General terms and conditions for the webshop
De Landrovers BV is registered in the Netherlands Trade Register under number 65807308.
Article 1 General
For the purposes of these terms and conditions:
- De Landrovers BV, a private company under Dutch law, having its registered office in Amsterdam, the Netherlands, trading under the name De Landrovers BV, whose object primarily is to offer and sell products, in the broadest sense, to consumers (remotely via the website www.the-landrovers.com/shop/, Facebook and Instagram).
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity entering into a distance contract with De Landrovers BV, hereinafter referred to as: “Consumer”;
- Distance contract: an agreement whereby, within the framework of a system organized by De Landrovers BV for the distance sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication, hereinafter referred to as: “Contract”;
- Withdrawal period: the period within which the Consumer may exercise his right of withdrawal, hereinafter referred to as: “Withdrawal Period”;
- Right of Withdrawal: the possibility for the Consumer to withdraw from the Contract within the Period of Reflection, hereinafter referred to as: “Right of Withdrawal”;
- Model revocation form: the European model revocation form, hereinafter referred to as: “Model revocation form”;
- Day: calendar day, hereinafter referred to as: “Day”;
- General Terms and Conditions: these General Terms and Conditions, hereinafter referred to as: “General Terms and Conditions”.
Article 2 Identity of the entrepreneur
Name entrepreneur: De Landrovers BV
1014 BB Amsterdam, The Netherlands
Returns should be addressed to the address mentioned above on the basis of ‘De Landrovers BV Returns’.
Contact: [email protected]
Accessibility: Monday to Friday from 09:00 to 18:00 hours
Chamber of Commerce number: 65807308 VAT identification number: NL856267843B01
Article 3. Applicability
- The General Terms and Conditions apply to all offers and quotations made by De Landrovers BV and to every Agreement concluded between De Landrovers BV and the Consumer.
- Before the Agreement is concluded, the text of the General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the Agreement is concluded that the General Terms and Conditions can be inspected at De Landrovers BV and that they will be sent (electronically) free of charge as soon as possible at the Consumer’s request.
- If the Agreement is concluded electronically, contrary to the previous paragraph and before the Agreement is concluded, the text of these General Terms and Conditions may be made available to the Consumer electronically in such a way that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the Agreement, it will be indicated where the General Terms and Conditions can be consulted electronically and that, at the Consumer’s request, they will be sent electronically or otherwise free of charge.
- Insofar as specific product and/or service conditions apply in addition to the General Terms and Conditions, the second paragraph of this article will apply accordingly and the Consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting General Terms and Conditions.
- The General Terms and Conditions are also stipulated for the benefit of those (legal) persons and third parties who are (or have been) directly or indirectly involved in any way with De Landrovers BV.
- Deviation from the General Terms and Conditions is only possible if the parties have explicitly agreed this in writing in advance.
- Should any provision of the General Terms and Conditions be null and void or be voided, the other provisions will remain in full force and the null and void or voided provision(s) of the General Terms and Conditions will be replaced by (a) new, legally permissible provision(s) whereby the purpose and purport of the null and void or voided provision(s) will be observed as much as possible.
- In the event of uncertainty regarding the interpretation of one or more provisions of the General Terms and Conditions, the interpretation of these provision(s) must take place in the spirit of the General Terms and Conditions.
- Situations that are not regulated in the General Terms and Conditions should be assessed in the spirit of the General Terms and Conditions.
- De Landrovers BV is at all times entitled to amend and/or supplement the General Terms and Conditions. The possible influence of these amendments and/or supplements will be discussed with the Consumer in a timely manner.
- Even if De Landrovers BV does not always require strict compliance with the General Terms and Conditions, the General Terms and Conditions shall continue to apply in full and De Landrovers BV reserves the right to require strict compliance with the General Terms and Conditions in other cases.
Article 4. Offers and quotations
- If and in so far as an offer and/or quotation has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer and/or quotation.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If De Landrovers BV uses images, these are a true representation of the products offered. Images can only be considered as an indication and no rights can be derived from them by the Consumer.
- Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. More specifically, this applies to:
- the price including taxes; o any delivery costs;
- the manner in which the Agreement is concluded and what actions are required for o the applicability of the right of withdrawal;
- the manner of payment, delivery and performance of the Agreement; and
- the period for acceptance of the offer, or the period within which the Consumer guarantees the price.
- De Landrovers BV cannot be held to its quotations or offers if the Consumer can reasonably understand that the quotations or offers, or a part thereof, evidently contain a mistake, clerical error or error.
- If the Consumer’s acceptance deviates from the offer included in the quotation, De Landrovers BV will not be bound by this and no Agreement will be concluded in accordance with this deviating acceptance, unless De Landrovers BV explicitly indicates this.
Article 5. Agreement
- The Agreement, subject to what is stipulated in paragraph 4 of this article, comes into effect at the moment of acceptance by the Consumer of the offer and compliance with the conditions thereby stipulated.
- If the Consumer has accepted the offer electronically, De Landrovers BV will immediately confirm receipt of acceptance of the offer electronically. As long as De Landrovers BV has not confirmed receipt of this acceptance, the Consumer may dissolve the Agreement.
- If the Agreement is concluded electronically, De Landrovers BV will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer is able to pay electronically, De Landrovers BV will observe appropriate security measures for this purpose.
- De Landrovers BV may – within the limits of the law – inquire whether the Consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the Agreement. If, on the basis of this investigation, De Landrovers BV has good grounds for not entering into the Agreement, it is entitled to refuse an order or application, stating its reasons, or to attach special conditions to its performance.
- De Landrovers BV will send the following information electronically or in writing to the Consumer no later than upon delivery of the product:
- The contact details of De Landrovers BV to which the Consumer can address any complaints;
- the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about existing after-sales service and warranties;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
Article 6. Right of withdrawal
- With the online purchase of products, the Consumer has the possibility to terminate the Agreement in writing without giving reasons for a period of 14 days by means of the Model revocation form. This period commences on the day following receipt of the product by or on behalf of the Consumer.
- The Consumer can exchange the purchased products at De Landrovers BV within 14 days or, after returning them, receive a voucher.
- If De Landrovers BV has not provided the Consumer with the legally required information about the right of withdrawal or the Model revocation form, the Withdrawal Period expires twelve months after the end of the original Withdrawal Period determined in accordance with the previous paragraphs of this article.
- If De Landrovers BV has provided the Consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original Remembrance Period, the Remembrance Period expires 100 days after the day on which the Consumer received that information.
- During this period, the Consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to De Landrovers BV (Kabelweg50, 1014 BB Amsterdam, The Netherlands) in accordance with the reasonable and clear instructions provided by De Landrovers BV.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
- The Consumer is only liable for any reduction in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
- The Consumer is not liable for any reduction in value of the product if the Entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
- If the Consumer exercises his right of withdrawal, the costs and risk of returning the product will be borne by the Consumer.
- If the Consumer has already paid an amount, De Landrovers BV will refund this amount as soon as possible, but no later than 14 days after the return or revocation. The refund is free of charge for the Consumer. The Consumer may also choose to exchange the article within 30 days.
- De Landrovers BV has the right to refuse returned items or to only partially return payments if the products are not returned in the original packaging or are damaged or used.
- De Landrovers BV is not responsible for the shipping costs of returning a product.
Article 7. Exclusion right of withdrawal
- De Landrovers BV may exclude the Consumer’s right of withdrawal to the extent provided for in paragraph 2 of this article. The exclusion of the right of withdrawal only applies if De Landrovers BV has clearly stated this in the offer, or at least in good time prior to the conclusion of the Contract.
- Exclusion of the right of withdrawal is only possible for products:
- that are sealed and are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- that have been developed by De Landrovers BV in accordance with specific wishes of the Consumer and that are clearly of a personal nature;
- that can spoil or age quickly; and
- whose price is subject to fluctuations in the financial market over which De Landrovers BV has no influence.
Article 8. Prices
- During the period of validity stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, De Landrovers BV may offer products whose prices are subject to fluctuations in the financial market and on which De Landrovers BV has no influence, at variable prices. These variable prices are subject to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the Agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the Agreement are only permitted if De Landrovers BV has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the Consumer has the right to terminate the Agreement on the day on which the price increase takes effect.
- The prices mentioned in the offer of products are inclusive of VAT and exclusive of any other costs, such as shipping and administration costs. These other costs will be mentioned separately when placing an order.
Article 9. Conformity and warranty
- De Landrovers BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement.
- A guarantee provided by De Landrovers BV, manufacturer or importer does not affect the statutory rights and claims that the Consumer may assert against De Landrovers BV under the Agreement if De Landrovers BV has failed to perform its part of the Agreement.
- Additional guarantee is understood to mean any obligation on the part of De Landrovers BV, its supplier, importer or producer in which De Landrovers BV assigns certain rights or claims to the Consumer that go beyond what the Consumer is legally obliged to do if he has failed to comply with its part of the Agreement.
Article 10. Delivery and execution
- De Landrovers BV will take the greatest possible care in receiving and executing orders for products.
- The place of delivery is the address that the Consumer has given to De Landrovers BV.
- With due observance of what is stated in Article 4 of the General Terms and Conditions, De Landrovers BV will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Consumer will be informed of this within 30 days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement free of charge and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, De Landrovers BV will refund the Consumer the amount paid immediately after dissolution.
- The risk of damage and/or loss of products rests with De Landrovers BV until the moment of delivery to the Consumer or a representative appointed in advance and made known to De Landrovers BV, unless expressly agreed otherwise.
Article 11. Changed circumstances
- Should the circumstances which the Consumer and De Landrovers BV assumed at the time of the conclusion of the Agreement change to such an extent that compliance with (part of) the Agreement cannot reasonably be required of (one of) the parties, then consultations will take place between the parties about interim changes to the Agreement. If the changed circumstances are attributable to the Consumer, any costs resulting from these changed circumstances will be charged to the Consumer.
- If the parties decide to change the approach, working method or scope of the agreement and the ensuing work, the consumer accepts that the time schedule of the agreement will be adjusted if necessary.
Article 12. Payment
- Unless otherwise agreed, the amounts owed by the Consumer must be paid when placing an order on the De Landrovers BV website in a manner indicated by De Landrovers BV.
- In the event of advance payment, the Consumer may not assert any rights regarding the execution of the order in question before the stipulated advance payment has been made.
- The Consumer is obliged to report any inaccuracies in the payment details provided or stated to De Landrovers BV without delay.
- If the Consumer fails to meet his payment obligation(s) on time, he will owe statutory interest on the amount still due after De Landrovers BV has drawn his attention to the late payment and De Landrovers BV has granted the Consumer a period of 14 days in which to meet his payment obligations, after failing to pay within this 14-day period, and De Landrovers BV will be entitled to charge any extrajudicial collection costs it has incurred. 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. De Landrovers BV may deviate from the above amounts and percentages for the benefit of the Consumer.
Article 13. Retention of title
- De Landrovers BV retains ownership of all products delivered and still to be delivered in accordance with the Agreement until such time as the Consumer has fulfilled his payment obligations towards De Landrovers BV.
- The payment obligation described in paragraph 1 of this article consists of the payment of the purchase price of all products delivered and still to be delivered, increased by the costs incurred if the consumer is unable to meet his payment obligations, including damages, extrajudicial (collection) costs, interest and any penalties.
- As long as a retention of title rests on delivered products, the consumer is not allowed to pledge these products or to establish any other (security) right on the products on behalf of third parties.
- The consumer is obliged to mark all products that are subject to a retention of title by De Landrovers BV as such, until such time as he has fulfilled all his payment obligations.
Article 14. Suspension, dissolution and (interim) termination of long-term agreements
- De Landrovers BV is entitled to suspend (further) performance of the Agreement if the Consumer fails to comply with the payment conditions or otherwise fails to fulfil its obligations, all this without prejudice to De Landrovers BV’s right to claim damages.
- Agreements may be terminated prematurely with De Landrovers BV’s consent and in accordance with the provisions of this article.
- In the event of premature termination, De Landrovers BV retains the right to payment of the invoices for products delivered up to that time. Any advance payment made will be reimbursed proportionally if reasonably necessary.
- De Landrovers BV is entitled to dissolve the Agreement if circumstances arise of such a nature that compliance with the Agreement is (permanently) impossible or if other circumstances arise of such a nature that the unaltered maintenance of the Agreement cannot be demanded of De Landrovers BV.
- If the Agreement is dissolved, De Landrovers BV’s claims against the consumer are immediately due and payable. If De Landrovers BV suspends performance of its obligations, it retains its claims under the law and the agreement.
- If De Landrovers BV suspends or dissolves the agreement, it shall in no way be obliged to pay compensation for the damage and costs incurred as a result.
- De Landrovers BV is entitled to compensation for damage, including costs, directly and indirectly incurred if the dissolution is attributable to the Consumer.
- If the Consumer fails to fulfil his obligations to De Landrovers BV arising from the Agreement and this failure to fulfil obligations justifies dissolution, De Landrovers BV shall be entitled to terminate the Agreement immediately without any obligation on its part to pay any damages or compensation, while the Consumer shall be obliged to pay damages or compensation on the grounds of breach of contract.
- In the event of bankruptcy, seizure – if and insofar as the seizure has not been lifted within three months – or accession to the WSNP on the part of the Consumer, De Landrovers BV is free to terminate the Contract immediately and with immediate effect, without any obligation on the part of De Landrovers BV to pay any damages or compensation. Legal intervention or notice of default is not required for this. De Landrovers BV’s claims against the Consumer are in that case immediately due and payable.
Article 15. Complaints procedure
- All complaints regarding the execution of the Agreement by De Landrovers BV must be made known to De Landrovers BV in writing, fully and clearly described, within 14 days after the Consumer has discovered the defects. After the expiry of the aforementioned period, the Consumer is deemed to have accepted the delivered products and/or invoices.
- In the event of a justified complaint, De Landrovers BV reserves the choice between delivery of a new product, refund of the purchase price paid by the Consumer or adjustment of the purchase price charged.
- If it is established that a complaint submitted by the Consumer is unfounded, the costs incurred by De Landrovers BV, including research costs, shall be borne by the Consumer.
Article 16. Liability
- De Landrovers BV is only liable to the extent arising from this article. The included limitations of liability of De Landrovers BV do not apply if the damage is due to intent and/or gross negligence on the part of De Landrovers BV and/or its subordinate(s).
- No liability is accepted for deviating use and/or handling of instructions on the packaging and leaflets of the products.
- Under no circumstances shall De Landrovers BV be liable for personal, physical and general damage arising from the use of the products by the Consumer or third parties.
- The Consumer is obliged to take all necessary measures to prevent or limit damage.
- De Landrovers BV is not liable for damage caused by any use of the products other than that for which they were originally intended.
- De Landrovers BV shall be liable to the Consumer for any failure in the performance of the Agreement insofar as such failure consists of failure to exercise the due care and expertise on which the Consumer may rely in the performance of the Agreement.
- De Landrovers BV is not liable for damage suffered by the Consumer or third parties if such damage is the result of acts or omissions of an auxiliary person engaged by De Landrovers BV (not including employees of De Landrovers BV).
- If an error is made because the Consumer has provided De Landrovers BV with incorrect or incomplete information, De Landrovers BV will not be liable for the damage caused.
- In the event of force majeure as discussed in Article 17 of the General Terms and Conditions, De Landrovers BV is not liable.
- De Landrovers BV’s liability for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation, is excluded at all times. De Landrovers BV can only be liable for direct damage caused by an attributable shortcoming in the fulfilment of the obligation(s) arising from the agreement. Direct damage is understood to mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of the General terms and donditions, any reasonable costs incurred to ensure that De Landrovers BV’s defective performance complies with the agreement, insofar as these can be attributed to De Landrovers BV, and reasonable costs incurred to prevent or limit damage, insofar as the consumer demonstrates that these costs have led to the limitation of direct damage as referred to in the General Terms and Conditions.
- De Landrovers BV’s liability for any failure to perform the agreement, as well as for any wrongful act, is limited to the amount that the Consumer has paid De Landrovers BV in respect of the products ordered and/or is still owed De Landrovers BV in respect of the loss-causing event to which the liability relates or to which it relates, with a maximum – if higher and to the extent applicable – of in addition the amount that the Consumer has incurred in costs and which costs are inextricably linked to the failure to perform or wrongful act.
- The Consumer must submit a claim for compensation to De Landrovers BV no later than twelve months after the Consumer discovers the damage, failing which the right to compensation will lapse.
Article 17. Force majeure
- De Landrovers BV shall not be obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance for which it is not to blame and which is not for its account under the law, a legal act or a generally accepted opinion.
- During the period of force majeure, De Landrovers BV may suspend the obligations arising from the agreement between the consumer and it. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without any obligation to compensate the other party for damages. If the situation referred to above occurs when the Agreement has been partially executed, the Consumer is obliged to fulfil his obligations towards De Landrovers BV until that moment. De Landrovers BV is then entitled to invoice the part already fulfilled or to be fulfilled separately. The Consumer is obliged to pay this invoice as if it were a separate agreement.
- In the General terms and conditions, ‘force majeure’, in addition to what is understood by law and case law in this respect, means all external causes, foreseen or unforeseen, on which De Landrovers BV cannot or could not reasonably have had any influence and which prevent De Landrovers BV from fulfilling its obligations. This includes strikes at De Landrovers BV. De Landrovers BV is also entitled to invoke force majeure if the circumstance that makes (further) performance of the agreement (permanently) impossible occurs after De Landrovers BV should have performed its obligation.
Article 18. Applicable law and competent court
- All legal relationships to which De Landrovers BV is a party shall be governed exclusively by Dutch law, even if an agreement is wholly or partly executed abroad or if the party involved in the legal relationship is domiciled there.
- All disputes between De Landrovers BV and the consumer which may arise and which cannot be resolved by mutual agreement will be submitted exclusively to the competent court in the domicile of De Landrovers BV, Amsterdam. Nevertheless, De Landrovers BV is authorized to submit the dispute to the competent court according to the law.
- Both De Landrovers BV and the consumer will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 19. Location and amendment of general terms and conditions
- The General terms and conditions are published on the website of De Landrovers BV: www.the-landrovers.com/shop/ and will be handed over free of charge to the consumer upon request upon the conclusion of an Agreement.
- The version in force at the time of the conclusion of the agreement with De Landrovers BV will always apply.
- The Dutch text of the General Terms and Conditions is always decisive for the interpretation thereof.
Download Model Revocation Form