General conditions of Leatheroverstock.com

Table of Contents:
Article 1 - Definitions
Articele 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

  1. Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
  2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Door-to-door contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
  7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility of the consumer to waive 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 from a distance;
  10. Distance contract: a contract concluded between the trader and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the contract exclusive or partial use is made of one or more techniques for distance communication;
  11. Model withdrawal form: a digital version of the withdrawal form can be found on the website;
  12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to meet simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Dealer name: Leatheroverstock.com
Trades under the name: Leatheroverstock.com
Business address: Grotestraat 32, 5836 AG, Sambeek, The Netherlands

Phone number: +31(0)6 17 52 13 63
E-mail address:
Chamber of Commerce number: 64922472
Btw-identificatienummer: NL002223347B80

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.
    Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
  2. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  3. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.


Article 4 - The offer

  1. If an offer has a limited validity period 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 reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind 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. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
    1. the visiting address of the trader's business establishment where the consumer can lodge complaints;
    2. The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    3. the information on guarantees and existing service after purchase;
    4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance 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;
      if the consumer has a right of withdrawal, the model form for withdrawal.
    6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.


Article 6 - Right of withdrawal

By products:

  1. The consumer can dissolve a contract relating to the purchase of a product during a reflection period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in one order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
    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 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 not delivered on a tangible medium:

  1. The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 30 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about 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 form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 30 days after the day the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and functioning 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 depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the entrepreneur did not provide him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner.
  2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. Products you buy through this web store are custom made according to the specification you entered. Therefore, the right of withdrawal does not apply. The sale is hereby finalized after successful payment.
  6. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that the costs are borne by himself, the consumer does not have to bear the costs of return.
  7. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the withdrawal period, the consumer owes the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
  8. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
  • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
  • the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium, if:

  • he did not expressly agree, prior to its delivery, to the commencement of the performance of the contract before the end of the cooling-off period;
  • he has not acknowledged losing his right of withdrawal when giving his consent; or
    the trader has failed to confirm this declaration by the consumer.
  • If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay after receiving it.
  2. The entrepreneur shall reimburse all payments made by 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 trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund 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 subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service, but only if:
    1. the execution has started with the consumer's explicit prior consent; and
    2. the consumer has declared that he loses his right of withdrawal when the entrepreneur has fully performed the contract;
    3. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
    4. Contracts relating to leisure activities, if the contract provides for a certain date or period of performance;
    5. Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    6. Products that spoil quickly or have a limited shelf life;
      Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
    7. Products that after delivery are by their nature irrevocably mixed with other products;
    8. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
    9. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
    10. Newspapers, magazines or journals, with the exception of subscriptions to these;
    11. The delivery of digital content other than on a tangible medium, but only if:
      1. The execution has started with the express prior consent of the consumer; and
      2. The consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

  1. During the validity period mentioned 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.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of agreement and additional guarantee

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures 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 under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
  3. Additional warranty means any commitment 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 execution

  1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14 - Duration transactions: duration, termination and renewal

Notice:

  1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
  2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    1. terminate at any time and not be limited to termination at any particular time or in any particular period;
    2. at least terminate them in the same way as they were entered into by him;
    3. always terminate them with the same notice as the entrepreneur has stipulated for himself.

Prolongation:

  1. A contract entered into for a definite period of time and which is for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.

Article 15 - Payment

  1. To the extent not otherwise provided in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s), before the stipulated prepayment has occurred.
  3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given 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 on the amount due and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.
  5. If you choose to pay afterwards, you must pay the amount to Billink B.V. (hereinafter: "Billink") within the set payment period. All rights arising from the claim are indeed transferred by us to Billink, who will take care of the collection of the debt. Your data is by or on behalf of Billink tested and registered, this data can be used for the collection of outstanding debts, marketing purposes, data verification and testing of orders in the implementation of the acceptance policy of organizations affiliated with Billink and / or customers. Billink reserves the right to refuse the Customer's request for payment in arrears. The payment period used is a strict deadline. In the event of late payment, the Customer is therefore in default without notice of default being required and Billink is entitled to charge statutory commercial interest (whereby part of a month is considered to be a whole month) on a monthly basis from the due date of the invoice. Billink is also entitled to charge extrajudicial collection costs to the Customer pursuant to the law. In case of business Customers, Billink is also entitled to charge reminder and demand costs to the Customer, without prejudice to Billink's right to charge the actual costs incurred to the Customer if these exceed the amount so calculated. These costs amount to at least 15% of the principal sum with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to assign the claim to a third party. That which has been stipulated above with respect to Billink shall in that case also be transferred to the third party to whom the claim has been transferred.
    1. The non-payment of the invoice on the due date leads to the start of internal and external reminders. By operation of law and without notice of default, a fixed administrative cost of € 12.50 will be charged per internal reminder sent by Billink. As soon as Billink is obliged to transfer the claim to a specialized collection agency
      collection agency, this because of persistent non-payment, the claim shall also be increased by a fixed penalty clause, on account of non-payment, of 20% with a minimum of €10, as well as a default interest of 12% per year, calculated on the amount of the invoice from the date of dispatch of the invoice. The costs related to this transfer of file as well as the fee for the collection of the amounts due are estimated at a flat rate of € 10 per year.
      are estimated at € 35.00 and shall remain entirely at your expense, without prejudice to the costs of internal reminders, fixed penalty clause and default interest as described above. The courts of the judicial district of Antwerp shall have sole jurisdiction to settle any disputes concerning the payment or performance of our deliveries.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 30 days, fully and clearly described, after the consumer has found the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the possibility of his complaint by Stichting GeschilOnline (www.geschilonline.com) to deal with, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at its option, either replace or repair the delivered products free of charge.


Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.

Article 18 - Additional or different provisions

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