1.1 Lennart Lauren, registered at the Chamber of Commerce under no. 65469437.
1.2 Further information of Lennart Lauren:
VAT identification number: NL824069900B01
1.3 Client: the (potential) Consumer of the offered services and goods of Lennart Lauren.
1.4 Consumer: a private individual, not a professional trader of goods from Lennart Lauren or representative of a business.
2.1 Lennart Lauren declares these general terms and conditions to apply to any and all offerings of Lennart Lauren and to any and all resulting agreements which the parties entered into with one another. To the extent that the content of this has not changed, or no other more specific conditions between parties exist, these general terms and conditions will also be applicable to any future legal affairs between both parties.
2.2 Deviations from these general terms and conditions are only valid insofar both parties have explicitly agreed upon such in writing.
2.3 General (purchase)conditions of the Client are explicitly excluded from the agreement.
2.4 Third parties, which are involved by Lennart Lauren with the execution of the agreement, can also avail on these general terms and conditions.
2.5If one or more (parts) of the provisions of these general terms and conditions prove to be null and void, the remaining provisions of these general terms and conditions remain enforceable. Parties will then consult to agree upon new rules as a replacement of the affected provisions, in which as much as possible the purpose and purport of the affected provisions is reflected.
3. Offer, account and agreement
3.1 Every offer, in the form of a quotation or otherwise, is entirely and unconditionally non-binding and revocable, and has a validity of 30 days, unless stated otherwise in writing by Lennart Lauren.
3.2 The prices, as indicated in the quotation or any other form of offer, are in euro’s, excluding 21% VAT, and subject to charges, surcharges and other factors. Any prices on the website are expressly only indicative prices and therefore not binding.
3.3 All specifications of Lennart Lauren of size, color and other displayed specifications of the goods and/or services to be supplied are merely indications. A minimal deviation of these specifications in the supplied goods and/or services does not qualify as a shortcoming in the compliance to the agreement on the part of Lennart Lauren.
3.4 Apparent errors in offerings by Lennart Lauren are not binding towards Lennart Lauren.
3.5 An offer does not by default apply to other orders, backorders or prolongations.
3.6 The agreement comes about after both parties have signed an offer in writing, after Lennart Lauren confirms an acceptance in writing, or after Lennart Lauren, or a third party on her behalf, has started the execution.
4. Execution by Lennart Lauren
4.1 Lennart Lauren is entitled to fulfil every obligation to its own discretion, insofar no sufficient specification is provided by client. The fees payable are therefore, unless explicitly otherwise agreed upon in writing, in no way dependent on the outcome of the services rendered.
4.2 Client shall enable Lennart Lauren to carry out the assignment. Client commits to grant the required collaboration for the execution of the assignment by Lennart Lauren.
4.3 Lennart Lauren will attempt to fulfil the assignment within the assigned/estimated period. This period does not result in a mandatory time limit, so that Client always first has to declare Lennart Lauren in default, whereby a sufficient and reasonable term is provided to perform, before proceeding to any other remedy.
4.4 Client shall provide in a timely matter all information as deemed necessary by Lennart Lauren or of which Client reasonably needs to understand to be necessary for the execution of the assignment. Client bears the risk associated with the timely delivery of the aforementioned information. Lennart Lauren has the right to suspend the execution of the agreement and/or charge Client for additional fees and costs, in accordance with the customary rates, if Client does not fulfil its obligations as intended in this clause.
4.5 Lennart Lauren is at liberty to assign the execution, the assignment or delivery to third parties. Art. 7:404 of the Dutch Civil Code is explicitly excluded in the agreement.
5. Delivery of goods
5.1 If delivery of goods is at the address of Lennart Lauren, Client has to make sure the goods are collected at the delivery date. If the goods are to be dispatched at an address supplied by Client, Client is responsible to make sure the goods can be accepted at the supplied address between 08:00 AM and 10:00 PM. Client bears the costs which arise out of the failure to accept or collect the goods at the specified date on the specified location, including costs due to storing or (second) delivery of the goods. The extra costs must then be paid in advance.
5.2 Lennart Lauren is not liable for damages as a result of errors in the provided address for delivery of the goods.
5.3 Lennart Lauren undertakes to use its reasonable endeavours to dispatch the goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall neither be of the essence of the contract nor result in a mandatory time limit, so that Client always first has to declare Lennart Lauren in default, whereby a sufficient and reasonable term is provided to perform, before proceeding to any other remedy.
5.4 Delivery is ex. works or warehouse of Lennart Lauren.
5.5 In any case before receiving products and signing for receipt at the relevant transport company, Cliënt is obliged to check the content of the shipment for quality and quantity. In the event of any deviations in what has been agreed or damage, cliënt must not receive/accept the shipment. After receipt, Cliënt accepts the shipment with regard to quality and quantity and any (in) visible defects. Lennart Lauren is then no longer responsible for this.
6. Retention of title and transfer of risk
6.1 The risk of loss or depreciation of supplied goods is transferred to Client from the moment these have been placed at his disposal. Regardless of whether the transfer of ownership already took place.
6.2 Lennart Lauren retains ownership of all provided goods and services, such as designs, sketches, drawings, and (electronic) files, remain Lennart Lauren’s property, unless specifically otherwise agreed upon in writing. Lennart Lauren grants a license for the use of these goods to Client.
When Client is in default of any obligation resulting from the agreement, Client is obligated, at the request of Lennart Lauren, to render all necessary cooperation, so that Lennart Lauren can regain the goods supplied with retention of title unencumbered. If merely a right of use has been granted to the goods provided, Lennart Lauren can at any time summon Client to provide the goods at its own expenses to Lennart Lauren.
6.4Lennart Lauren is not obligated to compensate damage as a result of delay in the delivery, which can be attributed to Client.
7. Prices, payment and suspension
7.1 The offer is realized in good consultation. By entering into the agreement, both parties consider the prices reasonable and fair.
7.2 Invoice have a payment term of 14 days after receiving the invoice. Payments of invoices must be made by means of cashless transfer.
7.3 If the agreed payment period is exceeded, Lennart Lauren is immediately authorized to charge Client a compound interest of 1% of the principal sum per month as well as to charge an amount on behalf of the extra-judicial collection expenses. Latter costs comprise 15% of the principal sum due with a minimal amount of EUR. 125,-, excluding VAT.
7.4 Without Lennart Lauren’s explicit and written consent, Client is not allowed to apply settlement and/or suspension and/or withholding regarding its payment obligations.
8. Duration and interim termination of the agreement.
8.1 Lennart Lauren is authorised to terminate the agreement with Client with immediate effect for the future by means of a written notification without (further) prior notice of default, without Client having a right to compensation of damages, if:
a) Client entirely or partially discontinuous its operation or otherwise liquidates and/or significantly changes its operation without prior written consent of Lennart Lauren or transfers its operation to third parties.
b) Client is (provisionally) granted suspension of payment or Client is declared bankrupt, Client submits a request for the application of a debt rescheduling arrangement or Client is placed under guardianship or under administration.
c) A right of use to which the Client is entitled, is seized.
8.2 In case of interim termination of the agreement all payments due by Client to Lennart Lauren are immediately and in their entirety payable.
9. Warranty and liability
With respect to Clients, not being Consumers
9.1 All products delivered by Lennart Lauren comply with all requirements regarding normal usage. Any and all warranties referred to in this clause only apply to normal usage. The warranty mentioned in this article applies to items that are intended for use within the Netherlands. When used outside the Netherlands, Client must verify whether the item is suitable for use, and meets the conditions required, in the specific location. Lennart Lauren can in that case impose other warranty and other conditions with regard to the goods to be delivered or work to be performed.
9.2 Any warranty is limited to a period of 30 days after delivery, unless stated otherwise. Any warranty by Lennart Lauren are furthermore limited to the warranty provided by third party suppliers of Lennart Lauren.
9.3 Any warranty expires if;
a) the default arose as a result of or resulting from injudicious or improper use of the goods, including expressly not following the instructions of use,
b) Incorrect storage or maintenance of the good by Client and / or by third parties;
c) Changes to the good made by Client or third parties.
d) The defect is the result of circumstances which Lennart Lauren cannot influence, including weather conditions (such as, but not limited to, moisture or extreme temperatures), et cetera.
9.4 If the legitimacy of a claim under warranty is established, Lennart Lauren will either repair or replace the goods concerned. In the event of replacement, Client is obligated to return the goods to Lennart Lauren and to transfer the ownership thereof to Lennart Lauren, unless otherwise indicated by Lennart Lauren.
9.5 Client will bear any and all costs regarding unfounded complaints, including costs of research.
9.6 After expiration of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to Client.
With respect to Consumers
9.7 The Consumer is obligated to check every product or service delivered for conformity with regard to quantity and quality as soon as possible, though no later than 48 hours after delivery. When the performance does not meet the requirements as indicated in the agreement, Consumer is obligated to inform Lennart Lauren about this defect within 10 days after supply. The report must contain an accurate and precise description of the defect, so that Lennart Lauren is able to respond adequately to the report. Consumer must give Lennart Lauren the opportunity to investigate any defect.
9.8 After informing Lennart Lauren on a perceived deficiency, as meant in the section above, Lennart Lauren will remedy the concerning products or services, if required and in all reasonableness, without charge. Consumer shall only be authorized to terminate the agreement if repair or replace of the affected product or service is not an effective remedy. The preceding provisions shall not, however, give Consumer any claim on compensation. In the event of replacement Consumer is obligated to return the goods to Lennart Lauren, unless otherwise indicated by Lennart Lauren.
9.9 Any burden of proof regarding the cause of the deficiency of the product or service lies on Consumer.
9.10 A defect does not suspend any obligation of Consumer. In that case, Consumer will also be obligated to purchase and pay for the otherwise ordered goods.
9.11 If Consumer informed Lennart Lauren too late about the default the right of repair or replacement of products or services, or termination of the agreement as indicated in this article expires.
9.12 If Client informed Lennart Lauren too late about the defect the right of repair or replacement of products or services, or termination of the agreement as indicated in this article expires.
9.13 Consumer is obligated to immediately report damage to Lennart Lauren. Consumer is obligated to do everything reasonable to limit the aforementioned damage as much as possible.
9.14 Any and all liability of Lennart Lauren towards Consumer is limited to the amount to which Lennart Lauren’s professional- or corporate liability insurance gives entitlement or the fee invoiced
by Lennart Lauren as a result of the agreement, multiplied with 15%. For agreements with a duration longer than 6 months, said liability will be restricted to the amount invoiced for the last six months prior to the damaging event.
9.15 Lennart Lauren is never liable for consequential damages, and except in the case the damages are a result of intent or gross negligence on the part of Lennart Lauren, neither to property damage, intangible loss or lost profit.
9.16 Consumer indemnifies Lennart Lauren for damages (of third parties) as a result of acts or omissions by Lennart Lauren because of improper, incomplete or untimely submitted data, information and documents by Consumer.
9.17 Consumer indemnifies Lennart Lauren for damages suffered by third parties as a result of the execution of the agreement if the cause of the damages is attributable to others than Lennart Lauren. Consumer is, therefore, Lennart Lauren is held liable by third parties, bound to give judicial and extra-judicial support, do what is required in the resulting legal procedure.
9.18 In all cases, the period to which Lennart Lauren can be held liable for compensation of damages, is limited to 12 months after the damaging event.
9.19 Lennart Lauren is not liable for errors of third parties engaged by or on behalf of the Consumer.
10. Cooling off-period
This provision applies only to Consumers
10.1 Consumer is allowed to cancel an order, without giving any reason, within 14 days from the day on which Consumers, or a third party indicated by Consumers (other than the carrier), receives the goods purchased (or last good if it relates to goods delivered separately). However, Consumer does not have a right of withdrawal if the purchase relates to goods that are manufactured according to the specifications of Consumer, that are manufactured on the basis of an individual choice or decision of Consumer, or which are clearly for a specific person.
10.2 Consumers must inform Lennart Lauren of the decision to cancel the order, which may be submitted with the form available below or in any other way as long as the request is clear and in writing. Consumers can use the attached withdrawal form as shown below, but is not obligated to do so. To meet the cancellation deadline, it is sufficient for Consumer to send your communication before the 14 days’ cancellation period has expired and return the item by mail.
10.3 Lennart Lauren will reimburse all payments received from Consumers for the goods purchased and returned and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as Consumers used for the initial transaction, unless Consumers has expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
10.4 Consumers will have to bear the direct cost of returning the goods.
10.5 Consumers may be liable if the value of the goods returned diminishes due to the handling of the goods (except when and insofar necessary to establish the nature, characteristics and functioning of the goods).
10.6 Lennart Lauren is not liable for errors of third parties engaged by or on behalf of the Consumer.
11. Force majeure
11.1 Force majeure is understood to mean, in addition to its definition provided by law and jurisprudence, any and all external causes, foreseeable or not and not influenceable by Lennart Lauren. These also include strikes, traffic disturbances, unforeseeable delays, power supply failure, transport difficulties, fire, loss or damage during transport and government measures.
11.2 During force majeure the obligations of Lennart Lauren are postponed. If compliance is impossible for longer than a month due to force majeure or if there are other circumstances which makes it disproportionally onerous for Lennart Lauren to meet the obligations, Lennart Lauren is authorized to entirely or partially terminate the agreement by an announcement to the Client and without judicial intervention, without any obligation to pay compensation.
11.3 If at the start of force majeure Lennart Lauren has already fulfilled any or all obligations, Lennart Lauren shall be entitled to separately invoice the part delivered or performed.
12 Reservation of ownership
12.1 Unless the work does not lend to do so, Lennart Lauren is entitled at all times to have his / her name mentioned on or at the work or to have it removed. Without prior permission, the Client is not allowed to take the work into production, publish or reproduce without mentioning the name of Lennart Lauren.
12.2 The working drawings, prototypes, models, molds, design sketches, films and other materials or (electronic) files created by Lennart Lauren shall remain the property of Lennart Lauren, irrespective of whether these have been provided to the Client or to third parties.
12.3 The working drawings, prototypes, models, molds, design sketches, films and other materials or (electronic) files created by Lennart Lauren shall remain the property of Lennart Lauren, irrespective of whether these have been provided to the Client or to third parties.
12.4 Lennart Lauren retains the right to use the design for his own publicity or promotion.
12.5 The brands, images, logos and photos that are used and displayed on the website of Lennart Lauren are registered or unregistered brands of Lennart Lauren or of which Lennart Lauren has the exclusive right of use. These trademark rights may not be used without the prior permission of Lennart Lauren.
13. Confidentiality and Intellectual Property
13.1 The ownership of the goods sold, in contrast to the actual provision of power, will only be transferred to the Client after Client has fully paid all that the Client owes or will owe to the latter from the agreement. This does not only include the purchase price, but also any additional costs and extrajudicial collection costs.
13.2 Pursuant to the retention of title, Client is not entitled to alienate or encumber the goods with, for example, a right of pledge.
13.3 Client undertakes, in connection with the effectiveness of the retention of title, to timely and adequately inform Lennart Lauren in the event of imminent bankruptcy, suspension of payments, debt restructuring or when third parties threaten to seize one of the goods delivered with retention of title. Client is also obligated to insure the goods delivered subject to retention of title adequately against damage and theft.
13.4 If Client is in default in the fulfillment of any obligation under the agreement, Client is obligated to provide all the necessary cooperation at the request of Lennart Lauren, as a result of which Lennart Lauren will be able to dispose of the goods delivered unencumbered. This also includes the possible obligation to return the goods free of charge at the request of Lennart Lauren.
14. Forum-, choice of law and transfer of rights
14.1 Lennart Lauren is authorized to transfer her rights and obligations under this agreement to a third party. Client is merely authorized to transfer her rights and obligations to a third party with written consent of Lennart Lauren.
14.2 The agreement, and any and all future contracts or non-contractual obligations between parties, is governed by Dutch law.
14.3 Any and all disputes between parties are submitted to the exclusive jurisdiction of the competent Court of the District Overijssel (The Netherlands).