General terms and conditions

Introduction

Below you will find our General Terms and Conditions. These are always applicable when you use or place an order through our Website. The General Terms and Conditions contain important information for you as a purchaser. You should therefore read through them carefully. Furthermore, we recommend you to save or print these terms and conditions for future reference.

Definitions

Less2Care BV: with registered office in Raalte and registered with the Chamber of Commerce under registration number 70550190 trading under the name Less2Care BV.
Website: the website of Less2Care BV, which can be accessed via less2care.com and any associated subdomains.
Customer: the customer that, whether or not acting in the course of a profession or business, enters into a Contract with Less2Care BV and/or has registered on the Website.
Contract: any arrangement or agreement between Less2Care BV and Customer, for which contract the General Terms and Conditions form an integral part.
General terms and conditions: these General Terms and Conditions.

Applicability of the general terms and conditions

Unless expressly agreed otherwise in writing, the General Terms and Conditions apply to all offers, Contracts and deliveries of Less2Care BV.
If, in its order, confirmation or communication containing acceptance, the Customer includes provisions or terms and conditions that deviate from or do not appear in the General Terms and Conditions, these are only binding on Less2Care BV if and insofar as Less2Care BV has expressly accepted them in writing.
In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but should there be conflicting conditions, the Customer may always rely on the applicable provision that is most favourable to him.

Prices and information

All prices stated on the Website and in other materials originating from Less2Care BV include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
If shipping costs are charged, this will be stated clearly and in good time before conclusion of the Contract. In addition, these costs will be displayed separately during the ordering process.
We take great care when putting together the content of the Website. Nevertheless, Less2Care BV cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Less2Care BV may therefore be subject to apparent programming and typing errors.
Less2Care BV cannot be held responsible for colour or other deviations due to image quality.

Formation of contract

The Contract is formed when the Customer accepts Less2Care BV's offer and fulfils the contractual conditions set by Less2Care BV.
If Customer has accepted the offer electronically, Less2Care BV will confirm receipt of acceptance of the offer electronically without delay. Until such time as receipt of this acceptance has been confirmed, the Customer has the option to cancel the Contract.
If it appears that the Customer provided incorrect information when accepting or otherwise entering into the Contract, Less2Care BV is entitled to fulfil its obligation only after the correct information has been received.
Within the bounds of the law, Less2Care BV may inquire whether the Customer can fulfil its payment obligations, as well as inquiring about all facts and factors of interest for a responsible formation of the Contract. If, on the basis of this investigation, Less2Care BV has good grounds for not entering into the Contract, it is entitled to decline an order or request, giving reasons, or to attach special conditions, such as advance payment, to its performance.

Registration

For optimal use of the Website, the Customer can register via the registration form / account sign-up option on the Website.
During the registration process, the Customer chooses a username and password with which to log on to the Website following registration. The Customer is personally responsible for choosing a sufficiently secure password.
The Customer must keep the login details, username and password strictly confidential. Less2Care BV is not liable for misuse of login details and may always assume that a Customer logging on to the Website is in fact that Customer. Everything that occurs via the Customer's account falls under the Customer's responsibility and risk.
If the Customer knows or suspects that its login details have been acquired by unauthorized persons, it should change its password as soon as possible and/or notify Less2Care BV so that Less2Care BV can take appropriate measures.

Performance of contract

As soon as Less2Care has received the order, Less2Care BV will send the products as soon as possible, subject to the provisions in paragraph 3 of this Article.
Less2Care BV is entitled to engage third parties in the performance of the obligations arising from the Contract.
The manner in which delivery will take place and the period within which the products will be delivered will be clearly described on the Website, in good time before the formation of the Contract. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
If Less2Care BV is not able to deliver the products within the agreed term, it will notify the Customer. In this case, the Customer can agree to a new delivery date or avail itself of the option to cancel the Contract free of charge.
Less2Care BV recommends that the Customer should inspect the products delivered and report any apparent defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity for further information.
As soon as the products to be supplied have been delivered to the specified delivery address, the risk associated with these products passes to the Customer. If expressly agreed otherwise, the risk will pass to the Customer beforehand. If the Customer decides to collect the products, the risk passes upon transfer of the products.
If the product ordered is no longer available, Less2Care BV is entitled to supply a similar product of similar quality to the product ordered. The Customer is then entitled to cancel the Contract free of charge and return the product free of charge.

Right of withdrawal

This article only applies to the Customer being a natural person not acting in the exercise of his profession or business.
The Customer has the right to cancel the distance Contract concluded with Less2Care BV free of charge within 30 days of receiving the product, without giving reasons.
The period starts on the day after the Customer, or a third party designated by him beforehand, that is not the carrier, has received the product, or:
If the Customer ordered several products within the same order: the day on which the Customer, or a third party designated by him, received the final product;
If the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the final shipment or part;
For contracts for the regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, received the first product.
- The Customer must bear the return costs himself; if these costs are higher than the regular postal rate, Less2Care BV will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
- Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and its packaging with due care. The Customer will only open the packaging and use the product insofar as necessary to check the nature, characteristics and functioning of products. The guiding principle here is that this inspection may not go beyond what the Customer could do in a physical shop.
- The Customer is only liable for a reduction in value of the product that results from handling the product in a way that goes beyond that permitted in the previous paragraph.
- The Customer may cancel the Contract in accordance with the term stated in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Less2Care BV, or by otherwise notifying Less2Care BV unambiguously that it has decided not to proceed with the purchase. Receipt of a digital message will be acknowledged as such by Less2Care BV. After cancellation, the Customer still has 14 days in which to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided the model withdrawal form or alternative unambiguous statement of withdrawal is enclosed.
  Products can be returned to
  Less2Care BV
  Overkampsweg 25
  8102 PH, Raalte, The Netherlands
Amounts already paid by the Customer (in advance) will be refunded to Customer as quickly as possible, but at the latest within 14 days after cancellation of the Contract, using the same payment method the Customer used when paying for the order. If the Customer chose a more expensive method of delivery than the cheapest standard delivery, Less2Care BV is not obliged to refund the additional costs of the more expensive method. Unless Less2Care BV offers to collect the product itself, Less2Care BV may defer reimbursement until Less2Care BV has received the product or until the Customer demonstrates that it has returned the product, whichever comes first.
Prior to the formation of the contract, information as to whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in good time.

Commercial right of return

The previous article on the right of withdrawal applies mutatis mutandis to business orders, except that:
The Business Customer has the right to cancel the Contract with Less2Care BV within 7 days of receiving the product.
Upon receipt of the return by Less2Care BV, the Business Customer will only be refunded the purchase price. The Business Customer is itself responsible for the return and for the costs of the return.
The Business Customer must return to Less2Care BV an unused product in undamaged packaging. If the Business Customer fails to comply with this, Less2Care BV is entitled to refuse a return, or charge for repair costs or damage.
Amounts already paid by the Business Customer (in advance) will be refunded as quickly as possible, but at the latest within 30 days after cancellation of the Contract and receipt of the returns by Less2Care BV.

Payment

The Customer must make payments to Less2Care BV in accordance with the payment methods specified in the ordering procedure and, if applicable, on the Website. The choice of payment methods offered is at Less2Care BV's discretion and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days commencing the day after delivery.
If the Customer does not meet its payment obligation(s) on time, after Less2Care BV has notified the Customer of the late payment and Less2Care BV has granted the Customer a period of 14 days within which to as yet meet its payment obligations, then after failing to pay within this 14-day period, the Customer will owe statutory interest on the amount still owed and Less2Care BV will be entitled to charge the extrajudicial collection costs it incurs. These costs of collection will at maximum amount to: 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. For the Customer's benefit, Less2Care BV may deviate from the stated amounts and percentages.

Warranty and conformity

This article only applies to the Customer being a natural person not acting in the exercise of his profession or business. Without prejudice to the preceding statement, If a separate guarantee is given by Less2Care BV on the products then this applies to all types of Customers.
Less2Care BV warrants that the products comply with the Contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations as at the date of the formation of the Contract. If specifically agreed, Less2Care BV also warrants that the product is suitable for other than normal use.
If the delivered product does not comply with the Contract, the Customer must notify Less2Care BV within a reasonable term following discovery of the defect.
If Less2Care BV deems the complaint to be justified, the relevant products will be repaired, replaced or refunded after consultation with the Customer. With due observance of the Article relating to liability, the maximum compensation is equal to the price paid by the Customer for the product.

Warranty for commercial purchases

Less2Care BV warrants that the products comply with the Contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations as at the date of the formation of the Contract. If specifically agreed, Less2Care BV also warrants that the product is suitable for other than normal use. Otherwise, it is the case that the product is suitable for normal use.
If, on delivery, the delivered product does not comply with the Contract, the Customer must notify Less2Care BV within 14 days of supply. If the Customer fails to do so, he can no longer claim repair, replacement etc, if the delivered product is defective.
If Less2Care BV deems the complaint to be justified, the relevant products will be repaired, replaced or refunded (in part) after consultation with the Customer.

Complaints procedure

If the Customer has a complaint about a product (in accordance with Article on warranty and conformity) and/or about other aspects of Less2Care BV's service, he can submit a complaint to Less2Care BV by telephone, email or post. See the contact details at the bottom of the General Terms and Conditions.
After receipt of the complaint, Less2Care BV will respond to the Customer's complaint as soon as possible, but in any case within 5 days. If it is still not possible to provide a substantive or definitive response, Less2Care BV will confirm the complaint within 5 days of its receipt and provide an indication of the term within which it expects to provide a substantive or definitive response to the Customer's complaint.
Customers not acting in the exercise of their profession or business can also submit a complaint via the European Dispute Resolution Platform which can be contracted via ec.europa.eu/odr.

Liability

This article only applies if the Customer is a natural person acting in the exercise of his profession or business.
Less2Care BV's total liability to the Customer for attributably failing to fulfil the Contract is limited to compensation of a maximum of the amount of the price stipulated for that Contract (including VAT).
Less2Care BV's liability to the Customer for indirect damage, including in any case - but explicitly not limited to - consequential damage, lost profits, missed savings, loss of data and damage due to business interruption is excluded.
Outside of the instances mentioned in the previous two paragraphs of this Article, Less2Care BV has no liability to the Customer for compensation, irrespective of the ground on which an action for compensation might be based. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Less2Care BV.
Less2Care BV's liability towards the Customer for attributable failure to fulfil a Contract only arises if the Customer gives Less2Care BV prompt and proper notice of default in writing, setting a reasonable term in which to remedy the failure, and Less2Care BV even thereafter continues to fail to fulfil its obligations. The notice of default must contain as detailed a description of the failure as possible so that Less2Care BV is able to respond appropriately.
Any right to compensation will always be conditional upon the damage being reported in writing to Less2Care BV as soon as possible after its occurrence, but no later than within 30 days.
In case of force majeure, Less2Care BV is not obliged to compensate any damage caused to the Customer thereby.

Retention of title for commercial purchases

All goods delivered remain the property of Less2Care BV until all claims that Less2Care BV has on the Business Customer (including any related collection or other costs and interest) have been paid in full.
Prior to the transfer of ownership referred to, the Business Customer is not authorised to sell, supply or otherwise dispose of these items other than in accordance with its normal business and the normal use of the items. In addition, the Business Customer is not allowed to pledge these items or grant any other right on these items to third parties while the ownership of these items has not transferred to the Business Customer.
The Business Customer is obliged to store goods delivered under retention of title with due care and recognisably identified as the property of Less2Care BV.
Less2Care BV is entitled to take back goods delivered under retention of title and still in the possession of the purchaser, if the Business Customer does not ensure punctual payment of invoices or has or threatens to have payment difficulties.
The Business Customer will grant Less2Care BV free access to inspect its goods at all times and/or for exercising Less2Care BV's rights.

Personal data

Less2Care BV processes Customers' personal data in accordance with the privacy statement published on the Website.

Final provisions

The Contract is governed by Dutch law.
Insofar as not otherwise prescribed by rules of mandatory law, all disputes that may arise in connection with the Contract will be submitted to the competent Dutch court in the district where Less2Care BV has its registered office.
If any provision in these General Terms and Conditions is found to be void, it will not affect the validity of the General Terms and Conditions as a whole. In this case, the parties will adopt one or more new provisions as replacements which will, as far as legally possible, give effect to the intention of the original provision.
In these General Terms and Conditions, "in writing" also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If, after reading these General Terms and Conditions, you have any questions, complaints or comments , please do not hesitate to contact us in writing or by e-mail.

Less2Care BV
Overkampsweg 25
8102 PH, Raalte, The Netherlands

Telephone +31 (0) 20 820 36 80
Email info@less2care.com

KvK-nummer 70550190
Btw-nummer NL858370852B01