General Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

• Reflection period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
• Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
• Distance communication technology: a means by which a contract can be concluded without the consumer and the entrepreneur being present in the same room at the same time.

Article 2 – Identity of the entrepreneur

• Company name: Lamate - Amsterdam
• Email address: Tijmendekker@icloud.com
• Chamber of Commerce number: 91894689
• VAT identification number: NL004923022B50

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Article 4 – The offer

• The offer has a limited period of validity or is made under conditions that are explicitly stated in the offer.
• The offer is without obligation and can be changed and adjusted by the entrepreneur.
• The offer contains a complete and accurate description of the products and/or services offered, including prices, any shipping costs, and other relevant information.
• Product images are a true representation, although colours may vary.
• The consumer receives all necessary information to understand the rights and obligations when accepting the offer.

Article 5 – The Agreement

• The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
• If the agreement is concluded electronically, appropriate technical and organizational measures will be taken to secure the electronic transfer of data.
• The entrepreneur provides the consumer with all necessary information in writing or on a durable data carrier.
• The consumer has the right to cancel the agreement within the statutory cooling-off period.

Article 6 – Right of withdrawal

• The consumer has the right to cancel the agreement within 14 days of receiving the product without giving reasons, unless the product has been used and can no longer be sold to others.
• During the cooling-off period, the consumer will handle the product and packaging with care.
• The consumer must notify the entrepreneur of the right of withdrawal in writing or by e-mail.
• Return shipping costs are the responsibility of the consumer.

Article 7 – Costs in case of revocation

• If the consumer exercises his right of withdrawal, the costs for returning the products are at his expense.
• The entrepreneur will refund the paid amount within 14 days after cancellation, provided that the product has been returned or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the trader in accordance with the consumer’s specifications; b. which are clearly personal in nature; c. which cannot be returned due to their nature; d. which can spoil or become obsolete quickly; e. whose price is subject to fluctuations in the financial market over which the trader has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; b. the supply of which has begun with the consumer's express consent before the cooling-off period has expired; c. relating to bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is 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:

• 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 treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
• The defectiveness 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.

Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and fulfilling product orders. The delivery address is the address the consumer has provided to the company. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 free of charge and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be communicated clearly and comprehensibly no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are the responsibility of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination: The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

Extension: An agreement entered into for a fixed period and intended for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term. By way of exception, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed term of up to three months. The consumer may terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of up to one month, and a notice period of up to three months in the case of the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines. A limited-term agreement for the regular supply of daily newspapers, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration: 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 duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer is obligated to immediately report any inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Regulation for postal and courier services

As a supplier, we ship the goods you order directly to the customer's address. Shipping and delivery take place outside the EU. We do not use the import regulations when importing the goods. Imports into the Netherlands are made in the customer's name. This means that delivery takes place DDU (delivery duty unpaid). The 0% VAT rate applies to this. For this reason, we do not charge you 21% VAT. 

The postal or courier company that handles the import and delivery is responsible for fulfilling the payment obligations for the import. Normally, the import VAT due is charged to the customer by the postal or courier company. The supplier has no control over how the postal or courier company handles the import.