Terms and Conditions
TERMS & CONDITIONS
In these general terms and conditions, the following words have the meaning stated after them, unless the context indicates otherwise:
reflection time means the period within which a consumer can make use of his right of withdrawal;
Consumer means the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day means calendar day;
Digital Content means data produced and supplied in digital form;
Durable medium means any resource – including email – that enables a consumer or Smashed Lemon to store information addressed to him personally in a manner that prevents future reference or use over a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal means the possibility for a consumer to cancel the distance contract within the cooling-off period;
Distance contract means an agreement concluded between Smashed Lemon and a consumer in the context of an organized system for distance selling of products, digital content and/or services whereby, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
cancellation form means the form included in the Appendix to these terms and conditions for a consumer to waive the distance contract within the cooling-off period;
Smashed-Lemon means the company NSTS Trading BV, established at Theemsweg 36, 1043BJ, in Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 77841263; and
Website means the website of Smashed Lemon, being www.smashed-lemon-com.
- These general terms and conditions apply to every offer from Smashed Lemon and to every distance agreement concluded between Smashed Lemon and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, Smashed Lemon will indicate, before the distance contract is concluded, how the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. †
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second applies mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
- Obvious mistakes or apparent errors in the range of products, digital content and/or services are not binding on Smashed Lemon.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, Smashed Lemon will immediately confirm receipt of acceptance of the offer electronically.
RIGHT OF WITHDRAWAL
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 30 days without stating reasons.
- The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Smashed Lemon may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times;
- 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; or
- in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
- 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 during 30 days without stating reasons.
- The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.
TREATMENT OF PRODUCT DURING THE CHANGEOVER TIME
- During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract 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 can only handle and inspect the product as he should do in a store.
- The consumer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
EXERCISE OF THE RIGHT OF WITHDRAWAL
- When the consumer makes use of his right of withdrawal, he reports this to Smashed Lemon within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
- As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) Smashed Lemon. This is not necessary if Smashed Lemon has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by Smashed Lemon.
- The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
- If the provision of the service starts during the cooling-off period, the consumer owes an amount that is proportional to that part of the contract that the entrepreneur has fulfilled at the time of withdrawal, compared to full compliance with the contract.
ACTIVE PANTHER'S OBLIGATIONS ON WITHDRAWAL
- If Smashed Lemon makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
- Smashed Lemon will reimburse all payments made by the consumer, including any delivery costs charged by Smashed Lemon for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless Smashed Lemon offers to collect the product itself, he may withhold payment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- Smashed Lemon uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Smashed Lemon does not have to reimburse the additional costs for the more expensive method.
- During the period of validity of 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.
- Contrary to the previous paragraph, Smashed Lemon can offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Smashed Lemon has stipulated this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices stated in the offer of products and/or services include VAT.
PERFORMANCE AGREEMENT AND ADDITIONAL WARRANTY
- Smashed Lemon 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 .
- In any event, no claim can be made under paragraph 1 of this article (i) in the event of damage caused by intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to failure to observe or follow the operating instructions or instructions for use.
- An additional guarantee provided by Smashed Lemon's supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Smashed Lemon under the agreement if Smashed Lemon has failed to fulfill its part of the agreement.
- An extra guarantee is understood to mean any commitment by Smashed Lemon, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement . †
PERFORMANCE AGREEMENT AND DELIVERY
- Smashed Lemon will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to Smashed Lemon.
- The consumer must provide the correct address and e-mail address to Smashed Lemon. Any changes to this must also be communicated to Smashed Lemon in a timely manner. If the consumer has provided a wrong address for delivery, the additional shipping costs will be borne by the consumer.
- Delivery takes place while stocks last.
- Ownership of the delivered products transfers to the consumer after the amount due has been paid. The risk of the products is transferred at the time of delivery to the consumer.
- Smashed Lemon will execute accepted orders within 1 day at the latest, 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 1 day after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
- After dissolution in accordance with the previous paragraph, I-Wannahave will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with Smashed Lemon until the moment of delivery to the consumer or a representative designated in advance and made known to Smashed Lemon, unless expressly agreed otherwise.
- Insofar as not provided otherwise in the agreement, 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 30 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.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Smashed Lemon. Payment orders for giro and banking institutions are for the account and risk of the person who gives the order (or authorization) for payment.
ACCOUNTS AND REGISTRATION
- The consumer can create an account or otherwise register on the website. Smashed Lemon reserves the right to refuse an application for such registration or to cancel the registration, for example after discovering irregularities.
- The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
- The consumer will immediately warn Smashed Lemon if he suspects that his login details are known to a third party or otherwise irregularities occur.
- The consumer is not allowed to request or manage more than one account. Furthermore, the consumer is not allowed to (again) request or manage an account after Smashed Lemon has refused the consumer's application for an account or has canceled an account of the consumer after registration.
FORCE OF THE MAJORITY
Smashed Lemon and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to its fault, and neither under the law, a legal act or generally accepted for its bill comes.
- Smashed Lemon has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to Smashed Lemon as soon as possible after the consumer has discovered the defects.
- Complaints submitted to Smashed Lemon will be answered within a period of 2 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Smashed Lemon will reply within the period of 2 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
PRIVACY AND SECURITY
- Smashed Lemon respects customer privacy. Smashed Lemon handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The customer agrees to this processing. Active Panther uses appropriate security measures to protect the customer's personal data.
- For more information about privacy, reference is made to the Smashed Lemon website.
- Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
- The administration of Smashed Lemon is, subject to proof to the contrary, proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- Smashed Lemon is entitled to transfer the rights and obligations under the agreement with you to a third party by means of a single notice to you.
- If and insofar as any provision of the general terms and conditions is declared null and void, the other provisions of these general terms and conditions will remain in full force and effect. Active Panther will then determine a new provision to replace the void/nullified provision, whereby the intent of the void/nullified provision will be taken into account as much as possible.
Agreements, and all non-contractual obligations arising therefrom, between Smashed-Lemon and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Appendix Withdrawal Form
To: Smashed-Lemon, Theemsweg 36, 1043BJ, Amsterdam.
I hereby inform you that I revoke our agreement regarding the purchase of the following order/order:
Order or order number:
Ordered/received on (dd-mm-yyyy):
Enter the date on which you received your order or the date of your order above.
First and last name:
Street name + house number:
Sign this form if you do not send this form by e-mail but by post.