General delivery conditions B2B Webshop

Introduction

Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read this carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

  • Less2Care BV: established in Raalte and registered with the Chamber of Commerce under registration number 70550190, trading under Less2Care BV.
  • Website: the website of Less2Care BV, which can be consulted via less2care.com and all associated subdomains.
  • Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Less2Care BV and/or has registered on the Website.
  • Agreement: any agreement between Less2Care BV and the Customer, of which agreement the General Terms and Conditions form an integral part.
  • General Conditions: the present General Conditions.

Applicability General Conditions

  • The General Terms and Conditions apply to all offers, agreements, and deliveries of Less2Care BV, unless expressly agreed otherwise in writing.
  • If the Client includes provisions or conditions in its order, confirmation, or notification containing acceptance that deviates from or does 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 conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.

Prices and information

  • All prices stated on the Website and in other materials originating from Less2Care BV include VAT and unless stated otherwise on the Website, other levies imposed by the government.
  • If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
  • The content of the Website has been compiled with the greatest care. Less2Care BV cannot, however, 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 are therefore subject to obvious programming and typing errors.
  • Less2Care BV cannot be held responsible for (color) deviations as a result of screen quality.

Conclusion of Agreement

  • The Agreement is concluded at the moment of acceptance by the Customer of the offer of Less2Care BV and compliance with the conditions set by Less2Care BV.
  • If the Customer has accepted the offer electronically, Less2Care BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
  • If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, Less2Care BV has the right to fulfill its obligation only after the correct information has been received.
  • Less2Care BV can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Less2Care BV has good reasons not to enter into the Agreement on the basis of this investigation, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.

Registration

  • In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
  • During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
  • The customer must keep his login details, username, and password strictly confidential. Less2Care BV is not liable for misuse of the login details and can always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Customer’s account is the responsibility and risk of the Customer.
  • If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Less2Care BV, so that Less2Care BV can take appropriate measures.

Execution Agreement

  • As soon as the order has been received by Less2Care BV, Less2Care BV will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
  • Less2Care BV is entitled to engage third parties in the performance of the obligations arising from the Agreement.
  • On the Website, it is clearly described, in good time before the conclusion of the Agreement, how the delivery will take place and within what period the products will be delivered. If no delivery period has been agreed upon or stated, products will in any case be delivered within 30 days.
  • If Less2Care BV cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he is given the option to dissolve the Agreement free of charge.
  • Less2Care BV advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity in more detail.
  • As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
  • Less2Care BV is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. The customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.

Right of withdrawal

  • This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
  • The customer has the right to dissolve the Agreement concluded at a distance with Less2Care BV within 30 days after receipt of the product, without stating reasons, free of charge.
  • The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
  • If the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last 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, has 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 Customer, or a third party designated by him, has 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 packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics, and functioning products. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
    • The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
    • The Customer can dissolve the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Less2Care BV, or by making it known to Less2Care BV in another unambiguous way that he is waiving the purchase. Less2Care BV confirms receipt of that report in the event of a digital report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the reflection period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statements for withdrawal is enclosed.

      Products can be returned to

      Less2Care BV
      Overkampsweg 25
      8102 PH, Raalte, The Netherlands

  • Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but no later than 14 days after the dissolution of the Agreement, in the same way, that Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Less2Care BV does not have to reimburse the additional costs for the more expensive method. Unless Less2Care BV offers to collect the product itself, Less2Care BV may withhold payment until Less2Care BV has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
  • Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.

Return right

  • The previous article on the right of withdrawal applies mutatis mutandis to business orders, except that:
  • Business Customer must dissolve the Agreement with Less2Care BV within 7 days after receipt of the product.
  • Business Customer will only receive the purchase amount back after receipt of the return by Less2Care BV. The customer is responsible for the return and for the costs of the return.
  • Business Customer must return any unused product to Less2Care BV in undamaged packaging. If the Business Customer does not comply with this, Less2Care BV is entitled to refuse a return or to charge repair costs or damage for this.
  • Amounts already paid (in advance) by the Business Customer will be refunded as soon as possible, but at the latest within 30 days after the dissolution of the Agreement and receipt of the returns by Less2Care BV.

Payment

  • The customer must make payments to Less2Care BV in accordance with the payment methods indicated in the order procedure and possibly on the Website. Less2Care BV is free in its choice of payment methods and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
  • If the Customer does not meet his payment obligation(s) in time after he has been informed by Less2Care BV of the late payment and Less2Care BV has granted the Customer a period of 14 days to still meet his payment obligations, after if payment is not made within this 14-day term, the statutory interest will be owed on the amount still owed and Less2Care BV is entitled to charge the extrajudicial collection costs incurred by it. This collection costs amount to a maximum of 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. Less2Care BV may deviate from the stated amounts and percentages in favor of the Client.

Warranty and Conformity

  • This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Less2Care BV provides a separate guarantee on the products, this applies to all types of Customers, without prejudice to the just stated.
  • Less2Care BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Less2Care BV also guarantees that the product is suitable for other than normal use.
  • If the delivered product does not comply with the Agreement, the Customer must inform Less2Care BV within a reasonable period of time after discovering the defect.
  • If Less2Care BV considers the complaint to be well-founded, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.

Warranty for business purchases

  • Less2Care BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Less2Care BV also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
  • If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Less2Care BV of this within 14 days of delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.
  • If Less2Care BV considers the complaint to be well-founded, the relevant products will be repaired, replaced, or (partially) reimbursed after consultation with the Customer.

Complaints procedure

  • If the Customer has a complaint about a product (in accordance with the Article regarding warranty and conformity) and/or about other aspects of Less2Care BV’s services, he can submit a complaint to Less2Care BV by telephone, email, or post. See the contact details at the bottom of the Terms and Conditions.
  • Less2Care BV will provide the Customer with a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, Less2Care BV will confirm the complaint within 5 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or final response to the complaint. complaint from Customer.
  • Customer who is not acting in the exercise of their profession or business can also file a complaint via the European Dispute Resolution Platform, which can be reached at http://ec.europa.eu/odr/.

Liability

  • This article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
  • The total liability of Less2Care BV towards the Customer due to an attributable failure to comply with the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
  • Less2Care BV’s liability towards the Customer for indirect damage, including in any case – but expressly not limited to – consequential damage, loss of profit, lost savings, loss of data, and damage due to business interruption, is excluded.
  • Apart from the cases mentioned in the previous two paragraphs of this Article, Less2Care BV has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this article will lapse if and insofar as the damage is the result of intent or gross negligence on the part of Less2Care BV.
  • Less2Care BV’s liability towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives Less2Care BV immediate and proper written notice of default, thereby setting a reasonable term to remedy the shortcoming, and Less2Care BV also after that term in the fulfillment continues to fall short of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming so that Less2Care BV is able to respond adequately.
  • A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to Less2Care BV as soon as possible, but at the latest within 30 days after it has arisen.
  • In the event of force majeure, Less2Care BV is not obliged to pay compensation for any damage caused to the Client as a result.

Retention of Business Purchases

  • All delivered goods remain the property of Less2Care BV until all claims that Less2Care BV has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
  • Prior to the transfer of ownership referred to, the Business Customer is not authorized to sell, deliver or otherwise dispose of these items, other than in accordance with its normal business and the normal destination of the items. In addition, the Business Customer is not permitted to pledge these items or to grant third parties any other right thereto as long as the ownership of these items has not passed to the Business Customer.
  • Business Customer is obliged to keep the goods delivered under retention of title carefully and as recognizable property of Less2Care BV.
  • Less2Care BV is entitled to take back the goods that have been delivered under retention of title and are still present at the buyer if the Business Customer does not ensure timely payment of the invoices or is or is in danger of having payment difficulties.
  • Business Customer will at all times grant Less2Care BV free access to its goods for inspection and/or to exercise the rights of Less2Care BV.

Personal data

  • Less2Care BV processes the Customer’s personal data in accordance with the privacy statement published on the Website.

Final Provisions

  • Dutch law applies to this Agreement.
  • Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Less2Care BV is located.
  • If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
  • In these General Terms and Conditions, “in writing” also includes 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 you have any questions, complaints, or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.

Less2Care BV
Overkampsweg 25
8102 PH, Raalte, The Netherlands

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

Chamber of Commerce number 70550190
VAT number NL858370852B01

Overkampsweg 25
8102 PH | Raalte Hotels
The Netherlands
+31 (0)20 820 36 80
info@less2care.com

Chamber of Commerce 70550190
VAT NR NL858370852B01

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