LOQAL

Terms & Conditions

General Terms and Conditions LOQAL

 

 – These terms are applicable between LOQAL and the buyer of LOQAL products-

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement : an agreement whereby the consumer acquires or rents products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party agreement between that third party and the entrepreneur;
  2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
  3. Consumer : the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day : calendar day;
  5. Digital content : data that is produced and delivered in digital form;
  6. Duration agreement : an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable medium : any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur : the natural or legal person who offers products, (access to) digital content and / or services to consumers or offers them for rent at a distance ;
  10. Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. one or more techniques for distance communication;
  11. Model form for withdrawal : the European model form for withdrawal included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order.
  12. Technology for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;

Article 2 – Identity of the entrepreneur

LOQAL bv
trading under the name (s): LOQAL

Business & visiting address:
Boksdoornerf
5038KB Tilburg

Email: info@loqal.store

Chamber of Commerce number: 75334321 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content 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, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader 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 can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
    2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about guarantees and existing after-sales service , if applicable ;
    4. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    6. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection 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:
    1. 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.
    2. 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;
    3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 30 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and the 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for the depreciation of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the depreciation 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 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer will in any case have complied with the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
  6. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    1. prior to delivery, he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;
    2. he has not acknowledged losing his right of withdrawal when giving his consent; or
    3. the entrepreneur has failed to confirm this statement from the consumer.
  7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Service contracts, after full performance of the service, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  3. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
  4. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
  5. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  6. Products that spoil quickly or have a limited shelf life;
  7. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  8. Products that by their nature are irrevocably mixed with other products after delivery;
  9. Alcoholic drinks of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
  10. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 – Fulfillment of the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way as they entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Elongation:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
  3. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Expensive:

  1. 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) concerned before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation.

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendments to the general terms and conditions

  1. LOQAL reserves the right to change these conditions from time to time.
  2. The latest version will always be available on the website.

Annex I – Model withdrawal form

Model withdrawal form (only complete and return this form if you wish to withdraw from the contract)

TO:

Puzzles Technology Management.

 

Boksdoornerf, 5038KB Tilburg

 

E-mail: info@loqal.store

I / We * share / share * hereby inform you that I / we * regarding our agreement

  • the sale of the following products: [produc description] *

 

  • the supply of the following digital content: [indication of digital content] *

 

  • the letting of the following let: [indication leased] *

 

  • the provision of the following service: [specification of service] *,

 

revoked / revoked *.

Ordered on * / received on * [date of order for services or receipt for products]

[Name of consumer (s)]

[Address of consumer (s)]

[Signature of consumer (s)] (only if this form is submitted on paper)

 

* Delete what does not apply or fill in what applies.

 

 

Terms and conditions from other sellers
 

Article 1 – Definitions

  1. Environment : LOQAL and any other application designated by LOQAL .
  2. Platform : the environment in which products are offered to Users by third parties.
  3. User : every visitor to the Environment.
  4. Other Seller (s) : a third party, being a legal or natural person who offers products to Users via the Platform.
  5. Customer : a User of the Environment who proceeds to purchase a product via the Platform.
  6. Purchase Agreement : the agreement concluded between the Other Seller and a Customer due to the Customer’s purchase of a product from the Other Seller via the Platform.

Article 2 – Applicability

  1. These terms and conditions apply to the order and purchase of products , services or rental from or from Other Sellers via the Platform (hereinafter: Buying Terms from Other Sellers ). These conditions can also be consulted in the LOQAL environment, see ao (www.loqal.store)
  2. Any Customer who places an order for a product offered by another Seller within the Environment accepts the applicability of these Terms and Conditions for purchasing from other sellers .
  3. It is only possible to deviate from the provisions of these Terms and Conditions for purchasing from other sellers in writing, in which case the other provisions remain in full force.
  4. These Buying From Other Sellers Terms apply to both buyers who qualify as consumers and buyers who qualify as business buyers.
  5. All rights and claims, as stipulated in these Terms and Conditions for purchasing from other sellers and in any further agreements for the benefit of LOQAL , are also stipulated for the benefit of intermediaries and other third parties engaged by LOQAL , expressly including the Other Seller (s)). .
  6. LOQAL has the right to change these Conditions for purchasing from other sellers from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by another Seller, he thereby accepts the applicability of the amended Conditions for purchasing from other sellers . It is therefore advisable to consult these Purchasing Terms from other sellers before placing an order for a product from another Seller.

Article 3 – Customer account

  1. The Customer must at least meet the following requirements:
    1. the Customer must have a customer account with LOQAL ;
    2. the Customer is at least 18 years old;
    3. the Customer can be reached by e-mail.
  2. LOQAL is at all times entitled not to process certain orders for articles from Other Sellers or to attach conditions to them.
  3. The Customer is responsible for the use made of his username and password. LOQAL therefore advises the Customer to use a unique password and to keep this password carefully secret.
  4. The Customer is not entitled to let others use his account.
  5. Customer declares to act in accordance with the Terms of Purchase from Other Sellers and all applicable laws and regulations.
  6. The Customer is responsible for the correctness of the information in its own account.

Article 4 – Offer of third parties

  1. The Customer acknowledges that the purchase agreement is concluded between the Customer and the Other Seller (the third party that offers the product (s ) for sale through the Environment ) and that LOQAL is not and / or will not be a party to this agreement.
  2. In case of questions and / or complaints about the products purchased by the Customer from Other Sellers, the Customer must at all times contact the relevant Other Seller directly. The buyer acknowledges that in these cases he / she cannot rely on LOQAL and LOQAL is in no way liable, including but not limited to any defectiveness of the purchased product.

Article 5 – Order and delivery

  1. A Customer can place an order with LOQAL for a product offered by another Seller through the normal ordering process .
  2. The ownership of the delivered items is only transferred if the Customer has paid all that the buyer owes the Other Seller in respect of the order in question.

Article 6 – Compensation and payment

  1. If the Customer buys a second-hand product from another Seller, the Customer owes a service fee of € 1.99 for the use by the Customer of the Platform on which the Purchase Agreement is concluded, which amount by LOQAL in addition to the purchase price to the Customer. is charged, and as such forms part of the invoice, and benefits LOQAL .
  2. The Customer owes LOQAL the purchase price of the product purchased via the Platform from the Other Seller and is not discharged of its payment obligation by direct payment to the Other Seller. Payment by the Customer can only be made to LOQAL .
  3. If the Customer does not fulfill his payment obligation (s) on time, after having been notified by LOQAL of the late payment and LOQAL has granted the Customer a period of 14 days to still fulfill his payment obligations, after failure to do so payment within this 14-day period, a default interest and / or administration costs are due on the amount still due, as well as the collection costs, without prejudice to LOQAL ‘s authority to claim the extrajudicial collection costs actually incurred.
  4. The Client is allowed to redeem LOQAL gift vouchers and / or discount codes when purchasing products from Other Sellers.
  5. Other Seller has irrevocably granted LOQAL the right to exercise , in the name of LOQAL and with the exclusion of the Other Seller, the collection rights arising from the purchase agreement between the Customer and the Other Seller.
  6. LOQAL will handle claims against the Customer in accordance with its normal collection policy.

Article 7 – Provisions only apply when purchasing from Other Seller (s) being a legal entity

  1. If a Customer purchases a product via the Platform from another Seller, which is a legal entity (so-called business seller), then:
    • requires the Customer the GTC business sales through LOQAL of the relevant Other Seller (s) of which he is one or more products through the platform decreases, read and accept;
    • Will an order for a product subsequently be processed in accordance with the provisions of the General Terms and Conditions of Sale of business sales through LOQAL of the relevant Other Seller;
    • Is the Customer entitled to return an order within the term set by the Other Seller in its General Terms and Conditions of Sale of Business Sales via LOQAL (‘right of withdrawal’), with due observance of the provisions of article 8.2 of these General Terms and Conditions, under the conditions such as these business sales through LOQAL from Another Seller are included in the relevant General Terms and Conditions of Sale .
  2. To facilitate the handling of a return shipment, the customer will inform LOQAL of the return shipment prior to the return shipment . The Customer makes an effort to return the article to the relevant Other Seller within 24 hours after the Customer has reported the return shipment to LOQAL .
  3. If the Customer has already paid an amount, LOQAL will refund this amount as soon as possible, but no later than 14 days after the withdrawal. Unless the Other Seller offers to collect the product itself, LOQAL may wait with paying back until the Other Seller has received the product or until the Customer has demonstrated that he has returned the product, whichever is the earlier.
  4. If another Seller, being a legal entity, has not yet accepted an order three (3) days after the final delivery date, LOQAL will notify the Customer that his order has not been accepted and any payment already received by LOQAL in this respect will be returned.

Article 8 – Provisions only applicable when purchasing from Other Seller (s) being a natural person

  1. If a Customer purchases a product via the Platform from another Seller who is a natural person (so-called private seller), the Customer has the right to return this order within 14 (fourteen) days (‘right of withdrawal’). To facilitate the handling of a return shipment, the customer will inform LOQAL , prior to the return shipment and within 14 (fourteen) days, of the return shipment by using the return button next to the item in his order status. The Customer makes an effort to return the article to the relevant Other Seller within 24 hours after the Customer has reported the return shipment to LOQAL .
  2. During this period of 14 (fourteen) days, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the Other seller.
    If the Customer has made use of his right of withdrawal in the prescribed manner, the costs of return shall not exceed the cost of the return.
    If the Customer has already paid an amount, LOQAL will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
  3. If another Seller, being a natural person, does not accept an order within six (6) working days, LOQAL will inform the Customer within eight (8) working days after the Client has placed the order that his order has not been accepted and that LOQAL has return payment already received

Article 9 – Information and use of data

  1. The Client will carefully monitor his e-mail so that the Client can take note of information sent to the Client by LOQAL and / or the Other Seller in good time.
  2. LOQAL is not liable for the late or unclear transmission of information or for obvious clerical errors , regardless of from whom the information originates or to whom this information is provided.
  3. The Customer declares that he is aware of and agrees that his name and address details, e-mail address and telephone number are provided to the Other Seller insofar as they are necessary to execute the Purchase Agreement / order or if the Customer has permission for this. given. Other Seller is only entitled to use the Customer’s data insofar as this is necessary in the context of the handling and execution of the Purchase Agreement / order or when the Customer has given permission for the use of the data.
  4. Customer acknowledges that an evaluation system is part of the sales process. The Customer will be invited to this by e-mail. Client declares that if he participates in the evaluation system, he will do so in good faith. The Customer is sure that all information provided by him is correct and not misleading. The Client will refrain from providing and / or mentioning insulting, threatening and / or defamatory information. LOQAL is at all times entitled not to include a review on the site or to remove it if the Other Seller demonstrates that a review is contrary to law or regulations, public order and / or morality, only a product review concerns or is not about the correct Other Seller, contains personal data (s) or a URL or is fraudulent.

Article 10 – E-mail communication between the Customer and the Other Seller

  1. LOQAL has built an e-mail application for the communication between the Customer and the Other Seller (including the after sales obligations of the Other Seller) , which makes it possible for both the Customer and the Other Seller to interact with each other through their respective accounts. This does not affect the right of the Customer to contact the Other Seller by telephone.
  2. All communication through this e-mail application is stored by LOQAL on its servers and can be viewed and used by LOQAL to:
    • support the Customer and / or the Other Seller in case of questions and / or problems;
    • to assess whether the Other Seller meets its requirements; and
    • analyze process improvements .
  3. The Customer consents to each use of the e-mail application and gives LOQAL permission to store, view and use the communication in accordance with the provisions of paragraph 2 of this article.
  4. The communication that takes place via this e-mail application will be stored by LOQAL for a maximum of two years.

Article 11 – Miscellaneous

  1. LOQAL is entitled to limit, not grant or revoke certain privileges or to block the use of the account or to order, deny or limit the possibility to order, deny or limit articles from Other Sellers through LOQAL , depending on the trading history of LOQAL. a customer; this exclusively at the discretion of LOQAL .
  2. If LOQAL permits deviations from the Buying Conditions from other sellers , whether or not tacitly, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with the Buying Conditions from other sellers. The Client can never assert any right on the basis of the fact that LOQAL applies the Conditions for buying from other sellers flexibly at any time.
  3. If one or more of the provisions of the Terms and Conditions purchase from other sellers or of the procedural rules should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible provision to be determined by LOQAL . , as much as possible with due observance of the purport of the relevant provision.
  4. LOQAL is at all times entitled to no longer make the functionalities available for the offer of Other Sellers on the LOQAL website .

Article 12 – Applicable law

  1. The Conditions for buying from other sellers , buying or selling items by Other Sellers via the LOQAL website and the Purchase Agreement between the buyer and the Other Seller are exclusively governed by Dutch law. All disputes between parties will be submitted to the competent court.

 

Terms of Use Private Sales via LOQAL

Article 1 – Definitions

In these Terms of Use, private sales through LOQAL are understood by:

  1. LOQAL : Puzzles Technology Management (hereinafter: “LOQAL”) established in (5038KB) Tilburg . Operating in the Netherlands under Chamber of Commerce Utrecht 75334321 .
  2. Environment : LOQAL and any other application designated by LOQAL .
  3. Platform : the environment in which third parties can offer their products, falling within product categories designated by LOQAL , to Users.
  4. User : every visitor to the Environment.
  5. Terms : these terms of private sales through LOQAL , including all annexes and the provisions on the Vendor page.
  6. Private Seller (s) : any natural person who has created a Sales Account, has accepted these Terms of Use and has been accepted by LOQAL as a seller.
  7. Sales Account: the account created by the Private Seller in the Environment.
  8. Items : all new and second-hand products of which LOQAL has made it known that they may be offered by Private Sellers in the Environment.
  9. Customer : a User of the Environment who proceeds to purchase an Item via the Platform.
  10. Purchase Agreement : the agreement that is concluded between the Private Seller and a Customer due to the purchase by the Customer of an Item from the Private Seller via the Platform.
  11. Content : (a part of) the specifications of Items in the Environment, which specifications and Items can be adjusted by LOQAL at any time, consisting of, among other things, text, images and technical specifications, which LOQAL makes available for the benefit of the Private Sellers .
  12. LOQAL Trademarks : the LOQAL word and figurative trademarks, as well as other distinguishing signs.
  13. Total price : price including VAT , shipping costs and, where applicable, disposal contribution and all other possible amounts imposed by the government that are charged to the Customer.
  14. Fee : the commission charged by LOQAL to the Private Seller on the Sales Price, consisting of a fixed and / or a variable component.
  15. Sales price : price including shipping costs, including any disposal fee and / or other levies imposed by the government, including VAT and excluding the service fee.
  16. Buy block : the best selling position for a product in the Area. The seller in the purchase block is shown as the first seller, if several sellers offer the same product. Only one seller is shown per product in the purchase block.

Article 2 – Sales account

  1. Every Private Seller must create a Sales Account before he can offer and sell Items on the Platform.
  2. Registration as a Private Seller implies acceptance of the Terms of Use including all attachments and the provisions on the Vendor page and of the obligation to comply with the Terms of Use.
  3. In order to act as a Private Seller, the Private Seller must:
    1. to have an account with LOQAL ;
    2. have created a Sales Account in the Environment;
    3. to confirm that the User Conditions are accepted;
    4. to have a current account or other method that LOQAL uses ;
    5. to have a postal address.
  4. From the creation of the Sales Account, the Private Seller is entitled to offer Items on the Platform in accordance with the Terms of Use.
  5. The Private Seller is only entitled to create one (1) Sales Account, which may be used exclusively for the listing of Items owned by the Private Seller.
  6. The Private Seller is at all times fully responsible for the use of his username, password and / or Sales Account. LOQAL is at all times authorized for reasons of its own to suspend the use of the Sales Account by the Private Seller.
  7. If the Private Seller does not fulfill any payment obligation towards LOQAL , whether or not under these Terms of Use, LOQAL is entitled to suspend the use of the Sales Account by the Private Seller until this payment obligation has been met.
  8. The Private Seller is not entitled to allow others to use his Sales Account.
  9. The Private Seller is not entitled to sell Items directly or indirectly to itself.
  10. The Private Seller is responsible for the correctness of the data in his Sales Account.

Article 3 – Offer

  1. The Private Seller can only offer second-hand Items . The Items must meet the conditions as stated on the Vendor page.
  2. LOQAL is the only person entitled to determine which product categories and / or sub-categories may be offered on the Platform and / or added to the Platform, as well as from what time this will become possible. LOQAL is also entitled to remove product categories and / or subcategories from the offer on the Platform, without the Private Seller being able to assert any right to LOQAL as a result thereof. LOQAL reserves the right to exclude certain Items from the product categories and / or subcategories.
  3. The product categories and / or subcategories that have been and / or will be opened by LOQAL are included on the Vendor page, which information, including the product categories and / or subcategories, can be unilaterally changed by LOQAL from time to time.
  4. It is LOQAL free to the Private Seller no longer allow certain items to offer on the platform. The Private Seller will discontinue and discontinue the offer of the Item in question with immediate effect at the request of LOQAL . If the Product is nevertheless still offered on the Platform, LOQAL is entitled to remove the offer of the relevant Item itself.
  5. LOQAL is entitled not to include the offer or certain information regarding the offer stated by the Private Seller on the site or to remove it from the site if, in LOQAL’s opinion, this is incorrect or misleading, or in violation of this. conditions or in the opinion of LOQAL can be harmful to the good name of LOQAL , the Platform or third parties.
  6. To protect LOQAL and the Platform, LOQAL strives for a positive price perception among its Customers. Therefore, LOQAL will not show Items of the Private Seller on the Platform if the Sales price of the Item, including the service contribution as referred to in Article 6.4, is higher than the Sales price of the same product that is offered as new in the Purchase Block at that time in the Environment, if applicable.

Article 4 – Order and delivery

  1. A User can place an order with LOQAL for an Item offered by the Private Seller through the normal ordering process .
  2. The Private Seller will carefully monitor his e-mail and telephone so that the Private Seller can timely take note of the information sent by LOQAL to the Private Seller.
  3. The Private Seller agrees that LOQAL may from time to time inform it by text message at the telephone number known to LOQAL about the order placed by a Customer with the Private Seller.
  4. An order for an Item offered by the Private Seller will then be processed in accordance with what is included on the Vendor page.

Article 5 – Customer relationship

  1. If a Customer of the Platform proceeds to purchase an Item offered by the Private Partner , a Purchase Agreement is concluded between the Private Seller and the Customer.
  2. The Private Seller acknowledges that LOQAL is not and / or will not be a party to this Purchase Agreement. Customers will, however, have to accept the “General terms and conditions of purchase from other sellers ” before Customers can proceed to conclude a Purchase Agreement with the Private Seller via the Platform These conditions apply between LOQAL and the Customer and refer to the service to be provided by LOQAL , being the Platform, and the use thereof by the Customer LOQAL is entitled to change the “General terms and conditions for buying from other sellers” from time to time.
  3. The Private Seller is responsible at its own expense and risk for correctly complying with the Purchase Agreement. The Private Seller acknowledges that in accordance with the provisions of these Terms of Use and the General Terms and Conditions of purchasing from other sellers, the Customer may turn to LOQAL . The Private Seller will indemnify LOQAL against any claim that a Customer makes against LOQAL as a result of or in connection with the conclusion and / or the execution of the Purchase Agreement.
  4. The Private Seller will provide LOQAL with the track & trace number or other shipping confirmation of all Items shipped by the Private Seller for the purpose of LOQAL monitoring compliance .
  5. The so-called ‘after sales’, including but not limited to customer service, warranty and settlement of return shipments, is entirely at the expense and risk of the Private Seller. The Private Seller guarantees that any inquiries it receives from Customers will be answered within twenty-four (24) hours.
  6. The Private Seller acknowledges and accepts that Customers participate in an evaluation system, on the basis of which the Private Seller obtains a so-called ‘rating’ and can also write reviews about Items and / or Private Seller and have them posted on the Environment. LOQAL has no influence on these reviews and will not censor them, with the exception of texts that are contrary to law or regulations, public order and / or morality. Such texts will be removed by LOQAL as soon as it becomes aware of them.
  7. The Private Seller is obliged to have his offer as well as the execution of the Purchase Agreement in accordance with applicable laws and regulations and to purchase the General Terms and Conditions from other sellers (from LOQAL , as amended from time to time). The Private Seller is not entitled to deviate from this, or to (re) conclude the sale with a Customer outside the Platform.
  8. LOQAL sends Customers a confirmation by email after the Purchase Agreement has been concluded. For the rest, contact with the customer takes place in accordance with the provisions on the Vendor page. The Private Seller hereby irrevocably authorizes LOQAL to communicate directly with the Customer on behalf of and at the expense and risk of the Private Seller without LOQAL becoming a party to the Purchase Agreement.

Article 6 – Payments

  1. The Private Seller pays LOQAL for each Item sold via the Platform , unless the Item in question is returned by the Customer within fourteen (14) days as a result of the cancellation of the Purchase Agreement. The amount of the Fee per product category is included on the Vendor page. The Private Seller acknowledges that LOQAL is entitled to unilaterally adjust the amount of the Fee for each subcategory and / or product category twice a year. The Private Seller will be informed of this seven (7) days prior to the entrance.
  2. LOQAL will organize the Platform in such a way that Customers pay LOQAL . LOQAL will collect the payments from the Customers. In principle, LOQAL only accepts Customers whom it also accepts for the purchase of its own Items and LOQAL reserves the right at all times not to accept Customers. The Private Seller hereby grants LOQAL the irrevocable right to exercise the collection rights arising from the Purchase Agreements on behalf of LOQAL and with the exclusion of the Private Seller.
  3. The Private Seller is not entitled to accept payments made directly by the Customer to him. In that case, the Private Seller will refund the amount received to the Customer and point out to the Customers that payment can only be made to LOQAL . The Private Seller hereby accepts that a payment by a Customer to LOQAL releases the Customer from his obligation to pay the Private Seller.
  4. The Private Seller acknowledges that the Customer owes a service fee for each Item that is sold for the use by the Customer of the Platform on which the Purchase Agreement is concluded in the amount of € 1.99, which amount by LOQAL in addition to the purchase price to the Customer. is charged and benefits LOQAL .
  5. If a Purchase Agreement is dissolved within fourteen (14) days of delivery of the Item concerned , LOQAL will return the payment directly to the Customer . In case the Private Seller has already received payment for this Purchase Agreement from LOQAL , LOQAL is entitled to recover this amount from the Private Seller. If a Purchase Agreement is dissolved after the term , the Customer must contact the Private Seller directly in order to have a payment returned. LOQAL is not a party to this and is not involved in whether or not to refund the amount paid by the Customer and / or exchange the Item in question . LOQAL is not obliged to reimburse any amount to the Private Seller due to a Purchase Agreement that is dissolved fourteen (14) days after delivery of the Item in question and LOQAL is entitled to retain the commission.

Article 7 – LOQAL services

  1. The payments received by LOQAL will be deposited by LOQAL , after deduction of the Fee as determined in article 6.1 of these Terms of Use, to the account number specified by the Private Seller. Payment shall be made by LOQAL in principle once per calendar included in the Sales Account. LOQAL can a bill for these payments to make .
  2. LOQAL is entitled to set off all amounts to be received from the Private Seller in accordance with these Terms of Use, or amounts to be received under any other agreement concluded with the Private Seller, against the next payment of the payments received by LOQAL as referred to in Article 6.2. LOQAL can also choose to send an invoice for these amounts that the Private Sales must pay within the period stated on the invoice.

Article 8 – Privacy

  1. LOQAL provides the Private Seller only with the personal data of the Customers (hereinafter: Customer Data ”) insofar as these Customer Data are necessary for the Private Seller to execute the Purchase Agreement, including the so-called after sales obligations. It concerns in any case name, address and place of residence (hereinafter: “ name and address details ”).
  2. The Private Seller guarantees that it will only approach the Customers in connection with the performance of the Purchase Agreement and the obligations arising from the Purchase Agreement and that it will never commercially exploit or use this Customer Data. Even after termination of the Sales Account, the Private Seller is not entitled to commercially exploit or use Customer Data. In case of violation of the provisions of this article, the Private Seller is liable for all damage suffered by LOQAL .
  3. The Private Seller will treat all Customer Data in accordance with all applicable laws and regulations (including but not limited to the General Data Protection Regulation). LOQAL does not guarantee the correctness of the (personal) data (provided by Customers).

Article 9 – E-mail communication between the Private Seller and the Customer

  1. LOQAL has built an e-mail application for the purpose of communication between the Private Seller and the Customer (including the after sales obligations as referred to in article 5.6) , which makes it possible for both the Private Seller and the Customer to email to get in touch with each other through their respective accounts. This does not affect the right of the Customer to contact the Private Seller by telephone.
  2. All communication through this e-mail application is stored by LOQAL on its servers and can be viewed and used by LOQAL to:
    • support the Private Seller and / or the Customer in case of questions and / or problems;
    • to assess whether the Private Seller complies with the provisions of Article 8.2 of these Terms of Use; and
    • analyze process improvements .
  3. The Private Seller hereby explicitly agrees and gives LOQAL permission to store, view and use the communication that takes place via this e-mail application in accordance with the provisions of paragraph 2 of this article.
  4. The communication that takes place via this e-mail application will be stored by LOQAL for a maximum of two years.

Article 10 – Guarantees and obligations

  1. The Private Seller declares and warrants that it is entitled to accept these Terms of Use as well as what is stated on the Vendor page , to comply with and to grant the rights it hereby grants.
  2. The Private Seller guarantees that:
    • only Items will be offered in the product categories opened by LOQAL ;
    • the it offered Items Used Items his or homemade items are ;
    • The offered its items it owns, the offer is not misleading or otherwise violates applicable law or regulation, that it is entitled to the items for sale and offer to dispose of and that the offered items has the original items are and it does not concern counterfeit Items ;
    • the Items function properly and are not defective;
    • the Items offered by it and the (product) information it provides does not infringe any rights (such as, but not limited to, intellectual property rights);
    • the actions of the Private Seller and / or Items of the Private Seller will not damage the reputation and / or image of LOQAL or the Environment;
    • by her acts in accordance with the Terms, the provisions of the Vendor page, buy the Conditions of other vendors, as well as all applicable laws and regulations;
    • it acts at all times in accordance with the guidelines and instructions of LOQAL with regard to the installation and use of the Platform.
  3. The Private Seller will indemnify LOQAL against all damages of claims against LOQAL as a result of failure to comply with the warranties of this article.
  4. The Private Seller is not permitted to send advertisements with the delivery of Items to the Customers, or to otherwise deliver commercial communications to the Customers.

Article 11 – Intellectual property rights

  1. LOQAL obtains the non-exclusive non-transferable right to use the logo and word mark of the Private Seller as long as the Private Seller offers Items on the Platform in the Environment as well as in communication and advertising statements in all media for the benefit of (the offer of) the Platform.
  2. The Private Seller acknowledges that all (intellectual property) rights regarding the Environment, the design, the Content and all LOQAL Brands and logos are and remain the property of LOQAL and may not be used in any way by the Private Seller without the prior written consent of LOQAL . used. The Private Seller will always fully respect the intellectual property rights and all other rights of an exclusive nature of LOQAL and third parties.
  3. The Private Seller will under no circumstances deposit and / or register in its own name, a trademark or domain name registration containing the element “ loqal.store ”, “ LOQAL ” and / or “ LOQAL .store ” or any similar element or logo. . Any use of LOQAL ‘s Trademarks and / or logos by the Private Seller must obtain prior written approval from LOQAL .

Article 12 – Termination LOQAL Private seller

  1. LOQAL is at all times entitled, without stating a reason, not to grant a Private Seller a Sales Account , to set additional requirements for granting a Sales Account, to block an already created Sales Account or to terminate the Private Seller Board with immediate effect. This will be the case, for example, if LOQAL suspects that one or more of the applicable conditions is being acted upon , there is fraud, the use of the Sales Account disrupts the proper functioning of the LOQAL Environment or, in the opinion of LOQAL, can be harmful. are for the good name of LOQAL or third parties.
  2. LOQAL is also at all times entitled to no longer make the functionalities available for the Private Seller Board .

Article 13 – Consequences of termination of a Private Sellersship

  1. If the Private Seller Shipment is terminated for any reason:
    1. is the Sales account is locked;
    2. is the Private Seller no longer entitled to the content, the items and LOQAL use Brands (if that right existed).
  2. The Private Seller can not claim any compensation from LOQAL in connection with the termination of the Private Seller citizenship by LOQAL and Private Seller hereby waives any right to any (damage) compensation.

Article 14 – Liability

  1. The Private Seller is fully responsible and liable for the use of the Sales Account.
  2. The Private Seller fully indemnifies LOQAL against all damage and / or costs of whatever nature arising from the non-fulfillment of one or more obligations under these Terms of Use.
  3. The Private Seller undertakes in its activities under this agreement to fully comply with all applicable privacy laws and regulations, such as the General Data Protection Regulation, and indemnifies LOQAL against all damage and / or costs of whatever nature in this regard.
  4. Unless there is intent and / or gross negligence on the part of LOQAL , LOQAL is in no way liable for damage and / or costs of whatever nature of the Private Seller in connection with the use of the Platform, the Sales Account, the Content and / or the Items , such as – but not limited to – damage and costs as a result of improper functioning of the Platform, technical malfunctions, incorrect Content, etc.
  5. In the event that the exclusion of liability as referred to in Article 14.4 is declared wholly or partially null and void by a competent court, or is annulled, the parties hereby already agree that LOQAL will only be liable in that case for the direct demonstrable damage / suffered costs (excluding consequential / indirect damage / costs) and this liability for these direct damage / costs will never amount in total to more than € 100 (in words: one hundred euros) per year.

Article 15 – Miscellaneous

  1. The Private Seller will never pose as an agent or representative of LOQAL and in particular will not make any commitments or enter into obligations for or on behalf of LOQAL . The Private Seller fully indemnifies LOQAL against all damage and / or costs of whatever nature resulting from non-compliance with this article.
  2. The Private Seller shall not be entitled to (a part of) his / her Private Seller citizenship to be transferred to a third party unless LOQAL has here its prior written consent.
  3. LOQAL is at all times entitled to change these Terms of Use and the provisions on the Vendor page . The amended Terms of Use and / or Vendor page will be effective from the moment they are posted on the Environment. If a Private Seller subsequently continues to use his Sales Account, he thereby accepts the applicability of the amended User Terms and Conditions and / or Vendor page. It is therefore advisable to consult the Terms of Use and the provisions on the Vendor page before using the Sales Account . If the modified Terms of Use and / or Vendor page for Private Seller not acceptable, the private seller is entitled the Private Seller shelf finish.
  4. If any provision of these Terms of Use should be in conflict with applicable law, this provision will be amended in such a way that it will be in accordance with applicable law, taking into account the scope of the relevant provision as much as possible.
  5. The Private Seller agrees that LOQAL will inform her from time to time by e-mail at the e-mail address known to LOQAL about the use and the possibilities of the Platform and / or Sales Account, such as but not limited to the operation and (possible) new) ( application ) possibilities of the Platform and / or the Sales account (so-called service emails).

Article 16 – Applicable law and competent court

The Private Seller Terms and the Private Seller Board are exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court.

Terms of Use for Business Sellers

Hey you! Good that you want to use the LOQAL platform for the sale of your products and / or services. Below you will find the ‘conditions for Business Sellers’. The request from us to you to read it carefully. By registering as a business seller via LOQAL, you agree to these terms and conditions including the attachments. Good luck with the sale!

 

Article 1 – Definitions

  1. LOQAL : Puzzles Technology Management (hereinafter: “ LOQAL ) established in ( 5038 ) Tilburg . Operating in the Netherlands under Chamber of Commerce Utrecht 75334321 .
  2. Environment : LOQAL and any other application designated by LOQAL .
  3. Platform : the environment in which third parties can offer their products, falling within product categories designated by LOQAL , to Users.
  4. User : every visitor to the Environment.
  5. User conditions : these user conditions business sales via LOQAL , including all attachments and the information as included on the Vendor page .
  6. Business Seller (s) : any legal entity registered with the local Chamber of Commerce and having a VAT number , created a Sales Account, accepted these Terms of Use and accepted as a seller by LOQAL .
  7. Sales Account: the account created by the Business Seller in the Environment.
  8. Items : all products of which LOQAL has made it known that they may be offered by Business Sellers in the Environment.
  9. Customer : a User of the Environment who proceeds to purchase an Item via the Platform.
  10. Purchase Agreement : the agreement that is concluded between the Business Seller and a Customer due to the purchase by the Customer of an Item from the Business Seller via the Platform.
  11. Content : (a part of) the specifications of Items in the Environment, which specifications and Items can be adjusted by LOQAL at any time, consisting of, among other things, text, images and technical specifications, which LOQAL makes available for the Business Sellers .
  12. Total price : price including VAT , shipping costs and all other possible amounts imposed by the government that are charged to the Customer.
  13. LOQAL Trademarks : the LOQAL word and figurative trademarks, as well as other distinguishing signs.
  14. Fee : the commission charged by LOQAL to the Business Seller on the Sales Price, consisting of a fixed and / or a variable component, as set out on the Vendor page .
  15. Sales price : Sales price: price including shipping costs, including any disposal fee and / or other government levies, including VAT and including the service fee.
  16. Buy block : the best selling position for an Item in the Environment as detailed on the Vendor page . The Business Seller in the purchase block is shown as the first seller, if several Business Sellers offer the same Item . Only one Business Seller is shown per Item in the purchase block .

Article 2 – Sales account

  1. Every Business Seller must create a Sales Account before he can offer and sell Items on the Platform.
  2. Registration as a Business Seller implies acceptance of the User Terms and the obligation to comply with the User Terms and the information on the Vendor page .
  3. In order to act as a Business Seller, the Business Seller must:
    1. to have a registration with the local Chamber of Commerce;
    2. to have a VAT number;
    3. to have an account with LOQAL ;
    4. have created a Sales Account in the Environment;
    5. to confirm that the User Conditions are accepted;
    6. to have a Dutch payment account or any other payment method offered by LOQAL ;
    7. to have a postal address.
  4. From the creation of the Sales Account, the Business Seller is entitled to offer Items on the Platform in accordance with the Terms of Use.
  5. The Business Seller can only participate with one (1) brand / trade name per Sales Account. If the Business Seller wishes to offer Items under multiple brands / trade names via the Platform, the Business Seller must create multiple Sales Accounts.
  6. The Business Seller is fully responsible at all times for the use made of the Sales Account and for those who access the Sales Account. LOQAL is at all times authorized for reasons of its own to suspend the use of the Sales Account by the Business Seller with due observance of the provisions of Article 15 of the User Terms and Conditions.
  7. If the Business Seller does not fulfill any payment obligation towards LOQAL , whether or not under these User Terms and Conditions, LOQAL is entitled to suspend the use of the Sales Account by the Business Seller (in accordance with Article 15 of the User Terms and Conditions ), until he meets the payment obligation.
  8. The Business Seller is responsible for the correctness of the data in his Sales Account.

Article 3 – Offer

  1. The Business Seller can offer new and second-hand Items . The Items must meet the conditions as stated on the Vendor page .
  2. LOQAL is the only one entitled to determine which product categories and / or subcategories may be offered on the Platform and / or added to the Platform , as well as from what time this will become possible. LOQAL is also entitled to remove product categories and / or subcategories from the offer on the Platform, without the Business Seller being able to assert any right to LOQAL as a result thereof. LOQAL reserves the right to exclude certain Items from the product categories and / or subcategories , stating reasons .
  3. The product categories and / or subcategories that have been and / or will be made available by LOQAL are included on the Vendor page , which Website, including the product categories and / or subcategories, can be unilaterally changed by LOQAL from time to time with due observance of the provisions of the article about “Miscellaneous” in the Terms of Use.
  4. It is LOQAL free, giving reasons, the Business Seller no longer allow certain items to offer on the platform. The Business Seller will discontinue and discontinue the offer of the Item in question with immediate effect at the request of LOQAL . If the Item is nevertheless still offered on the Platform, LOQAL is entitled to remove the offer of the relevant Item itself.
  5. LOQAL will not display second-hand Items from the Business Seller on the Platform if the Sale Price of the Item is higher than the Sale Price of the same Item that is currently offered as new in the Purchase Block on the Environment, if applicable.
  6. LOQAL is entitled not to include the offer or certain information relating to the offer stated by the Business Seller on the Platform or to remove it from the Platform if, in LOQAL’s opinion, this is incorrect or misleading, or in conflict with this. conditions or in the opinion of LOQAL can be harmful to the good name of LOQAL , the Platform or third parties.
  7. The Business Seller will offer free returns to Customers and will never charge return costs separately.

Article 4 – Order and delivery

  1. A User can place an order with LOQAL for an Item offered by the Business Seller via the normal ordering process .
  2. An order for an Item offered by the Business Seller will then be processed in accordance with the Vendor page .
  3. If the Business Seller receives an order via LOQAL , the Business Seller is not entitled to process the order outside of the procedure as described on the Vendor page .
  4. For the packaging of the order, the Business Seller is only authorized to use a:
    1. unbranded shipping box ; or
    2. a shipping box bearing the business name of the Business Seller or the name under which the Business Seller is active on the Platform.

Article 5 – Customer relationship

  1. If a Customer of the Platform proceeds to purchase an Item offered by the Business Partner , a Purchase Agreement is concluded between the Business Seller and the Customer. The Business Seller is obliged to apply to the Customer the general terms and conditions that have been added as Annex 1 to these Terms of Use and that form an inseparable part of them.
  2. The Business Seller acknowledges that LOQAL is not and / or will not be a party to this Purchase Agreement. However, Customers will have to accept the “General Terms and Conditions of Purchasing from Other Sellers” before Customers can proceed to conclude a Purchase Agreement with the Business Seller through the Platform. These conditions apply between LOQAL and the Client and relate to the service to be provided by LOQAL , being the Platform, and the use thereof by the Client. LOQAL is entitled to change the “General conditions for buying from other sellers” from time to time.
  3. The Business Seller is responsible at its own expense and risk for correctly complying with the Purchase Agreement. The Business Seller acknowledges that in accordance with the provisions of these User Terms and Conditions and the General Terms and Conditions purchasing from other sellers, the Customer may turn to LOQAL . The Business Seller will indemnify LOQAL against any claim that a Customer makes against LOQAL as a result of or in connection with the conclusion and / or the execution of the Purchase Agreement.
  4. The Business Seller will provide LOQAL with the track & trace number , or another proof of dispatch, of all Items sent by the Business Seller for the purpose of LOQAL monitoring compliance.
  5. The so-called ‘after sales’, including but not limited to customer service, warranty and settlement of return shipments, is entirely at the expense and risk of the Business Seller. The Business Seller guarantees that any questions it receives from Customers will be answered within eight (18 ) business hours.
  6. The Business Seller acknowledges and accepts that Customers participate in an evaluation system (on the basis of which the Business Seller obtains a so-called ‘rating’) and can also write reviews about the Business Seller and have them posted on the Environment. LOQAL has no influence on these reviews and will not censor them, unless the Business Seller demonstrates that a review is contrary to law or regulations, public order and / or morality, only concerns a product review or about another Business Seller contains personal data (s) or a URL or is fraudulent. Such reviews can be removed by LOQAL as soon as it becomes aware of it.
  7. The Business Seller is obliged to ensure that his offer as well as the performance of the Purchase Agreement are in accordance with applicable laws and regulations and purchase the General Terms and Conditions from other sellers (from LOQAL , as amended from time to time). The Business Seller is not entitled to deviate from this, or to (re) conclude the sale with a Customer outside the Platform.
  8. LOQAL sends Customers a confirmation by email after the Purchase Agreement has been concluded. For the rest, contact with the customer takes place in accordance with the provisions on the Vendor page . The Business Seller hereby irrevocably authorizes LOQAL to communicate directly with the Customer on behalf of and at the expense and risk of the Business Seller without LOQAL becoming a party to the Purchase Agreement.

Article 6 – Payments

  1. The Business Seller pays LOQAL a Fee for each Item sold via the Platform , unless the Purchase Agreement is dissolved by a Customer within the term as stated in the general terms and conditions included in Annex 1 . The Business Seller acknowledges that LOQAL is entitled to unilaterally adjust the amount of the Fee for each subcategory and / or product category 4 times a year. The Business Seller will be informed of this seven (7) days prior to the commencement.
  2. LOQAL will organize the Platform in such a way that Customers pay LOQAL . LOQAL will collect the payments from the Customers. In principle, LOQAL only accepts Customers whom it also accepts for the purchase of its own Items and LOQAL reserves the right at all times not to accept Customers. The Business Seller hereby grants LOQAL the irrevocable right in the name of LOQAL and with the exclusion of the Business Seller to exercise the collection rights arising from the Purchase Agreements.
  3. The Business Seller is not entitled to accept payments made directly by the Customer to him. The Business Seller will then refund the amount received to the Customer and the Customer is to point out that payment only to LOQAL can occur. The Business Seller hereby accepts that a payment by a Customer to LOQAL releases the Customer from his obligation to pay the Business Seller.
  4. The Total Price of each Item offered by the Business Seller on the Platform must be equal to the Total Price for which the Business Seller may offer the relevant Item on its own website , if any . This condition is imposed on the Business Seller in order to prevent only ‘hitchhiking’ with the potential reach of the Platform with the aim of trying to close the sale (at a lower Total Price) on its own website, so that LOQAL improves the quality, innovation and maintain the existence of the Platform.
  5. If the Customer can demonstrate that the Total Price of an Item at the time of its purchase via the Platform is higher than the Total Price that the Business Seller charges on its own website, LOQAL will pay the Customer this difference supplemented with a leniency fee of a maximum of five euros. (€ 5 ). LOQAL is entitled to recover this amount (Total price difference + leniency fee) from the Business Seller. The Business Seller acknowledges that the Customer owes a service contribution for each second-hand Item that is sold for the use by the Customer of the Platform on which the purchase agreement is concluded in the amount of € 1.99, which amount by LOQAL in addition to the purchase price at the Customer is charged and benefits LOQAL.
  6. If a Purchase Agreement is dissolved within the term as stated in the general terms and conditions included in Appendix 1, the Business Seller will return the payment directly to the Customer, within the term as stated in these general terms and conditions. In the event that the Business Seller has already received payment for this Purchase Agreement from LOQAL , LOQAL is entitled to recover this amount from the Business Seller. If a Purchase Agreement is dissolved after the term as stated in the general terms and conditions included in Annex 1, the Customer must contact the Business Seller directly in order to get a payment returned. LOQAL is not a party to this and is not involved in whether or not to refund the amount paid by the Customer and / or exchange the Item in question . LOQAL is not obliged to reimburse any amount to the Business Seller due to a Purchase Agreement that is dissolved after this period and LOQAL is entitled to retain the commission.

Article 7 – Services LOQAL

  1. The payments received by LOQAL will be deposited by LOQAL , after deduction of the Fee as determined in article 6.1 of these Terms of Use , to the account number or other payment method specified by the Business Seller . Payment shall be made by LOQAL in principle once a month. LOQAL prepares an invoice for these payments. LOQAL is entitled to postpone payment to the Business Seller if, in the opinion of LOQAL, this is necessary to protect its Platform, Customers, third parties or good name, or if there is a suspicion that the Business Seller is acting in violation of these conditions. , including, but not limited to, the situation where there are indications that ordered and paid Items will not be delivered to Customers due to scarcity or fraudulent action.
  2. LOQAL is entitled to set off all amounts to be received from the Business Seller in accordance with these Terms of Use against the next payment of the payments received by LOQAL as referred to in article 6.2. LOQAL can also choose to send an invoice for these amounts, which the Business Sales must pay within the period stated on the invoice.

Article 8 – E-mail communication between the Business Seller and the Customer

  1. LOQAL has built an e-mail application for the communication between the Business Seller and the Customer (including the after sales obligations as referred to in Article 5.6 of these Terms of Use) , which makes it possible for both the Business Seller and the Customer to contact each other via email through their respective accounts. This does not affect the right of the Customer to contact the Business Seller by telephone.
  2. All communication through this e-mail application is stored by LOQAL on its servers and can be viewed and used by LOQAL to:
    • support the Business Seller and / or the Customer in case of questions and / or problems;
    • to assess whether the Business Seller complies with the provisions of Article 11.2 of these Terms of Use; and
    • process improvements to analyze .
  3. The Business Seller hereby explicitly agrees and gives LOQAL permission to store, view and use the communication that takes place via this e-mail application in accordance with the provisions of paragraph 2 of this article.
  4. The communication that takes place via this e-mail application will be stored by LOQAL for a maximum of two years.

Article 9 – Use of Content

  1. If the Business Seller Items offered through the platform in its product range, the so-called. Catalog of LOQAL are recorded, is in the provision of the relevant item of the Business Seller on the Platform, insofar LOQAL have one by LOQAL a image shown together with related information.
  2. The Business Seller only obtains the non-exclusive non-transferable right to use the Content in accordance with these User Terms and Conditions and exclusively for the purpose of sale via the Platform. In doing so, the Business Seller will always immediately follow all possible instructions given by LOQAL from time to time . The Business Seller will never exercise this use in a manner that is misleading or somewhat damaging to LOQAL . If the Business Seller makes changes to existing Content, these changes must meet the content requirements set by LOQAL in this article, which requirements can be changed by LOQAL from time to time , taking into account Article 21 paragraph 3 of the User Terms and Conditions.
  3. If the Business Seller wishes to offer Items on the Platform, about which LOQAL has no information available, the Business Seller must provide LOQAL with the required (product) information. This (product) information must meet the content requirements set by LOQAL in this article, which requirements can be changed by LOQAL from time to time , taking into account Article 21 paragraph 3 of the User Terms and Conditions.
  4. The Business Seller guarantees that:
    1. the Item descriptions do not contain references to discounts, warranties, “sales calls” or other products;
    2. the Item descriptions do not contain URLs to own or other websites;
    3. the graphics do not contain discount labels , watermarks, company names and / or company logos;
    4. the (product) information provided does not infringe the rights of third parties, including, but not limited to, intellectual property rights (eg trademark rights and copyrights);
    5. the (product) information supplied by him is in the Dutch language.
  5. The Business Seller hereby grants LOQAL a non-exclusive, transferable license to use, reproduce and disclose the (product) information obtained from the Business Seller without restriction, worldwide and forever, in all media, now known or still to be developed. in the future. The Business Seller guarantees that it is authorized to grant this license (possibly now for then).
  6. LOQAL is at all times entitled to remove, change or adjust supplied (product) information.
  7. LOQAL is not obliged to use (product) information provided by the Business Seller or to display this (product) information on the Platform.
  8. The Business Seller must deliver the (product) information to LOQAL in accordance with the conditions as included on the Vendor page .
  9. The Business Seller fully indemnifies LOQAL against all damage and / or costs of whatever nature arising from the non-fulfillment of one or more obligations of this article 9.

Article 10 – Dates

  1. By opening a Sales Account and accepting the Terms of Use (see art. 2.2.), LOQAL gains access to the entered company details of the Business Seller. LOQAL has insight into the offer data, including product data. It describes the product category, the sales price, the number of items in stock and the product information. If the Business Seller has sold Items , LOQAL also gains insight into the order data (such as turnover including and excluding VAT , sales, name, address and place of residence (hereinafter: “name and address details”), performance data (such as Track and Trace code, returns and cancellations) and customer case data (such as customer number and customer demand category). LOQAL also has insight into the data of all Business Sellers on the Platform.This information is used to visualize the size of the Platform.
  2. The Business Seller has insight into his own data generated by him, including offer data, product data, order data. LOQAL has access to all data provided by Business Sellers (see paragraph 1). The Business Sellers only have access to data provided by themselves or generated by the sale of their Items . They do not have access to data from other Business Vendors for privacy, confidentiality and competition law reasons.
  3. Some of the data generated by LOQAL on the Platform is provided to third parties to allow them to map the online sales market. It concerns information about (parts of) the online sales market that cannot be traced back to individual Business Sellers . The data shared with third parties is limited to sales and sales figures over a selected period. LOQAL provides this information on the basis of a legal obligation or for commercial reasons.

Article 11 – Privacy

  1. LOQAL will only provide the Business Seller with the personal data of the Customers (hereinafter: “Customer Data”) insofar as these Customer Data are necessary for the Business Seller to implement the Purchase Agreement, including the so-called after sales obligations, or when the Customer has given his permission for this, in any case this concerns the name and address details and the telephone number if a delivery appointment has to be made.
  2. The Business Seller guarantees that it will only approach the Customers in connection with the performance of the Purchase Agreement and the obligations arising from the Purchase Agreement and that it will never commercially exploit or use Customer Data. The Business Seller will only use the Customer Data and have it included in one of its data files in order to fulfill its obligations as mentioned above and to comply with its accounting obligation . Even after termination of the Sales Account, the Business Seller is not entitled to commercially exploit or use Customer Data. In case of violation of the provisions of this article, the Business Seller is liable for all damage suffered by LOQAL .
  3. The Business Seller will treat all Customer Data in accordance with all applicable laws and regulations (including but not limited to the General Data Protection Regulation).
  4. LOQAL does not guarantee the correctness of the (personal) data (provided by Customers).

Article 12 – Ranking

  1. On the Platform, Items are presented according to different ranking mechanisms, namely i) the list page, ii) the search page, iii) the product page and iv) the recommendations.
  2. LOQAL uses third-party algorithms and therefore has limited access to or influence on the ranking mechanism.

Article 13 – Guarantees and obligations

  1. The Business Seller represents and warrants that it is entitled to accept these Terms of Use as well as the Vendor page , to comply with and grant the rights it hereby grants.
  2. The Business Seller guarantees that:
    • only Items are offered that are in stock at the Business Seller;
    • ninety-eight percent (98%) of the Items are delivered at all times within the delivery time stated by the Business Seller on the Platform, unless the Business Seller has agreed a different delivery time with the Customer;
    • only Items will be offered in the product categories opened by LOQAL ;
    • the Items offered by it are its property, the Items and the offer are not misleading or otherwise contrary to applicable law or regulations, that it is authorized to offer these Items for sale on the Platform and to dispose of them and that the offered Items are always the original Items and they are not counterfeit Items ;
    • the offer on the Platform will comply with the laws and regulations that apply to the Client ;
    • the Items function properly and are not defective;
    • the Items offered by it and the (product) information it provides does not infringe any rights (such as, but not limited to, intellectual property rights);
    • the actions of the Business Seller and / or Items of the Business Seller will not damage the reputation and / or image of LOQAL or the Environment;
    • through its purchase is handled in accordance with the terms and conditions of other vendors, as well as all applicable laws and regulations;
    • it acts at all times in accordance with LOQAL ‘s guidelines and instructions with regard to the installation and use of the Platform.
  3. The Business Seller will indemnify LOQAL against all damages of claims against LOQAL as a result of non-compliance with the guarantees of this article.
  4. The Business Seller is not permitted to send advertisements with the delivery of Items to the Customers, or to otherwise deliver commercial communications to the Customers.

Article 14 – Intellectual property rights

  1. LOQAL obtains the non-exclusive, non-transferable right to use the logo and word mark of the Business Seller as long as the Business Seller offers Items on the Platform as well as in communication and advertising statements in all media for the benefit of (the offer of) the Platform.
  2. The Business Seller acknowledges that all (intellectual property) rights regarding the Environment, the design, the Content and all LOQAL Brands and logos are and remain the property of LOQAL and may in no way be used by the Business Seller without LOQAL ‘s prior written consent . used. The Business Seller will always fully respect the intellectual property rights and all other rights of an exclusive nature of LOQAL and third parties.
  3. Under no circumstances will the Business Seller deposit and / or register in its own name, a trademark or domain name registration containing the element ” loqal “, ” LOQAL ” and / or ” LOQAL .store ” or an element or logo similar to it. Prior written approval must be obtained from LOQAL for any use of LOQAL ‘s Trademarks and / or logos by the Business Seller .

Article 15 – Limitation, Suspension, and Termination of Business Sellersship

  1. LOQAL is at all times entitled, without stating a reason, not to grant a Business Seller a Sales Account and / or to impose additional requirements for granting a Sales Account.
  2. An already created Sales Account, by LOQAL always, z stating the reason, blocked, suspended or terminated. This will be the case, for example, if LOQAL suspects that one or more of the applicable conditions are being acted upon , there is fraud, the Business Seller leaves invoices from LOQAL unpaid, there is an infringement of intellectual property rights of LOQAL or third parties. , the use of the Sales Account disrupts the proper functioning of the LOQAL Environment or, in the opinion of LOQAL, can be harmful to the reputation of LOQAL or third parties.
  3. In the event LOQAL terminates a Sales Account , LOQAL will observe a notice period of 30 days, with the exception of the situations described in paragraph 4 of this article.
  4. LOQAL is entitled to terminate the Sales Account with immediate effect in case i) mandatory national law provides otherwise, ii) LOQAL exercises a right of termination for compelling reasons on the basis of national legal provisions and iii) the Business Seller repeatedly fails to comply with the Terms of Use.
  5. LOQAL is also at all times entitled to no longer make the functionalities for the Business Seller Board available.

Article 16 – Consequences of termination of the Business Sellership

  1. If the Corporate Sellership is terminated for any reason:
    1. is the Sales account blocked ;
    2. is the Business Seller no longer entitled to the content, the items and LOQAL use notice (if that right existed).
  2. Business The Seller is not entitled to any compensation by LOQAL in connection with the termination of the Business Seller citizenship by LOQAL and Business Seller hereby waives any right to any (damage) compensation.
  3. The data / data that LOQAL receives from the Business Seller will at all times remain in LOQAL’s possession , regardless of whether the Sales Account is still active or inactive / terminated.

Article 17 – Differential treatment

  1. LOQAL strives to make as many functionalities of the Platform available or usable as possible for both LOQAL and all Business Sellers. All differential treatment will be placed under this article.
  2. At this time, there g of differentiated treatment and.

Article 18 – Liability

  1. The Business Seller is fully responsible and liable for the use of the Sales Account.
  2. The Business Seller fully indemnifies LOQAL against all damage and / or costs of any nature whatsoever arising from the non-fulfillment of one or more obligations under these Terms of Use.
  3. The Business Seller undertakes in its activities under this agreement to fully comply with all applicable privacy laws and regulations, such as the General Data Protection Regulation, and indemnifies LOQAL against all damage and / or costs of whatever nature in this regard.
  4. Unless there is intent and / or gross negligence on the part of LOQAL , LOQAL is in no way liable for damage and / or costs of any nature whatsoever of the – Business Seller in connection with the use of the Platform, the Sales Account, the Content and / or the Items , such as – but not limited to – damage and costs resulting from the improper functioning of the Platform, technical malfunctions, incorrect Content information, etc.
  5. In the event that the exclusion of liability as referred to in Article 18 paragraph 4 of the Terms of Use is declared wholly or partially null and void by a competent court, or is annulled, the parties hereby already agree that LOQAL will only be liable in that case for the direct demonstrable damage / costs suffered / incurred (excluding consequential / indirect damage / costs) and this liability for this direct damage / costs will never amount in total to more than € 100 (in words: one hundred euros) per year.

Article 19 – Internal complaints handling system

  1. If the Business Seller is not satisfied with the way LOQAL performs its services, the Business Seller can submit a complaint to LOQAL free of charge by sending an email to the email address info@loqal.store .
  2. Within fourteen working days after receipt of the complaint, as referred to in paragraph 1, a designated LOQAL employee will contact the Business Seller by telephone or in writing to discuss the complaint and (try to) achieve a solution.

A rticle 20 – Miscellaneous

  1. The Business Seller will never pose as an agent or representative of LOQAL and in particular will not make any commitments or enter into obligations for or on behalf of LOQAL . The Business Seller fully indemnifies LOQAL against all damage and / or costs of whatever nature arising from non-compliance with this article.
  2. Business The Seller is not entitled to (a part of) his / her Business Seller citizenship to be transferred to a third party unless LOQAL has here its prior written consent.
  3. LOQAL is at all times entitled to change these User Terms and Conditions and the Vendor page . LOQAL will inform Business Sellers 15 days, or as much longer as LOQAL deems reasonable for the Business Seller to make technical and commercial adjustments, prior to the entry into force of the amended Terms of Use. During this period, the Business Seller can terminate his Sales Account as a result of the (proposed) changes by sending an email to info@loqal.store . The changes will not take effect until the expiry of the above term. The amended Terms of Use will be published on the Environment. If a Business Seller continues to use his Sales Account after notification of the amended User Terms and Conditions, he thereby accepts the applicability of the amended User Terms and Conditions and / or the Vendor page and his termination option thus expires. It is therefore advisable to consult the Terms of Use and the Vendor page before using the Sales Account .
  4. The notice period of at least 15 days (see paragraph 3) does not apply if LOQAL changes the Terms of Use i) on the basis of a legal obligation or ii) in order to overcome an unforeseen threat in connection with protection against fraud, malware, spam, privacy breaches and misuse of personal data or in risks related to cybersecurity. The amended Terms of Use will then take effect immediately upon notification and publication.
  5. If any provision of these Terms of Use should be in conflict with applicable law, this provision will be amended in such a way that it will be in accordance with applicable law, taking into account the purport of the relevant provision as much as possible.
  6. The Business Seller agrees that LOQAL will inform her from time to time by e-mail at the e-mail address known to LOQAL about the use and the possibilities of the Platform and / or Sales Account , such as but not limited to the operation and (any new ) ( application ) possibilities of the Platform and / or the Sales account (so-called service emails).

Article 22 – Applicable law and competent court

  1. The Business Seller Terms and the Business Seller Board are exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court in Utrecht.

 

 

Appendix 1: General terms and conditions, Business sales via LOQAL

Index:

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement : an agreement whereby the Buyer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
  2. Reflection period : the period within which the Buyer can make use of his right of withdrawal;
  3. LOQAL : Puzzles Technology Management, under the name “LOQAL ” established in Tilburg , the provider of the Platform;
  4. Day : calendar day;
  5. Digital content : data that is produced and delivered in digital form;
  6. Duration agreement : a distance agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable data carrier : any tool – including e-mail – that enables the Buyer or Entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal : the option of the Buyer to cancel the distance contract within the cooling-off period;
  9. Buyer : the natural or legal person who enters into a Distance Agreement with the Entrepreneur.
  10. Entrepreneur : the legal entity that offers products, (access to) digital content and / or services to Buyers remotely via the Platform;
  11. Distance agreement: an agreement concluded between the Entrepreneur and the Buyer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. uses one or more remote communication techniques;
  12. Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions;
  13. Platform : the platform of LOQAL on which the Entrepreneur offers its products to Buyers;
  14. Technology for distance communication : means that can be used to conclude an agreement, without the Buyer and Entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the Entrepreneur

[Name of entrepreneur] (statutory name, possibly supplemented with trade name);

[Business address]

[Visiting address, if this differs from the business address] ;

Telephone number: [and time (s) at which the entrepreneur can be reached by telephone]

E-mail address: [or other electronic means of communication offered to the Buyer with the same functionality as e-mail]

Chamber of Commerce number:

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the Entrepreneur on the Platform and to any Distance Agreement between the Entrepreneur and the Buyer concluded via the Platform.
  2. The text of these general terms and conditions will be made available to the Buyer electronically in such a way that it can be easily stored by the Buyer on a durable data carrier. If this is not reasonably possible, before the Distance Contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the Buyer.
  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies mutatis mutandis and in the event of conflicting terms and conditions, the Buyer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer. If the Entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
  3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 5, the agreement is concluded at the moment the Buyer accepts the offer and meets the corresponding conditions.
  2. If the Buyer has accepted the offer electronically, receipt of the acceptance of the offer will be confirmed electronically. As long as receipt of this acceptance has not been confirmed, the Buyer may terminate the agreement.
  3. If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Buyer can pay electronically, the Entrepreneur will observe appropriate security measures.
  4. The buyer must pay the purchase price to LOQAL via one of the payment methods offered by LOQAL . Only if payment is made to LOQAL , the Buyer has paid liberating.
  5. LOQAL will inform itself on behalf of the Entrepreneur – within legal frameworks – whether the Buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  6. At the latest upon delivery of the product , service or digital content to the Buyer, the Entrepreneur will send the following information, in writing or in such a way that it can be stored by the Buyer in an accessible manner on a durable medium:
    1. the conditions under which and the way in which the Buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    2. the information about guarantees and after sales service;
    3. the price, including all taxes on the product or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract.
    4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    5. if the Buyer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

For products:

  1. The Buyer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 30 days without giving reasons. The Entrepreneur may ask the Buyer for the reason for the withdrawal, but cannot oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 1 starts on the day after the Buyer, or a third party designated by the Buyer in advance, who is not the carrier, has received the product, or:
    1. if the Buyer has ordered several products from the Entrepreneur in the same order: the day on which the Buyer, or a third party designated by him, has received the last product from the Entrepreneur. LOQAL may on behalf of the Entrepreneur, provided the Buyer has been clearly informed about this prior to the ordering process, refuse an order of several products with different delivery times.
    2. if the delivery of a product consists of several shipments or parts from the Entrepreneur: the day on which the Buyer, or a third party designated by him, received the last shipment or the last part from the Entrepreneur;
    3. in case of agreements for regular delivery of products during a certain period: the day on which the Buyer, or a third party designated by him, has received the first product from the Entrepreneur.

For services and digital content that is not supplied on a tangible medium:

  1. The Buyer may terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 30 days without giving reasons. The Entrepreneur may ask the Buyer for the reason for the withdrawal, but cannot oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

  1. If the Entrepreneur has not provided the Buyer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the Entrepreneur has provided the information referred to in the preceding paragraph to the Buyer within twelve months after the effective date of the original reflection period, the reflection period will expire 30 days after the day on which the Buyer received that information.

Article 7 – Obligations of the Buyer during the reflection period

  1. During the reflection period, the Buyer 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 starting point here is that the Buyer may only handle and inspect the product as he would be allowed to do in a store.
  2. The Buyer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The Buyer is not liable for the depreciation 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 – Exercise of the right of withdrawal by the Buyer and costs thereof

  1. If the Buyer makes use of his right of withdrawal, he will notify the Entrepreneur of this within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Buyer will return the product or hand it over to (an authorized representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product himself. The Buyer has in any case complied with the return period if he returns the product before the reflection period has expired.
  3. The Buyer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
  5. The Buyer bears the direct costs of returning the product. If the Entrepreneur has not stated that the Buyer must bear these costs or if the Entrepreneur indicates that it will bear the costs himself, the Buyer does not have to bear the costs for returning the goods.
  6. If the consumer cancels after having first explicitly requested that the service be provided, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
  7. The Buyer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    1. he has not prior to its delivery expressly agreed to the start of the fulfillment of the agreement before the end of the grace period;
    2. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
    3. the Entrepreneur has failed to confirm this statement from the Buyer.
  8. If the Buyer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by the Buyer possible electronically, a confirmation of receipt will be sent immediately upon receipt of this notification.
  2. LOQAL will reimburse all payments from the Buyer on behalf of the Entrepreneur , without delay but within 14 days following the day on which the Purchaser notifies the Entrepreneur of the withdrawal. Unless the Entrepreneur offers to collect the product himself, LOQAL may wait with reimbursing until the Entrepreneur has received the product or until the Buyer demonstrates that he has returned the product, whichever is the earlier.
  3. LOQAL uses the same payment method that the Buyer has used for reimbursement, unless the Buyer agrees to a different method. The reimbursement is free of charge for the Buyer.
  4. If the Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, LOQAL does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market over which the Entrepreneur has no influence and which may occur within the withdrawal period;
  2. Service contracts, after full performance of the service, but only if:
    1. the execution has begun with the explicit prior consent of the Buyer; and
    2. the Buyer has declared that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement;
  3. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
  4. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
  5. Products manufactured according to the Buyer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Buyer, or which are clearly intended for a specific person;
  6. Products that spoil quickly or have a limited shelf life;
  7. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  8. Products that by their nature are irrevocably mixed with other products after delivery;
  9. Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the Entrepreneur has no influence;
  10. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery ;
  11. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has begun with the explicit prior consent of the Buyer; and
    2. the Buyer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the Buyer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 – Fulfillment of the agreement and extra guarantee

  1. Entrepreneur is sure that the products and / or services comply with the contract, the offer mentioned specifications, the reasonable requirements of reliability and / or usability and the existing legislation on the date of the conclusion of the agreement and / or government regulations.
  2. An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Buyer can assert against the Entrepreneur under the agreement if the Entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any obligation of the Entrepreneur, its supplier, importer or producer in which he assigns certain rights or claims to the Buyer that go beyond what it is legally obliged to do in case he has failed to fulfill his part of the agreement .

Article 13 – Delivery and implementation

  1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the Buyer has made known to the Entrepreneur via the Platform.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after placing the order. In that case, the Buyer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the Entrepreneur will ensure that the amount paid by the Buyer is immediately repaid by LOQAL .
  5. The risk of damage and / or loss of products rests with the Entrepreneur until the moment of delivery to the Buyer or a pre-designated representative made known to the Entrepreneur , unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

  1. The Buyer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The Buyer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The Buyer can cancel the agreements mentioned in the previous paragraphs:

  1. cancel at any time and not be limited to cancellation at a specific time or in a specific period;
  2. at least cancel in the same way as they entered into by him;
  3. always cancel with the same notice period as the Entrepreneur has stipulated for himself.

Elongation:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a fixed term.
  2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of a maximum of three months, if the Buyer against this extended can cancel the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Buyer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Duration:

  1. If an agreement has a duration of more than one year, the Buyer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the Buyer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When advance payment is stipulated, the Buyer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
  3. The Buyer has the duty to report inaccuracies in provided or stated payment details to LOQAL without delay .
  4. If the Buyer does not fulfill his payment obligation (s) on time, after he has been informed by LOQAL of the late payment and LOQAL has granted the Buyer a period of 14 days to still fulfill his payment obligations, after failure to do so payment within this 14-day period, statutory interest is due on the amount owed and LOQAL is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500 ; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. LOQAL may deviate from the stated amounts and percentages in favor of the Buyer.

Article 16 – Complaints procedure

  1. The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Buyer has discovered the defects.
  3. Complaints submitted 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 14 days with a confirmation of receipt and an indication when the Buyer can expect a more detailed answer.

Article 17 – Disputes

  1. Agreements between the Entrepreneur and the Buyer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the Buyer and must be recorded in writing or in such a way that they can be stored by the Buyer in an accessible manner on a durable data carrier.

Appendix 1 – Model form for withdrawal

Model withdrawal
form (only complete and return this form if you wish to withdraw from the contract)

On:

(For the correct name of the seller, please see the order information as included in your account on our website.)

 

For the correct return address, view the return information as it is included in your account on our website.

 

E-mail: via this form

I / We * share / share * hereby inform you that I / we * regarding our agreement

 

  • the supply of the following digital content: [indication of digital content] *

 

  • the rental of the following object: [indication rented] *

 

  • the provision of the following service: [specification of service] *,

 

revoke / withdraw *.

Ordered on * / received on * [date of order for services or receipt for products]

[Name of consumer (s)]

[Address of consumer (s)]

[Signature of consumer (s)] (only if this form is submitted on paper)

 

* Delete what does not apply or fill in what applies.