Terms of service
english General Terms and Conditions
ENGLISH LEKA TRADING B.V.
english Chapter 1: General Provisions
1. Definitions
· english Offer
english any declaration by Leka Trading B.V. with the intention of entering into an agreement;
english Withdrawal period
english a period of 14 days during which the Consumer can dissolve the agreement without stating reasons;
English Rules of Evidence
english an agreement concerning the provision of evidence within the meaning of Article 153 of the Dutch Code of Civil Procedure (Rv) and Article 7:900, paragraph 3, of the Dutch Civil Code (BW). Consequently, evidence can only be provided by means of a written statement intended for that purpose; other written statements and witness statements concerning orally agreed amendments or amendments through other conduct are excluded as means of evidence;
english Customer
english The Consumer, or the natural person(s) or legal entity/entities to whom Leka Trading B.V. makes an Offer for the supply of Products and/or with whom Leka Trading B.V. enters into an agreement;
english Consumer
english a consumer as defined in Article 6:230g, paragraph 1, sub a of the Dutch Civil Code;
english Consumer Agreement
english a contract between Leka Trading B.V. and a Consumer;
english Product(s)
english The Products to be delivered/delivered or leased/leased by Leka Trading B.V. to or for the Customer;
english Leka Trading B.V.
The private limited liability company Leka Trading B.V.,
english acting under the name Leka Trading B.V.;
English Agreement
english every contractual agreement that is concluded between Leka Trading B.V. and Customer, including any amendment or addition thereto, as well as all preparatory and executive (legal) actions thereof;
Price
english The compensation that the Customer owes to Leka Trading B.V. for
english the delivery of Products, excluding VAT and other
english government levies, unless explicitly stated otherwise;
English Recorded in writing
Under 'recorded in writing' in these terms and conditions, it is also understood that
english understood communication by email, provided the identity of
english the sender and the integrity of the content are sufficiently established;
Website
english The internet page of Leka Trading B.V. (www.lekatrading.com)
english 2. Scope of application
english 2.1 These general terms and conditions apply to every Offer
from english Leka Trading B.V. english and on each Agreement concluded between english Leka Trading B.V.Customer.
english 2.2 Deviations from these general terms and conditions are exclusively valid
english if and to the extent that these have been expressly and in writing
agreed.
english 2.3 Should one or more of the provisions in these general
english if the conditions are invalid or declared void, then the remaining
english the remaining provisions of these terms and conditions of
english strength. english Leka Trading B.V. and Customer will then consult with each other
english to new provisions to replace the void or
annulled provisions to agree, whereby as much as possible
english the original purpose and scope of the provisions in mind
english taken.
english 2.4 These terms and conditions do not apply if and to the extent
to the extent that the law excludes this or mandatory law prescribes it.
english 3. Formation of the Agreement
english 3.1 An Agreement becomes final at the moment that english Leka Trading B.V.
english confirms the order of the Customer in writing.
3.2 The confirmation of english Leka Trading B.V. is deemed to be the Agreement
to be displayed correctly and completely. However, the Agreement
english to correctly and fully display the Customer's request
english if the deviations are not material.
english 3.3 If the confirmation of english Leka Trading B.V. shows deviations to
english in relation to the Customer's order, the Customer can the
english Revoke agreement within fourteen (14) days after
english receipt of the confirmation. In the absence of revocation,
english the Agreement deemed to have been concluded with the
english deviations as shown in the confirmation of english Leka Trading B.V.
english 3.4 Verbal agreements and commitments of english Leka Trading B.V. english will be delivered
english binding after they have been confirmed in writing.
english 3.5 Amendments and additions to the Agreement are exclusively
english valid if and to the extent that they are in writing
agreed.
4. Prices
4.1 All by english Leka Trading B.V. english The prices stated are exclusive of value-added tax.
(btw) and other government levies, unless otherwise indicated.
english 4.2 Prices are based on the cost factors applicable at the time
english of the conclusion of the Agreement. If one or more of
english these cost factors after the conclusion of the Agreement
change, has english Leka Trading B.V. english the right to adjust the Price.
4.3 english Leka Trading B.V. english The Customer will be informed in a timely manner about price changes.
english If the price change is an increase of more than 10%
english concerns, the Customer has the right to dissolve the Agreement.
english 5. Delivery
5.1 The english Leka Trading B.V. english delivery times are indicative and
english can never be considered fatal deadlines.
5.2 english Leka Trading B.V. will endeavor to the Products within the
english to deliver within the agreed timeframe. Should the delivery
to experience a delay, then english Leka Trading B.V. The buyer of this as soon as possible
english to possibly inform.
5.3 Exceeding the delivery period does not entitle the Customer
english on compensation, unless the delay is the direct result of
gross negligence or wilful misconduct english Leka Trading B.V.
5.4 english Leka Trading B.V. english is authorized to deliver the Products in parts.
5.5 The risk relating to the Products shall pass to the Purchaser upon
english the moment of delivery.
english 6. Retention of Title
6.1 english Leka Trading B.V. retains ownership of all delivered Products until
english The customer has fully met their payment obligations.
english 6.2 The buyer is not authorized to the Products that are under
english retention of title have been delivered to pledge or in any
english other ways to object.
english 6.3 If the Customer fails to comply with its
payment obligations, is english Leka Trading B.V. english entitled to the Products
english to take back. The buyer is obliged to cooperate with this.
english grant.
english 7. Payment
english 7.1 The buyer must pay the invoices of english Leka Trading B.V. to comply within the
english the period stated on the invoice.
7.2 In case of late payment, the Customer shall be in default by operation of law and shall be
english The buyer owes the statutory commercial interest. english Leka Trading B.V. is in
english in that case also entitled to charge the collection costs
english bring.
english 7.3 Payments shall initially be applied to the oldest outstanding balance
outstanding claim.
english 7.4 The buyer is not authorized to offset claims.
english 8. Warranty
8.1 english Leka Trading B.V. english is responsible for the quality of the delivered Products
english in accordance with the applicable legal provisions and
the by english Leka Trading B.V. english provided warranties.
8.2 The warranty shall be void if the Customer uses the Products incorrectly,
modifies or repairs without prior consent from english Leka Trading B.V.
english 8.3 The warranty does not cover consequential damages.
english 9. Complaints
english 9.1 Complaints regarding the execution of the Agreement must
in writing english Leka Trading B.V. to be submitted within a reasonable
english term after discovery of the defect.
9.2 english Leka Trading B.V. english will handle complaints as soon as possible.
english 9.3 If a complaint is justified, the english Leka Trading B.V. english the Agreement
english re-execute or pay appropriate compensation.
english 10. Liability
10.1 english Leka Trading B.V. is solely liable for damage that is a direct
english consequence of an attributable breach in performance
english of the Agreement.
english 10.2 The liability of english Leka Trading B.V. is limited to the Price
of the Products, or to the amount that the insurance
from english Leka Trading B.V. pays out in a specific case.
10.3 english Leka Trading B.V. is not liable for indirect damage, such as
consequential damages, lost profits, missed savings, and
english business interruption damage.
english 10.4 Buyer indemnifies english Leka Trading B.V. english for all third-party claims
english that relate to the execution of the Agreement.
english 11. Force Majeure
english 11.1 In case of force majeure, english Leka Trading B.V. not held her
english to fulfill obligations.
english 11.2 Force majeure means an attributable
shortcoming, including but not limited to strikes, fire,
natural disasters, government intervention, supply chain disruptions
english energy, water, and telecommunications, and equipment failure.
11.3 If the force majeure situation lasts longer than ninety (90) days
english continues, both parties are entitled to the Agreement to
english dissolve.
english 12. Applicable Law and Competent Court
12.1 All Agreements shall be governed exclusively by Dutch law.
english application.
english 12.2 All disputes arising from or relating to a
english Agreements will be submitted to the competent
english judge in the jurisdiction where english Leka Trading B.V. english is located.
english Chapter 2: Additional Provisions for Consumer Agreements
english 13. Right of Withdrawal
english 13.1 The Consumer has the right to the Consumer Agreement
within a withdrawal period of 14 days without giving a reason
english reasons to dissolve.
english 13.2 The revocation period commences on the day after the Consumer or
a third party designated by the Consumer in advance, other than the
english carrier, the Product has received.
english 13.3 During the Withdrawal Period, the Consumer shall carefully
english handling of the Product and its packaging. He will the Product
english only unpack or use to the extent necessary to
english the nature, the characteristics, and the operation of the Product to establish
english stellen. The principle here is that the Consumer may only use the Product
can handle and inspect as he would in a physical store
would be allowed to do.
english 13.4 To exercise his right of withdrawal, the Consumer must
english Leka Trading B.V. to inform them thereof by means of
english the attached model form or via another unambiguous
english method.
13.5 The Consumer must inspect the Products as soon as possible, at the latest
within fourteen (14) days after the day following the date
english of signing and dispatch of the Model Form,
english to be returned to english Leka Trading B.V. The Products must be with all
english included accessories, and as much as possible in original condition and
english packaging, to be returned.
13.6 The costs for returning the Products are for
english Consumer's account.
13.7 english Leka Trading B.V. english will the Price paid by the Consumer, including
english any delivery costs, as soon as possible, at the latest within
fourteen (14) days after receipt of the Product, refund.
english 14. Exceptions to the right of withdrawal
english 14.1 The right of withdrawal is excluded for the following Products:
english a. Products that can spoil or age quickly;
english b. Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
english c. Products that by their nature are inseparably
mixed with other matters;
english d. Audio and video recordings and computer software
the seal of which has been broken after delivery;
english e. Newspapers, periodicals or magazines, with the exception of
subscriptions for this;
english f. Products manufactured in accordance with the specific instructions of the
Consumer;
english g. Products that are clearly of a personal nature;
english h. Products that by their nature cannot be returned.
english 15. Conformity
15.1 english Leka Trading B.V. english ensures that the Products comply with the
Agreement, the specifications mentioned in the offer, to the
english reasonable requirements of soundness and/or usability and the
english on the date of the conclusion of the Agreement
english applicable statutory provisions and/or government regulations.
15.2 A lack of conformity must be notified within a reasonable period after
english discovery in writing at english Leka Trading B.V. to be reported.
15.3 If a lack of conformity is justified, the english Leka Trading B.V. english the
english Product repair or replacement free of charge.
english 16. Dispute Resolution
16.1 All Consumer Agreements shall be governed exclusively by Dutch law.
english applicable.
16.2 Disputes between the Consumer and english Leka Trading B.V. english about the
english completion or execution of Consumer Agreements
english can be submitted to the Disputes Committee.
16.3 A dispute is only considered by the Disputes Committee when
english treatment taken, if the Consumer his complaint
english first to english Leka Trading B.V. has been submitted.
16.4 english Leka Trading B.V. english participation in a dispute resolution procedure is not mandatory.
english General Terms and Conditions Leka Trading B.V.
english Appendix I: Model Withdrawal Form
english General
The Consumer must examine the Products as soon as possible, at the latest within fourteen (14) days of the day
english following the date of signing and the dispatch of the Model Form, to return
english to english Leka Trading B.V. english The Products must be delivered with all accompanying accessories, as much as possible in the original
english condition and packaging, to be returned.
Modelformulier
english This form must be completed and returned when you wish to revoke the Agreement.
The form can be sent by post to the address below or scanned and sent by email to the
english sent to the email address below.
english To: Leka Trading B.V.
het Aangelag 16
5531 XL Bladel
info@lekatrading.com
english I/We* hereby inform you that I/we* our Agreement concerning
english if applicable: the sale of the following Products with invoice number:
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