Definitions

1. LIEVICK: LIEVICK, established in Zevenhuizen under KvK No. 84213914.
2. Customer: the person with whom LIEVICK has entered into an agreement.
3. Parties: LIEVICK and customer together.
4. Consumer: a customer who is also an individual acting as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of LIEVICK.
2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Prices

1. All prices quoted by LIEVICK are in Euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices on that LIEVICK charges for its products or services, on its website or otherwise made known, LIEVICK may change at any time. 
3. Increases in the cost prices of products or parts thereof, which LIEVICK could not foresee at the time of making the offer or entering into the agreement, may result in price increases. 
4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a legal regulation.

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of not paying on time

1. If the customer does not pay by the agreed deadline, LIEVICK is entitled to charge interest at 1% per month from the day the customer is in default, with part of a month counting as a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any damages to LIEVICK. 
3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree. 
4. If the customer fails to pay on time, LIEVICK may suspend its obligations until the customer has fulfilled his/her payment obligation. 
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, LIEVICK's claims against the customer are immediately due and payable. 
6. If the customer refuses to cooperate with the execution of the agreement by LIEVICK, the customer is still obliged to pay the agreed price to LIEVICK. 

Right of advertising

1. As soon as the customer is in default, LIEVICK is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
2. LIEVICK invokes the right of claim by written or electronic communication.
3. As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to LIEVICK, unless the parties agree otherwise. 
4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
2. the product has not been used
3. it is not a product that can spoil quickly, such as food or flowers
4. it is not a product that has been customized or adapted specifically for the consumer
5. it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
6. the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
7. the product is not a trip, transportation ticket, catering order or form of leisure activity
8. the product is not a loose magazine or loose newspaper
9. It does not involve (order for) emergency repair
10. the consumer has not waived his right of withdrawal
11. The 14-day cooling-off period mentioned in paragraph 1 begins:
    - on the day after the consumer receives the last product or part of 1 order.
    - once the consumer receives the first product with a subscription.
    - once the consumer has acquired a service for the first time.
    - once the consumer has confirmed that they will purchase digital content over the Internet.
12. Consumers may exercise their right of withdrawal at hello@lievick.com, if desired using the withdrawal form that can be downloaded from the LIEVICK website, www.lievick.com.
13. The consumer is obliged to return the product to LIEVICK within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal will lapse.
14. Return costs will be borne by LIEVICK only if the entire order is returned.
15. If the purchase cost and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, LIEVICK will refund these costs to the consumer within 14 days of receiving the timely invocation of the right of withdrawal, provided that the consumer has returned the product to LIEVICK in a timely manner.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Lien

1. LIEVICK may invoke its right of retention and in that case hold products of the customer until the customer has paid all outstanding bills against LIEVICK, unless the customer has provided adequate security for those costs. 
2. The lien also applies under previous agreements from which the customer still owes payments to LIEVICK.
3. LIEVICK shall never be liable for any damage that the customer may suffer as a result of the exercise of his lien.

Settlement

Unless the customer is a consumer, the customer waives its right to set off a debt owed to LIEVICK against a claim against LIEVICK. 

Retention of title

1. LIEVICK remains the owner of all products delivered until the customer has fulfilled in full all of his payment obligations to LIEVICK under any agreement entered into with LIEVICK, including claims of default.
2. Until such time, LIEVICK may invoke its retention of title and repossess the items. 
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If LIEVICK invokes its retention of title, the agreement shall be deemed terminated and LIEVICK shall be entitled to claim damages, lost profits and interest. 

Delivery

1. Delivery will take place while supplies last.
2. Delivery shall take place at LIEVICK, unless the parties have agreed otherwise.
3. Delivery of products ordered online is made to the address specified by the customer. 
4. If the agreed amounts are not paid or not paid on time, LIEVICK is entitled to suspend its obligations until the agreed portion is still paid. 
5. Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against LIEVICK.

Delivery time

1. Delivery times quoted by LIEVICK are indicative and if exceeded do not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from LIEVICK.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to rescind the agreement, unless LIEVICK is unable to deliver within 14 days of written notice or the parties have agreed otherwise in this regard. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product has been opened or damaged, the customer must have a note of this made by the shipper or delivery person before accepting the product, failing which LIEVICK cannot be held liable for any damage.
2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to LIEVICK prior to transportation, failing which LIEVICK cannot be held liable for any damage.

Retention

1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.

Warranty

1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Indemnification

The customer shall indemnify LIEVICK against all third party claims related to the products and/or services provided by LIEVICK. 

Complaints

1. The customer must examine a product supplied or service rendered by LIEVICK for any defects as soon as possible.
2. If a product delivered or service provided does not meet what the customer could reasonably expect from the agreement, the customer must notify LIEVICK as soon as possible, but in any event within 1 month of discovering the deficiencies. 
3. Consumers must notify LIEVICK no later than 2 months after discovering the deficiencies.
4. In doing so, the customer shall provide as detailed a description of the shortcoming as possible, so that LIEVICK is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. In any case, if a complaint relates to work in progress, this cannot result in LIEVICK being held to perform work other than that agreed upon.

Notice of default

1. The customer must give written notice of default to LIEVICK.
2. It is the customer's responsibility that a notice of default actually reaches LIEVICK (in a timely manner).

Joint and several liability customer

If LIEVICK enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts owed to LIEVICK under that agreement.

Liability LIEVICK

1. LIEVICK shall be liable for any damage suffered by the customer only if and to the extent that such damage was caused by intentional or deliberate recklessness.
2. If LIEVICK is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
3. LIEVICK shall never be liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
4. If LIEVICK is liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of damages, liability shall be limited to the (part of the) invoice amount to which the liability relates.
5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from LIEVICK shall in any case expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code. 

Right of rescission

1. The customer is entitled to terminate the agreement if LIEVICK imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify termination. 
2. If the fulfillment of the obligations by LIEVICK is not permanently or temporarily impossible, dissolution can only take place after LIEVICK is in default. 
3. LIEVICK is entitled to terminate the agreement with the customer if the customer does not fulfill its obligations under the agreement in full or in a timely manner, or if LIEVICK has knowledge of circumstances that give it good reason to fear that the customer will not be able to fulfill its obligations properly. 

Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of LIEVICK in the fulfillment of any obligation to the Customer cannot be attributed to LIEVICK in a situation independent of the will of LIEVICK, as a result of which the fulfillment of its obligations to the Customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of LIEVICK. 
2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions. 
3. If a force majeure situation occurs that prevents LIEVICK from fulfilling 1 or more obligations to the customer, those obligations will be suspended until LIEVICK is able to fulfill them again. 
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part. 
5. In a force majeure situation, LIEVICK shall not be liable for any compensation or damages, even if it receives any benefit as a result of the force majeure situation.

Modification of the agreement 

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.

Modification of general terms and conditions

1. LIEVICK may amend or supplement these General Terms and Conditions. 
2. Changes of minor importance may be made at any time. 
3. Major substantive changes will be discussed by LIEVICK with the customer in advance whenever possible.
4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions. 

Transfer of Rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of LIEVICK. 
2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code. 

Consequences of nullity or voidability

1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions. 
2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what LIEVICK had in mind when drafting the terms and conditions on that point.

Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands. 
2. The Dutch court in the district where LIEVICK is located / practices / has its office shall have exclusive jurisdiction to hear any disputes between the parties, unless otherwise required by mandatory law.

Retrieved November 1, 2021.