Terms and conditions
Terms and ConditionsThis page was last modified on August 25, 2022.
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Liability and compensation
Article 15 - Applicable law
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information.;
5. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
6. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
7. Distance contract: an agreement in which, in the context of a system organized by the entrepreneur, for the distance sale of products and/or services;
8. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
Article 2 - Identity of the entrepreneur
LEF deco, Calle Almirante Ferrándiz 59, 29780 Nerja, telephone number: 0034 699180373, email address: info@lefdeco.es, VAT identification number: (ES) E10631885.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract between the entrepreneur and the consumer;
2. Should any provision of these general terms and conditions be invalid, void or unenforceable, this will not affect the validity of the other provisions of these general terms and conditions or the agreement.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer;
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur;
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes; or any delivery costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded after the consumer has sent the fully completed digital order form;
2. The entrepreneur immediately confirms receipt of the order electronically. As long as the receipt of this order has not been confirmed by the entrepreneur, the consumer can dissolve the agreement;
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures;
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer;
2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur;
3. After cancellation, the consumer has another 14 days to return the products.
1. If the consumer makes use of his right of withdrawal, the costs of return will be for his account at most;
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 - Exclusion right of withdrawal
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned.
Article 9 - The price
1. The prices stated in the offer of products or services include VAT and packaging tax, but exclude any shipping costs;
2. The prices as stated on the entrepreneur's website are binding.
Article 10 - Conformity
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products;
2. The entrepreneur sells its products to both consumers and business customers;
3. The place of delivery is the address that the consumer has made known to the entrepreneur;
4. The entrepreneur delivers ordered products exclusively in mainland Spain;
5. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs;
6. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution;
7. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur;
8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer;
9. The products ordered by the consumer are delivered by a carrier to the delivery address specified by the buyer. If no one is present on delivery to receive the products, the carrier will offer the order again free of charge at a later time and/or contact the consumer to make a new appointment with regard to the delivery. If at the second delivery again no one is present to receive the products, the entrepreneur will charge delivery costs again for the third (and subsequent) delivery;
10. The minimum order amount for deliveries is € 50,-.
Article 12 - Payment
1. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur;
2. Orders can be paid in the following ways:
a. payment by credit or debit card;
b. payment via the Dutch payment system IDEAL;
c. payment via the Belgian payment system Bancontact;
d. payment by bank transfer;
e. cash on delivery in Nerja and on collection at the LEF deco shop, Calle Almirante Ferrándiz 59 in Nerja.
Article 13 - Complaints procedure
1. If the entrepreneur delivers incorrect or the incorrect number of products, the consumer must inform the entrepreneur of this by e-mail or contact page within 2 days after delivery. The entrepreneur then consults with the consumer whether the correct products will still be sent or whether the incorrectly delivered products will be collected;
2. When the consumer has received a defective product, the consumer must inform the entrepreneur of this by e-mail within 2 days after delivery and the consumer must demonstrate this by means of a photo. After receipt and approval by the entrepreneur, the entrepreneur will, at the discretion of the consumer, return the purchase amount of the product concerned to the consumer. and, or deliver the product concerned free of charge as soon as possible;
3. Complaints submitted to the entrepreneur will be answered by e-mail within a period of 2 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 2 days with a notification of receipt and an indication when the consumer can expect a more detailed answer;
4. In the event of complaints, a consumer must first turn to the entrepreneur. It is possible to register complaints via the European ODR platform (http://ec.europa.eu/odr)
Article 14 - Liability and damage compensation
1. The entrepreneur can only be held liable for damage that is attributable to intent or gross negligence, or is caused by circumstances that take a risk on the basis of mandatory rules;
2. The entrepreneur cannot be held liable for damage caused by third parties and the consumer indemnifies the entrepreneur against any damage claims from third parties. The entrepreneur can also not be held liable for damage caused by the carriers or courier services engaged by the entrepreneur, unless this damage can be attributed to intent or gross negligence on the part of the carrier or courier service;
3. The entrepreneur is never obliged to pay compensation other than damage to property and/or personal injury.
Article 15 - Applicable law
Only Spanish law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.