Shipping policy

DELIVERY CONDITIONS Liever Duurzaam

Definitions

Liever Duurzaam: company established in Soest under Chamber of Commerce number 86534009.
Customer: the person with whom Liever Duurzaam has entered into an agreement.
Parties: Liever Duurzaam and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

These terms and conditions of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Liever Duurzaam.
Parties may only deviate from these terms of delivery if they have expressly agreed in writing.
Parties expressly exclude the applicability of additional and/or deviating general and/or delivery terms and conditions of the customer or third parties.

Consequences of failure to pay on time

If the customer does not pay within the agreed term, Liever Duurzaam is entitled to the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any damages to Liever Duurzaam. li>
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Liever Duurzaam may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Liever Duurzaam are immediately due and payable by the customer.
If the customer refuses to cooperate in the execution of the agreement by Liever Duurzaam, he is still obliged to full agreed price to be paid to Liever Duurzaam.

Right of recovery

As soon as the customer is in default, Liever Duurzaam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Liever Duurzaam invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right applies to Liever Duurzaam, unless the parties make other agreements about this.
The costs for returning or returning the products will be borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted specifically for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a trip, ticket, catering order or form of leisure activity
the product is not a separate magazine or newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal

The reflection period of 14 days as mentioned in paragraph 1 starts:

on the day after the consumer has received the last product or part of 1 order
once the consumer has received the first product with a subscription
once the consumer has purchased a service for the first time
once the consumer has confirmed that he will purchase digital content via the Internet

The consumer can make his appeal to the right of withdrawal known via info@lieverduurzaam.nl, if desired using the withdrawal form available via the website of Liever Duurzaam, www.lieverduurzaam.nl, can be downloaded.
The consumer is obliged to return the product to Liever Duurzaam within 14 days after communicating his right of withdrawal. , failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the entire order to Liever Duurzaam returned, Liever Duurzaam will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and completely returned order.
Delivery costs will only be borne by Liever Duurzaam to the extent that the entire order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

Liever Duurzaam can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Liever Duurzaam, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Liever Duurzaam. li>
Liever Duurzaam is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset any debt owed to Liever Duurzaam with a claim against Liever Duurzaam.

Reservation of title

Liever Duurzaam remains the owner of all delivered products until the customer has fully met all his payment obligations with regard to Liever Duurzaam, including claims for failure to comply with the agreement.
Until then, Liever Duurzaam can at any time invoke its retention of title and take back the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Liever Duurzaam invokes its retention of title, the agreement will be deemed to have been dissolved and Rather Duurzaam the right to claim damages, lost profits and interest.

Delivery

Delivery takes place while stocks last.
Delivery will take place at Liever Duurzaam, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, Liever Duurzaam has the right to terminate its obligations suspend until the agreed part has been paid.
Late payment constitutes a creditor's default, with the result that the customer does not accept a late delivery Liever Duurzaam can object.

Delivery time

The delivery times stated by Liever Duurzaam are indicative and do not entitle the customer to termination or compensation if they are exceeded. unless the parties have expressly agreed otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Liever Duurzaam.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Liever Duurzaam cannot deliver within 14 days after being notified in writing or whether the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is placed in the customer's control.

Transport costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product. , failing which Liever Duurzaam cannot be held liable for any damage.
If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging prior to transport to Liever Duurzaam, failing which Liever Duurzaam cannot be held liable for any damage.

Insurance

The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:

delivered items that are necessary for the execution of the underlying agreement
items from Liever Duurzaam that are present at the customer
goods that have been delivered under retention of title

The customer will provide the policy for these insurances for inspection at the first request of Liever Duurzaam.

Storage

If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Warranty

The warranty relating to products applies exclusively to defects caused by defective manufacturing, construction or materials.
The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly identified.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered , at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
Liever Duurzaam will make every effort to provide the service to the best of its ability and guarantees the agreed agreements in a timely and complete manner to comply with this, in accordance with the law and social custom and with due observance of the care of a good service provider on the basis of Article 7:401 of the Dutch Civil Code.
If Liever Duurzaam foresees at any time that its obligations cannot be fulfilled, cannot be fulfilled on time or cannot be fulfilled properly, Liever Duurzaam must immediately inform the customer of this.

Confidentiality

The customer keeps any information (in whatever form) he receives from Liever Duurzaam confidential.
The same applies to all other information regarding Liever Duurzaam of which the customer knows or can reasonably suspect to be secret or confidential, or where he can expect that its dissemination could cause harm to Liever Duurzaam.
The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
The obligation of confidentiality described in this article does not apply to information:

that was already public before the customer learned this information or that subsequently became public without this being the result of a breach of the customer's confidentiality obligation
which is made public by the customer on the basis of a legal obligation

The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

If the other party violates the article of these terms of delivery regarding confidentiality or intellectual property, it will forfeit an immediately payable fine for each violation for the benefit of trade names.

if the other party is a consumer, this fine is € 1,000
if the other party is a legal entity, this fine is €5,000

In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
No prior notice of default or legal proceedings are required to forfeit this fine. There also does not have to be any form of damage.
Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Liever Duurzaam including his right to claim damages in addition to the fine.

Disclaimer

The customer indemnifies Liever Duurzaam against all claims from third parties relating to the services provided by Liever Duurzaam products and/or services supplied.

Complaints

The customer must examine a product or service provided by Liever Duurzaam as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer should Liever Duurzaam as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Liever Duurzaam within 2 months of discovering the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that Liever Duurzaam is able to respond to this to respond appropriately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case lead to Liever Duurzaam being held may be required to perform work other than that agreed upon.

Notice of default

The customer must notify Liever Duurzaam of any notice of default in writing.
It is the customer's responsibility that a notice of default actually reaches Liever Duurzaam (in a timely manner).

Several liability of customer

If Liever Duurzaam enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Liever Duurzaam under that agreement.

Liability Liever Duurzaam

Liever Duurzaam is only liable for any damage suffered by the customer if and insofar as that damage was caused by intent or deliberate recklessness.
If Liever Duurzaam is liable for any damage, it is only liable for direct damage arising from or related to with the execution of an agreement.
Liever Duurzaam is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Liever Duurzaam is liable, this liability is limited to the amount covered by a closed (professional) liability insurance paid out and in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Liever Duurzaam will in any case lapse 12 months after the event from which the liability arises. arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to cancel

The customer has the right to terminate the agreement if Liever Duurzaam culpably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by Liever Duurzaam is not permanently or temporarily impossible, dissolution can only take place after Liever Duurzaam is in default.
Liever Duurzaam has the right to terminate the agreement with the customer if the customer fulfills his obligations under the agreement does not comply fully or on time, or if Liever Duurzaam has become aware of circumstances that give it good grounds to fear that the customer will not be able to fulfill its obligations properly comply.

Force Majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Liever Duurzaam in the fulfillment of any obligation towards the customer cannot be attributed to Liever Duurzaam in any of the will of Liever Duurzaam independent situation, which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Liever Duurzaam may be required.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Liever Duurzaam cannot fulfill 1 or more obligations to the customer, these will be obligations suspended until Liever Duurzaam can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
Liever Duurzaam is not liable for any (damage) compensation in a force majeure situation, even if this is the result of the situation of force majeure enjoys any advantage.

Change to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of delivery conditions

Liever Duurzaam is entitled to change or supplement these terms of delivery.
Minor changes can be made at any time.
Major substantive changes will be discussed by Liever Duurzaam with the customer in advance as much as possible.
A consumer is entitled to cancel the agreement in the event of a material change to the delivery conditions.

Transfer of rights

Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Liever Duurzaam.
This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these terms and conditions of delivery prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Liever Duurzaam had in mind when drawing up the conditions on that point.

Applicable law and competent court

These terms and conditions of delivery and every agreement between the parties are exclusively governed by Dutch law.
The Dutch court in the district where Liever Duurzaam is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Applicability of delivery conditions

These delivery conditions apply since August 18, 2022.

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