CONDITIONS OF SALE, DELIVERY AND PAYMENT OF LODGER B.V. HAVING REGARD TO CONSUMER SALE
Article 1. Definitions In these general terms and conditions, the following terms shall have the following meaning: 1.1 Consumer: the natural person who, not acting in the exercise of a profession or business, orders or purchases a product from Lodger via the website. 1.2 Lodger: Lodger B.V. having its registered office and principal place of business in Woerden, registered under Chamber of Commerce number 34136487 0000. 1.3 Product(s): children's and baby accessories, in the broadest sense of the word. 1.4 Delivery: the date and time on which the product is delivered by Lodger at the delivery address stated by the consumer. 1.5 Website: the website www.lodger.com 1.6: Parties: Lodger and consumer jointly. Article 2: General / application 2.1 These general terms and conditions apply to every offer made by Lodger any to every agreement concluded between Lodger and the consumer. 2.2 Additions to or deviations from these general terms and condition shall only apply where agreed in writing between the parties. 2.3 If one (or more) of the provision(s) in these general terms and conditions is (or are) declared null and void, the applicable provision(s) will become ineffective and Lodger will replace it (them) by a new comparable provision, and the other stipulations of the present general terms and conditions shall remain fully applicable. 2.4 The general terms and conditions may be changed at all times by Lodger. Any such amendments shall not enter into force until thirty days after Lodger has notified the consumer thereof. 2.5 Lodger reserves the right at all times to subcontract its obligations under the agreement concluded with the consumer in full or in part to third parties. Article 3. Offer / acceptance 3.1 By placing an order with Lodger via its website and checking the applicable ‘I agree to the terms and conditions’ field on the website, the consumer confirms his acceptance with the contents of these general terms and conditions and the agreement shall come into effect. 3.2 The consumer will receive an e-mail from Lodger, confirming the establishment of the agreement. Article 4. Prices 4.1 All prices stated with the products are in euros and are inclusive of Dutch VAT and other government levies. 4.2 Any additional delivery costs charged by Lodger to the consumer will be specified separately on the website. 4.3 In the case of special offers, these shall apply for a set period only and while stocks last. 4.4 Lodger expressly reserves the right to amend its prices. Any price increase shall not be effected until such increase has been notified to the consumer by Lodger. If the price of a product is increased by Lodger during the period between the order and its execution, the consumer is entitled to dissolve the agreement within ten days of being notified by Lodger of the price increase. 4.5 Lodger cannot be required to comply with quotations that are evidently incorrect, for example if the consumer may reasonably be expected to understand that the quotation in question contains an apparent mistake or error. Article 5. Delivery 5.1 The product will be delivered within three working days from receipt of the consumer's order and payment. 5.2 The delivery time stated by Lodger shall never be considered as a firm deadline. Exceedance of the delivery time does not entitle the consumer to compensation. 5.3 If the product is not or no longer in stock, Lodger shall make every effort to offer an equivalent replacement product. The consumer shall be notified, no later than at the time of delivery and in a clear and comprehensible manner, that a replacement product will be delivered. With regard to a replacement product, the revocation right pursuant to article 9 of these general terms and conditions shall apply in full. The costs of returns, where applicable, shall be borne by Lodger. 5.4 Products are delivered solely within Europe. Article 6. Payment 6.1 The consumer will issue payment to Lodger using one of the payment options indicated on the website. Article 7. Retention of title and risk 7.1 Ownership of the products delivered by Lodger is transferred to the consumer only after the consumer has paid all amounts due to Lodger and Lodger has received the payment. 7.2 All risks in relation to the product will pass to the consumer at the moment of delivery. Article 8. Intellectual property rights 8.1 All intellectual properties rights with regard to the products rest with Lodger. 8.2 The consumer is prohibited from reproducing, making public or imitating the products without the express permission of Lodger. Article 9 Right of revocation 9.1 For 7 working days from delivery of the products, the consumer has the right to rescind the agreement in writing, without giving reasons for doing so. Any written notice of termination must be sent to the Customer Service team of Lodger (contact details provided in article 13.2). The consumer must return the product by post to Lodger. The charges for returning the product shall be borne by the consumer. 9.2 Following receipt and inspection of the product by Lodger, Lodger will refund the payment made by the consumer as soon as possible for the product in question through a transfer to the bank account nominated by the consumer. 9.3 Lodger reserves the right to refuse the returned product or to refund only a proportionate part of the purchase price if Lodger suspects that the packaging of the product has been opened or that the product has been used and is no longer in perfect condition. 2 Article 10. Liability 10.1 The total liability of Lodger due to an attributable failure to perform this agreement or due to any other reason shall be limited to compensation of the damage not exceeding the purchase price of the product. 10.2 The liability of Lodger for loss as a result of death or physical injury shall under no circumstances exceed € 1,000,000 per claim or a series of connected events. 10.3 The exclusions and restrictions referred to in articles 10.1 and 10.2 shall no longer apply if and in so far as the loss is the result of intentional acts or deliberate recklessness on the part of Lodger. 10.4 In no event can Lodger be held liable for any damage or loss caused by the use of the internet or other means of communication between Lodger and the consumer. Article 11. Claims 11.1 The consumer is obliged to check the product immediately on delivery to verify that it corresponds with the agreement. If the consumer has a complaint regarding any deficiencies in the delivery, the consumer must provide written and reasoned notification to Lodger within two weeks days of delivery. 11.2 If it is established that the product does not comply with the agreement, Lodger has the choice of replacing the returned product with a new one or refunding the purchase price and shipping costs paid by the consumer. The product must be returned in its original packaging, undamaged and complete. Article 12. Force Majeure 12.1 If Lodger is unable to fulfil its obligations vis-à-vis the consumer as a result of Force Majeure or other extraordinary circumstance that cannot be attributed to Lodger, such as fire, strikes, stagnation in the supply of products, measures imposed by the state, unexpected deficiencies and/or disruptions at Lodger or its suppliers, Lodger is entitled to suspend its fulfilment of its contractual obligations in full or in part until a later date. In the event that permanent Force Majeure is evident, or if the Force Majeure extends a period of three months, the consumer is entitled to rescind the agreement. 12.2 In the event of a situation as referred to in paragraph 1 of this article, Lodger shall never be obliged to compensate the consumer for any loss incurred. Article 13: Complaints 13.1 Complaints with respect to the delivery or quality of the product purchased by the consumer from Lodger will be handled by the Customer Service team of Lodger. 13.2 Contact Details Customer Service Lodger, Afdeling Klantenservice, Kattegat 6A, 3446 CL Woerden, telephone number: 0348- 407172, e-mail address: firstname.lastname@example.org. Article 14: Personal details 14.1 The personal details of the consumer will be exclusively used for the purpose of executing the agreement. Article 15. Applicable law / competent judge 15.1 All sale agreements between Lodger and the consumer are governed exclusively by the laws of the Netherlands. The applicability of the Vienna Sales Convention or any other international treaties with regard to the sale of goods is expressly excluded. 15.2 Any disputes regarding the establishment of agreements pertaining to the products delivered or to be delivered by Lodger may, subject to the provisions hereinafter, be submitted to the Home Shopping Arbitration Board [Dutch: Geschillencommissie Thuiswinkel]. 15.3 The Arbitration Board will only deal with a dispute if the consumer has first submitted his complaint to Lodger within a reasonable time frame. To lodge a complaint, the buyer may use the online complaints form at www.thuiswinkel.org.. Lodger B.V. is obliged to resolve the complaint within 30 days of receipt thereof. If Lodger B.V. is unable to resolve the complaint within this time frame, Lodger B.V. will notify the buyer accordingly, indicating when the buyer can expect a reply. 15.4 No later than three months after the complaint has been submitted to the company, the dispute must be referred to the Arbitration Board in writing. (Postal address: Postbus 90600, 2509 LP Den Haag). 15.5 The Arbitration Board will pass judgment with due regard for the terms and conditions imposed in the regulations of the Arbitration Board. The decisions of the Arbitration Board will be binding.