Terms of service
ARTICLE 1 - DEFINITIONS
In these general terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Duration transaction: a distance sales agreement relating to a series of products and/or services, the performance and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information are possible.
Right of withdrawal: The consumer's option to waive the distance sales agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance sales agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur meeting in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Lior and Clé Address: Anjelierenstraat 13, Purmerend, North-Holland, The Netherlands
Email address: info@liorandcle.com Phone number: +44 7456 624267
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders entered into between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur, and that they will be sent free of charge as soon as possible upon request by the consumer.
If the distance sales agreement is concluded electronically, contrary to the preceding paragraph, and before the distance sales agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance sales agreement is concluded where the general terms and conditions can be read electronically, and that they will be sent electronically or otherwise free of charge at the consumer's request. In the event that specific product or service terms and 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 provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions of these general terms and conditions are wholly or partially void at any time, the agreement and these general terms and conditions otherwise remain in force, and the relevant provision will immediately be replaced by a provision that comes as close as possible to the purpose of the original.
Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the explanation or content of one or more provisions in our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot lead to compensation or cancellation of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to
the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will use the special regulations for postal and courier services with regard to imports. This scheme applies when goods are imported into the destination country in the EU, which is also the case here. The postal and/or courier service collects the VAT (whether collected together with the invoiced customs duties or not) from the recipient of the goods; the any shipping costs; the manner in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and implementation of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the level of the tariff for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the basic tariff; whether the contract is filed after its conclusion and, if so, how it can be consulted by the consumer; the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, restore it; any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction.
ARTICLE 5 - THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within the law, obtain information about the consumer's ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service, at the latest upon delivery:
the visit address of the entrepreneur's business establishment where the consumer can go with 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; the information about warranties and existing after-sales service; the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement; the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In the case of products:
The consumer can terminate a contract for the purchase of a product without giving reasons during a cooling-off period of at least 30 days. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, 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.
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, received the last shipment or the last part;
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, received the first product.
In the case of services and digital content not supplied on a tangible medium:
The consumer can terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium without giving reasons during a cooling-off period of at least 30 days, commencing on the day the agreement is concluded.
Extended cooling-off period for products, services, and digital content that has not been provided on a tangible medium if the consumer has not been informed of the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months after the commencement date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
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 operation 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.
The consumer is only liable for the decrease in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if:
- The entrepreneur has clearly indicated this in the offer at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- created by the entrepreneur according to the consumer's specifications;
- which are clearly of a personal nature;
- which, by their nature, cannot be returned;
- which can deteriorate or expire rapidly;
- whose price is subject to fluctuations in the financial market that the entrepreneur has no control over;
- for individual newspapers and magazines;
- for sound and video recordings and computer software if the consumer has broken the seal;
- for hygiene products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- accommodation, transport, restaurant, or leisure activities to be performed on a specific date or for a specific period;
- if delivery has begun with the consumer's express consent before the expiry of the withdrawal period;
- in connection with betting and lotteries.
ARTICLE 9 - PRICE
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
If the price is reduced, the customer is not entitled to any compensation. The customer has accepted the current price at the time of purchase.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence over, with variable prices. This obligation to fluctuate and the fact that the prices stated are target prices are stated in the offer.
Price increases within 3 months after the contract is concluded are only permitted if they are based on legal regulations or provisions.
Price increases from 3 months after the contract is concluded are only permitted if the entrepreneur has agreed to this and if they are based on legal regulations or provisions:
- they are based on legal regulations or provisions; or
- the consumer has the right to terminate the contract from the date the price increase takes effect.
According to Article 5, paragraph 1, of the Value Added Tax Act of 1968, the place of delivery is the country where the transport begins. In the current case, delivery takes place outside the EU. The postal or courier service then charges import VAT or customs duties to the customer. Therefore, the entrepreneur does not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - CONFORMITY AND GUARANTEE
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty from the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or have been handled on the packaging;
- The inadequacy is wholly or partly the result of rules that the government has imposed or will impose regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has notified to the company.
With due observance of the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and to receive compensation.
In the event of cancellation in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement product. Clear and understandable notification that a substitute item will be delivered will be provided no later than at the time of delivery. The right of withdrawal cannot be excluded for substitute goods. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - PERIOD TRANSACTIONS: PERIOD, CANCELLATION, AND EXTENSION
Termination
The consumer may terminate a contract entered into for an indefinite period and extending to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement entered into for a definite period and which includes regular delivery of products (including electricity) or services at any time towards the end of the specified period, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements referred to in the preceding paragraphs at any time and not be limited to termination at a specific time or during a specific period; at least terminate in the same way as they were received by him; always terminate with the same notice period as the entrepreneur has set for himself.
Extension
A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Contrary to the preceding paragraph, an agreement entered into for a definite period and which includes the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with notice of up to one month.
An agreement entered into for a definite period and which includes the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of up to one month, and with a notice period of up to three months if the agreement includes the regular, but less than once a month, delivery of newspapers, news journals, and magazines.
A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and terminates automatically after the trial or introductory period.
Expensive
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness prevent termination before the end of the agreed period.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs notified to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, described fully and clearly.
Complaints addressed 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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that can be resolved.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur expressly states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
ARTICLE 16 - SMS MARKETING
By consenting to Lior and Clé SMS marketing at checkout and when you initiate a purchase or by signing up through our registration tools, you agree to receive recurring SMS messages (for your order, including reminders about abandoned carts), SMS marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you no longer wish to receive SMS marketing messages and notifications, please reply STOP to any mobile message we send you, or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative methods of opting out, such as using other words or requests, are not considered an appropriate method of opting out. We do not charge for the service, but you are responsible for any fees and charges your mobile carrier charges for text messages. Message and data rates may apply.
If you have questions, please text HELP to the number you received the messages from. You can also contact us at (https://www.liorandcle.com/pages/contact) for more information.
We reserve the right to change the phone numbers or short codes we use to deliver the service at any time. In such cases, you will be notified. You agree that messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we are not responsible for fulfilling any requests in such messages.
To the extent permitted by law, you agree that we are not responsible for failed, delayed, or misdirected delivery of information transmitted through the service, for any errors in such information, and/or for actions you take or fail to take based on the information or service.
Your privacy rights are important to us. You can read about how we collect and use your personal information in our privacy policy
Contact information
Company Name: N.M. Commerce
Website Name: Lior & Clé
Chamber of Commerce (KVK): 89402669
VAT Number: NL004723901B64
D-U-N-S Number: 494615488
Phone: +44 7456 624267
Email: info@liorandcle.com
Address: Anjelierenstraat 13 Purmerend 1441HK, The Netherlands
Opening Hours:
Monday - Friday: 08:00 - 18:00
Saturday and Sunday: 10:00 - 16:00
Our average response time is 24 hours.