Terms and Conditions
LEKA TRADING B.V.
Chapter 1: General Provisions
1. Definitions
- Offer/Quote
any statement made by Leka Trading B.V. with the intent to enter into an agreement;
Right of Withdrawal
a 14-day period during which the Consumer may cancel the contract without giving any reason;
Evidence Policy
an agreement regarding the presentation of evidence within the meaning of Article 153 of the Code of Civil Procedure and Article 7:900(3) of the Civil Code. Accordingly, evidence may be provided exclusively by means of a written statement specifically intended for that purpose; other written statements and witness statements concerning changes agreed upon orally or through other conduct are excluded as evidence;
Customer
The Consumer, or the natural or legal person(s) to whom Leka Trading B.V. submits a Quote for the delivery of Products and/or with whom Leka Trading B.V. enters into an agreement;
Consumer
a consumer as defined in Article 6:230g, paragraph 1, subparagraph a, of the Dutch Civil Code;
Consumer Agreement
a contract between Leka Trading B.V. and a Consumer;
Product(s)
The Products to be delivered or leased by Leka Trading B.V. to or for the Customer, or those already delivered or leased;
Leka Trading B.V.
Leka Trading B.V., a private limited liability company,
doing business as Leka Trading B.V.;
Agreement
any contractual agreement entered into between Leka Trading B.V. and the Customer, including any amendments or additions thereto, as well as all preparatory and executory (legal) acts related thereto;
Price
The amount the Customer owes Leka Trading B.V. for the delivery of Products, excluding VAT and other government taxes, unless explicitly stated otherwise;
Set forth in writing
In these general terms and conditions, ‘set forth in writing’ also means including communication via email, provided that the identity of the sender and the integrity of the content are sufficiently verified;
Website
The website of Leka Trading B.V. (www.lekatrading.com)
2 Scope of Application
2.1 These general terms and conditions apply to every Quote from Leka Trading B.V. and any Agreement entered into between Leka Trading B.V.and the Customer.
2.2 Any deviations from these general terms and conditions are valid only if and to the extent that they have been expressly agreed upon in writing.
2.3 If one or more of the provisions in these general terms and conditions are invalid or are declared null and void, the remaining provisions of these general terms and conditions shall remain in effect. Leka Trading B.V. The Supplier and the Customer will then consult with each other to agree on new provisions to replace the void or voidable provisions, taking into account, as much as possible, the original purpose and intent of the provisions.
2.4 These general terms and conditions do not apply if and to the extent that the law excludes their application or mandatory law so requires.
3 Conclusion of the Agreement
3.1 An Agreement becomes final at the moment that Leka Trading B.V. confirms the Customer's order in writing.
3.2 Confirmation of Leka Trading B.V. is deemed to accurately and completely reflect the Agreement. However, the Agreement is deemed to accurately and completely reflect the Customer’s request if the discrepancies are not material.
3.3 If the confirmation of Leka Trading B.V. If the order differs from the Customer’s order, the Customer may rescind the Agreement within fourteen (14) days of receiving the confirmation. In the absence of a cancellation, the Agreement shall be deemed to have been concluded with the deviations as set forth in the confirmation of Leka Trading B.V.
3.4 Verbal agreements and commitments made by Leka Trading B.V. become binding only after they have been confirmed in writing.
3.5 Amendments and additions to the Agreement are valid only if and to the extent that they have been agreed upon in writing.
4 Prices
4.1 All by Leka Trading B.V. The prices listed do not include sales tax (VAT) or other government taxes, unless otherwise indicated.
4.2 Prices are based on the cost factors in effect at the time the Agreement is concluded. If one or more of these cost factors change after the Agreement is concluded, then Leka Trading B.V. the right to adjust the Price.
4.3 Leka Trading B.V. shall inform the Customer in a timely manner of any price changes. If the price change involves an increase of more than 10%, the Customer has the right to terminate the Agreement.
5 Delivery
5.1 The Leka Trading B.V. The delivery times provided are approximate and should never be considered firm deadlines.
5.2 Leka Trading B.V. will make every effort to deliver the Products within the agreed timeframe. Should the delivery be delayed, then Leka Trading B.V. Notify the customer of this as soon as possible.
5.3 Exceeding the delivery deadline does not entitle the Buyer to compensation, unless the delay is the direct result of willful misconduct or gross negligence on the part of Leka Trading B.V.
5.4 Leka Trading B.V. is authorized to deliver the Products in installments.
5.5 The risk associated with the Products passes to the Customer upon delivery.
6 Retention of Title
6.1 Leka Trading B.V. retains ownership of all delivered Products until the Customer has fully met its payment obligations.
6.2 The Buyer is not authorized to pledge or otherwise encumber the Products delivered under retention of title.
6.3 If the Customer fails to meet its payment obligations, then Leka Trading B.V. entitled to take back the Products. The Customer is obligated to cooperate in this regard.
7 Payment
7.1 The Customer must pay the invoices from Leka Trading B.V. to be paid within the time limit specified on the invoice.
7.2 In the event of late payment, the Customer shall be deemed to be in default by operation of law and shall owe statutory commercial interest. Leka Trading B.V. In that case, it is also entitled to charge collection fees.
7.3 Payments shall first be applied toward the oldest outstanding debt.
7.4 The Customer is not authorized to set off claims.
8 Warranty
8.1 Leka Trading B.V. guarantees the quality of the Products delivered in accordance with the applicable legal provisions and the Leka Trading B.V. warranties provided.
8.2 The warranty shall be void if the Customer uses, modifies, or repairs the Products improperly without prior consent from Leka Trading B.V.
8.3 The warranty does not cover consequential damages.
9 Complaints
9.1 Complaints regarding the performance of the Agreement must be submitted in writing to Leka Trading B.V. must be submitted within a reasonable period of time after the defect is discovered.
9.2 Leka Trading B.V. will handle complaints as soon as possible.
9.3 If a complaint is justified, then Leka Trading B.V. reperform the Agreement or pay appropriate compensation.
10 Liability
10.1 Leka Trading B.V. is liable only for damages that are a direct result of an attributable breach in the performance of the Agreement.
10.2 The liability of Leka Trading B.V. is limited to the price of the Products, or to the amount covered by the insurance of Leka Trading B.V. pays out in a specific case.
10.3 Leka Trading B.V. is not liable for indirect damages, such as consequential damages, lost profits, lost savings, and damages resulting from business interruption.
10.4 The Customer shall indemnify Leka Trading B.V. for all claims by third parties arising from the performance of the Agreement.
11 Force Majeure
11.1 In the event of force majeure, Leka Trading B.V. failed to fulfill its obligations.
11.2 “Force majeure” means a failure to perform that is not attributable to a party, including, but not limited to, strikes, fire, natural disasters, government intervention, disruptions in the supply of energy, water, and telecommunications, and equipment failure.
11.3 If the force majeure situation continues for more than ninety (90) days, both parties are entitled to terminate the Agreement.
12 Governing Law and Jurisdiction
12.1 All Agreements are governed exclusively by Dutch law.
12.2 Any disputes arising out of or in connection with an Agreement shall be submitted to the competent court in the jurisdiction where Leka Trading B.V. is located.
Chapter 2: Additional Provisions for Consumer Contracts
13 Right of Withdrawal
13.1 The Consumer has the right to cancel the Consumer Agreement within a 14-day withdrawal period without providing a reason.
13.2 The withdrawal period begins on the day after the Consumer or a third party designated in advance by the Consumer—other than the carrier—has received the Product.
13.3 During the Cancellation Period, the Consumer shall handle the Product and its packaging with care. The Consumer shall unpack or use the Product only to the extent necessary to determine the nature, characteristics, and functioning of the Product. The guiding principle here is that the Consumer may only handle and inspect the Product as he would be permitted to do in a physical store.
13.4 To exercise their right of withdrawal, the Consumer must notify Leka Trading B.V. of this using the attached model form or by another unambiguous method.
13.5 The Consumer must return the Products as soon as possible, no later than fourteen (14) days after the day following the date on which the Model Form was signed and sent, to Leka Trading B.V. The Products must be returned with all included accessories and, as much as possible, in their original condition and packaging.
13.6 The costs of returning the Products are the responsibility of the Consumer.
13.7 Leka Trading B.V. will refund the Price paid by the Consumer, including any shipping costs, as soon as possible, but no later than fourteen (14) days after receipt of the Product.
14 Exceptions to the Right of Withdrawal
14.1 The right of withdrawal does not apply to the following Products:
- Products that can spoil or become stale quickly;
- Products that, for health or hygiene reasons, are not suitable for return and whose seal has been broken after delivery;
- Products that, by their very nature, are irrevocably mixed with other goods after delivery;
- Audio and video recordings and computer software whose seals have been broken after delivery;
- Newspapers, periodicals, or magazines, excluding subscriptions to these;
- Products manufactured in accordance with the Consumer's specific instructions;
- Products that clearly have a personal touch;
- Products that, by their nature, cannot be returned.
15 Compliance
15.1 Leka Trading B.V. guarantees that the Products comply with the Agreement, the specifications set forth in the offer, reasonable standards of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the Agreement was entered into.
15.2 Any lack of conformity must be reported in writing to Leka Trading B.V. to be reported.
15.3 If a lack of conformity is justified, then Leka Trading B.V. repair or replace the Product free of charge.
16 Dispute Resolution
16.1 All Consumer Agreements are governed exclusively by Dutch law.
16.2 Disputes between the Consumer and Leka Trading B.V. Disputes concerning the formation or performance of consumer contracts may be submitted to the Dispute Resolution Committee.
16.3 The Dispute Resolution Committee will only consider a dispute if the Consumer first submits his complaint to Leka Trading B.V. has submitted.
16.4 Leka Trading B.V. is not required to participate in a dispute resolution proceeding.
Terms and Conditions of Leka Trading B.V.
Appendix I: Sample Withdrawal Form
General
The Consumer must return the Products as soon as possible, no later than fourteen (14) days after the day following the date on which the Model Form was signed and sent, to Leka Trading B.V. The Products must be returned with all accompanying accessories, in their original condition and packaging as much as possible.
Sample Form
This form must be completed and returned if you wish to cancel the Agreement.
The form can be mailed to the address below or scanned and emailed to the email address below.
To: Leka Trading B.V.
Aangelag 16
5531 XL Bladel
info@lekatrading.com
I/We* hereby notify you that I/we* are terminating our Agreement regarding, if applicable, the sale of the following Products with invoice number: