Terms of service
Terms and Conditions
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing performance contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form that the trader makes available, which a consumer can complete when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
Terms and Conditions: the present Terms and Conditions of the trader.
Article 2 - Identity of the trader
Layd Home vof
Osloweg 131
9723BK Groningen
Nederland
Telephone +31853697255
Email address rawish@laydhome.com / store@laydhome.com
Chamber of Commerce number (KvK) 42069657
VAT number 869567482
Article 3 - Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
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In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
If, at any time, one or more provisions of these terms and conditions are wholly or partly void or are annulled, the contract and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the trader.
All images, specifications and details in the offer are indicative and cannot give rise to any compensation or to dissolution of the contract.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products. The trader always does its utmost to depict all products as truthfully as possible. Any colour deviations in the offer cannot give rise to any compensation or to dissolution of the contract.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
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the price including taxes; -
any shipping costs; -
the manner in which the contract will be concluded and the actions required to do so; -
whether or not the right of withdrawal applies; -
the method of payment, delivery and performance of the contract; -
the period for acceptance of the offer, or the period within which the trader guarantees the price; -
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used; -
whether the contract is archived after it has been concluded and, if so, how the consumer can consult it; -
the way in which the consumer can, before concluding the contract, check the data they have provided in the context of the contract and, if desired, correct it; -
any other languages, in addition to Dutch, in which the contract can be concluded; -
the minimum duration of the distance contract in the case of a continuing performance contract.
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Article 5 - The contract
The contract is concluded, subject to the proviso that the consumer is able to meet their payment obligation, at the moment the consumer accepts the offer and meets the conditions stipulated therewith.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures to that end.
The trader may - within statutory limits - inform itself as to whether the consumer is able to meet their payment obligations, as well as of all those facts and factors that are relevant to a responsible and safe conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader will send the consumer the following information, with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
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the visiting address of the trader's establishment where the consumer can go with complaints, it being understood that a physical visit is possible by appointment only and that complaints are handled in the first instance electronically or by post; -
the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; -
the information about warranties and existing after-sales service; -
the data set out in Article 4 of these terms and conditions, unless the trader has already provided this data to the consumer before performance of the contract; -
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
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In the case of a continuing performance contract, the provision in the foregoing applies only to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days.
This cooling-off period commences on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and the packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all delivered accessories - expressly including all accompanying booklets, manuals, warranty certificates and instructions - and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. The absence of supplied accessories, booklets, instructions, etc. will be regarded as careless handling and will lead to a reduction in value that is withheld from the amount to be refunded.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receipt of the product. The consumer must make this known by means of the model withdrawal form or by means of another means of communication such as by email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If, after expiry of the periods referred to in this article, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
Upon delivery of services:
Upon the delivery of services, the consumer has the option of dissolving the contract without giving reasons for a period of at least 14 days, commencing on the day the contract is entered into.
To exercise their right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions provided by the trader in this respect with the offer and/or at the latest upon delivery.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
In the event of damage to, or an incomplete return of, the product - meaning the booklets, instructions and so on - due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in value of the product if the trader has not provided all the legally required information about the right of withdrawal; this must be done before the conclusion of the purchase contract.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in this article. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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that have been made by the trader in accordance with the consumer's specifications; -
that are clearly personal in nature; -
that by their nature cannot be returned; -
that can deteriorate or become out of date quickly; -
whose price is tied to fluctuations on the financial market over which the trader has no influence; -
for individual newspapers and magazines; -
for audio and video recordings and computer software whose seal the consumer has broken; -
for hygiene products whose seal the consumer has broken.
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Exclusion of the right of withdrawal is only possible for services:
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concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period; -
the performance of which has begun, with the express consent of the consumer, before the cooling-off period has expired;
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Article 9 - The price
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 resulting from changes in VAT rates.
By way of derogation from the foregoing in this article, the trader may offer products or services whose prices are tied to fluctuations on the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any prices stated are guide prices will be indicated with the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
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they result from statutory regulations or provisions; or -
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
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The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the erroneous price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported in writing to the trader within 2 months of discovery of the defect.
The trader's warranty period corresponds to the manufacturer's warranty period. The trader is, however, never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties; -
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or have been treated contrary to the instructions on the packaging; -
the deficiency is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
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Article 11 - Delivery and performance
The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in the following paragraph of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, 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 dissolve the contract free of charge. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 - Continuing performance contracts: duration, termination and renewal
Termination
The consumer may at any time terminate a contract entered into for an indefinite period and intended for the regular delivery of products or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
The consumer may at any time, at the end of the fixed term, terminate a contract entered into for a fixed period and intended for the regular delivery of products or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
The consumer may, in respect of the contracts referred to in the preceding paragraphs:
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terminate them at any time and not be restricted to termination at a particular time or in a particular period; -
at the very least terminate them in the same manner as they were entered into; -
always terminate them with the same notice period as the trader has stipulated for itself.
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Renewal
A contract entered into for a fixed period and intended for the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
A contract entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution scheme.
In the event of complaints, a consumer must first turn to the trader. If the online store is affiliated with WebwinkelKeur, then, for complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is then still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding, and both trader and consumer agree to this binding ruling. Submitting a dispute to this disputes committee entails costs that must be paid by the consumer to the committee concerned.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or differing provisions
In these terms and conditions, 'in writing' is understood to mean exclusively communication by email or via the official contact form on the trader's website, provided that the identity of the sender and the integrity of the email are sufficiently established.
These terms and conditions are made available to the consumer in such a way that they can easily be stored by the consumer on a durable medium.
Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.
