General conditions

General Terms and Conditions of LA FEEMY

Table of Contents:

  1. Definitions
  2. Identity of LA FEEMY
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Consumer Obligations During the Reflection Period
  8. Exercising the Right of Withdrawal by the Consumer and Associated Costs
  9. Obligations of LA FEEMY Upon Withdrawal
  10. Exclusion of the Right of Withdrawal
  11. The Price
  12. Performance and Extra Warranty
  13. Delivery and Execution
  14. Duration Transactions: Duration, Termination, and Extension
  15. Payment
  16. Complaints Procedure
  17. Disputes
  18. Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance agreement and these items, digital content, and/or services are delivered by LA FEEMY or a third party based on an arrangement between that third party and LA FEEMY.
  • Reflection Period: The period within which the consumer can exercise the right of withdrawal.
  • Consumer: The natural person who is not acting for purposes related to his trade, business, craft, or profession.
  • Day: Calendar day.
  • Digital Content: Data produced and delivered in digital form.
  • Duration Agreement: An agreement for the regular delivery of goods, services, and/or digital content over a specific period.
  • Durable Data Carrier: Any tool, including email, that allows the consumer or entrepreneur to store information personally addressed to them in a way that is suited to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information.
  • Right of Withdrawal: The possibility for the consumer to cancel the distance agreement within the reflection period.
  • Distance Agreement: An agreement concluded between LA FEEMY and the consumer in the context of an organized system for remote sale of products, digital content, and/or services, where up to and including the conclusion of the agreement, only or also one or more techniques for distance communication are used.
  • Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions.
  • LA FEEMY: The legal entity as further defined in Article 2, which offers products, (access to) digital content, and/or services remotely to consumers as outlined in these general terms and conditions.
  • Technique for Distance Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously in the same room.

Article 2 – Identity of LA FEEMY

  • Name of the Business: LA FEEMY
  • Registered Address: Bartholomeodiaz Street 8
  • Email Address: info@lafeemy.com
  • Chamber of Commerce Number: 77956133
  • VAT Identification Number: NL003270625B68

Article 3 – Applicability

These general terms and conditions apply to every offer from LA FEEMY and every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, LA FEEMY will indicate how the general terms and conditions can be consulted and that they will be sent to the consumer free of charge upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available electronically before the distance agreement is concluded, in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request. If, in addition to these general terms and conditions, specific product or service terms apply, the provisions of the second and third paragraphs of this article apply accordingly, and in the event of conflicting conditions, the consumer can always invoke the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If LA FEEMY uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind LA FEEMY. Each offer contains such information that is clear to the consumer about the rights and obligations associated with the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein. If the consumer has accepted the offer electronically, LA FEEMY will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by LA FEEMY, the consumer can cancel the agreement. After receipt of this confirmation, it is no longer possible for the consumer to cancel or annul the agreement: however, the consumer can make use of the right of withdrawal (Article 6). If the agreement is concluded electronically, LA FEEMY takes appropriate technical and organizational measures to secure the electronic transmission of data and provides a secure web environment. If the consumer can pay electronically, LA FEEMY will use appropriate security measures for this purpose. LA FEEMY may – within legal limits – investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If LA FEEMY has good grounds to refuse to conclude the agreement based on this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution. LA FEEMY will provide the following information in writing or in such a way that it can be stored by the consumer on a durable data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:

  • The visiting address of LA FEEMY’s establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on guarantees and existing service after purchase;
  • The price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • If the consumer has a right of withdrawal, the model withdrawal form. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

The consumer can dissolve an agreement relating to the purchase of a product within a reflection period of at least 14 (fourteen) days without stating reasons. LA FEEMY may ask the consumer for the reason for withdrawal but cannot oblige them to provide it. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

  • If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. LA FEEMY may, provided that they have informed the consumer clearly before the ordering process, refuse an order of multiple products with different delivery times.
  • If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
  • In the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:

The consumer can dissolve a services agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without stating reasons. LA FEEMY may ask the consumer for the reason for withdrawal but cannot oblige them to provide it. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium if Not Informed About the Right of Withdrawal:

If LA FEEMY has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. If LA FEEMY has provided the information mentioned in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 – Consumer Obligations During the Reflection Period

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as they would in a store. The consumer is only liable for the decrease in value of the product resulting from a manner of handling the product that goes beyond what is allowed in paragraph 1. The consumer is not liable for the decrease in value of the product if LA FEEMY has not provided the consumer with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If a consumer exercises their right of withdrawal, they must notify LA FEEMY within the cooling-off period using the model withdrawal form or another unequivocal method.

The consumer must return the product as soon as possible, but no later than 14 days from the day after the notification mentioned in paragraph 1, either by sending it back or handing it over to LA FEEMY (or a representative of LA FEEMY). This does not apply if LA FEEMY has offered to collect the product themselves. The return period is observed if the consumer sends the product back before the cooling-off period has expired.

The consumer must return the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and according to any reasonable and clear instructions provided by LA FEEMY.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If LA FEEMY has not informed the consumer that they must bear these costs, or if LA FEEMY indicates that they will cover the costs themselves, the consumer does not have to pay for the return.

The consumer does not incur costs for the full or partial delivery of digital content not provided on a tangible medium if:

  • They have not expressly consented to the start of the performance of the contract before the end of the cooling-off period;
  • They have not acknowledged that they lose their right of withdrawal by giving their consent; or
  • LA FEEMY has failed to confirm this declaration from the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of LA FEEMY upon Withdrawal

If LA FEEMY allows for withdrawal notifications electronically, they will promptly send an acknowledgment of receipt upon receiving the notification.

LA FEEMY will refund all payments made by the consumer, including any delivery costs charged by LA FEEMY for the returned product, without undue delay, but no later than 14 days from the day LA FEEMY is notified of the withdrawal. Unless LA FEEMY offers to collect the product themselves, they may wait to process the refund until they have received the product or the consumer provides proof that the product has been sent back, whichever comes first.

LA FEEMY will use the same payment method used by the consumer for the refund unless the consumer agrees to a different method. The refund will be free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, LA FEEMY does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

LA FEEMY may exclude the following products and services from the right of withdrawal, but only if LA FEEMY has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded:

  • Products or services whose price is linked to fluctuations in the financial market which LA FEEMY cannot influence and which may occur within the withdrawal period;
  • Agreements concluded during a public auction, which is defined as a sales method where products, digital content, and/or services are offered to the consumer who is present or has the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;
  • Service agreements after the full performance of the service, but only if:
    • The performance has begun with the express prior consent of the consumer; and
    • The consumer has declared that they lose their right of withdrawal once LA FEEMY has fully performed the agreement;
  • Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of performance and is not for residential purposes, goods transport, car rental services, or catering;
  • Agreements related to leisure activities if the agreement specifies a particular date or period for the performance;
  • Products made to consumer specifications that are not prefabricated and are made based on an individual choice or decision of the consumer, or are clearly intended for a specific person;
  • Products that spoil quickly or have a limited shelf life;
  • Sealed products that, for reasons of health protection or hygiene, are not suitable for return and where the seal has been broken after delivery;
  • Products that are irrevocably mixed with other products after delivery due to their nature;
  • Alcoholic beverages where the price was agreed upon at the time of the contract but delivery can only take place after 30 days, and the actual value depends on market fluctuations which LA FEEMY cannot influence;
  • Sealed audio, video recordings, and computer software where the seal has been broken after delivery;
  • Newspapers, periodicals, or magazines, except for subscriptions to these;
  • The delivery of digital content not on a tangible medium, but only if:
    • The performance has begun with the express prior consent of the consumer; and
    • The consumer has declared that they lose their right of withdrawal.

Article 11 – Pricing

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

Contrary to the previous paragraph, LA FEEMY may offer products or services subject to fluctuations in the financial market which LA FEEMY cannot influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if LA FEEMY has stipulated this and:

  • They result from legal regulations or provisions; or
  • The consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Fulfillment of the Agreement and Additional Guarantee

LA FEEMY guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, LA FEEMY also ensures that the product is suitable for use other than normal use.

An additional guarantee provided by LA FEEMY, its supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against LA FEEMY in case LA FEEMY fails to fulfill its part of the agreement.

An additional guarantee means any commitment by LA FEEMY, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event of a breach of the agreement.

Article 13 – Delivery and Execution

LA FEEMY will exercise the greatest care in receiving and executing orders for products and assessing requests for the provision of services.

The place of delivery is the address provided by the consumer to LA FEEMY.

Subject to what is mentioned in Article 4 of these terms and conditions, LA FEEMY will execute accepted orders promptly but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be fully or partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without incurring any costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, LA FEEMY will promptly refund the amount paid by the consumer.

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

Article 14 – Ongoing Contracts: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement that has been concluded for an indefinite period and involves the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement concluded for a fixed term and involving the regular delivery of products or services at any time before the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • At any time and is not limited to termination at a specific time or in a specific period;
  • At least in the same manner as these agreements were entered into;
  • Always with the same notice period that LA FEEMY has stipulated for itself.

Renewal:

An agreement concluded for a fixed term involving the regular delivery of products or services may not be extended or renewed automatically for a fixed term.

Contrary to the previous paragraph, an agreement concluded for a fixed term may be automatically extended for a fixed term of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement concluded for a fixed term and involving the regular delivery of products or services may only be automatically extended for an indefinite term if the consumer can terminate it at any time with a notice period of no more than one month.

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 prevent termination before the end of the agreed duration.

     

    Article 15 – Payment

    Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. For service agreements, this period starts the day after the consumer receives confirmation of the agreement.

    In the sale of products to consumers, the consumer should never be required to make an advance payment of more than 50%. If an advance payment is required, the consumer cannot claim any rights regarding the execution of the order or services until the agreed advance payment has been made.

    The consumer is obligated to promptly report any inaccuracies in the provided or stated payment details to LA FEEMY.

    If the consumer does not fulfill their payment obligations on time, they will owe statutory interest on the outstanding amount after LA FEEMY has notified the consumer of the late payment and has given them an additional 14 days to fulfill their payment obligations. If payment is not made within this 14-day period, LA FEEMY is entitled to charge extrajudicial collection costs. These collection costs are capped at:

    • 15% for amounts up to $2,500;
    • 10% for the next $2,500;
    • 5% for amounts over $5,000, with a minimum of $40.

    LA FEEMY may deviate from these amounts and percentages in favor of the consumer.

    Article 16 – Complaints Procedure

    LA FEEMY has a complaints procedure that is sufficiently well-known and will handle complaints according to this procedure. Complaints about the execution of the agreement must be submitted to LA FEEMY within a reasonable time after the consumer has discovered the defects, and must be clearly and fully described.

    Complaints submitted to LA FEEMY will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, LA FEEMY will acknowledge receipt of the complaint within 14 days and provide an indication of when the consumer can expect a more detailed response.

    Article 17 – Disputes

    Agreements between LA FEEMY and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these terms and conditions will be submitted to the competent court in the district where LA FEEMY has its office.

    Article 18 – Additional or Deviating Provisions

    Any additional or deviating provisions from these terms and conditions must not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.