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TERMS AND CONDITIONS

The following general terms and conditions apply to Linge Loft.

FINAL

In these terms and conditions, the following definitions apply:

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  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
     

  2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
     

  3. Day: calendar day;
     

  4. Digital content: data produced and delivered in digital form;
     

  5. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
     

  6. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that enables unaltered reproduction of the stored information;
     

  7. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
     

  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
     

  9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for remote communication;
     

  10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

IDENTITY OF THE ENTREPRENEUR

Linge Loft

Front Street 69D
4153AJ Beesd

 

E-mail address:  info@lingeloft.nl

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Chamber of Commerce number: 62354949
VAT ID: NL002251056B86

APPLICABILITY

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
     

  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
     

  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
     

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

THE OFFER

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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, services and/or digital content 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.

THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
     

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance 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. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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, or to attach special conditions to the implementation.
     

  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:  a.  The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;  b.  The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;  c.  The information about warranties and existing after-sales service;  d.  The price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;  e.  The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;  f.  If the consumer has a right of withdrawal, the model form for termination.
     

  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

RIGHT TO DISSOLVE

For products:

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  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for termination, but not oblige him to state his reason(s).
     

  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:  a.  If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.  b.  If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;  c.  In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

OBLIGATIONS OF THE CONSUMER DURING THE CHANGEOVER TIME

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
     

  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
     

  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of termination before or at the conclusion of the agreement.

EXERCISE OF THE RIGHT OF DISSOLUTION BY THE

CONSUMERS AND THEIR COSTS

  1. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by sending an e-mail to info@donaparte.nl in which he states at least:
    a.
      the reason for making use of his right of withdrawal.
    b. the order number the article on which the cancellation
      applies to.
    c.
      the products and/or services for which they are  want to use the right of cancellation
     

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
     

  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
     

  4. The risk and the burden of proof for the correct and timely exercise of the right of termination rests with the consumer.
     

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
     

  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

OBLIGATIONS OF THE ENTREPRENEUR AT DISSOLUTION

  1. If the entrepreneur makes the notification of dissolution by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
     

  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the dissolution. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
     

  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
     

  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

EXCLUSION RIGHT OF DISSOLUTION

The entrepreneur can exclude the following products and services from the right of termination, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
 

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the termination period;
     

  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
     

  3. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
     

  4. Products that are clearly intended for a specific person;
     

  5. Products that spoil quickly or have a limited shelf life;
     

  6. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
     

  7. Products that are irrevocably mixed with other products after delivery by their nature;
     

  8. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
     

  9. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;

THE PRICE

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
     

  2. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
     

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
     

  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:  a.  These are the result of legal regulations or provisions; or  b.  The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
     

  5. The prices stated in the offer of products or services include VAT.

PERFORMANCE AGREEMENT AND ADDITIONAL WARRANTY

  1. 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
     

  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
     

  3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .

DELIVERY AND EXECUTION

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
     

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
     

  3. The risk of damage and/or loss lies with the entrepreneur until the amount owed has been paid to the entrepreneur. If the product has been delivered, it is the property of the consumer and the risk of damage and/or loss lies with the consumer. 

PAYMENT

  1. Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period.
     

  2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
     

  3. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.
     

  4. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
     

  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
     

  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.  
     

  4. If the consumer has a complaint against the entrepreneur and they cannot come to a solution together, the consumer can submit a dispute to the ODR platform. (http://ec.europa.eu/consumer/odr/)

DISPUTES

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. 

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