Term & conditions

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection Period: the period during which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration Transaction: a distance contract related to a series of products and/or services, with obligations of delivery and/or purchase spread over time;
5. Durable Medium: any means that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future consultation and unaltered reproduction of the stored information;
6. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
7. Model Form: the model form for withdrawal made available by the entrepreneur, which a consumer can fill out when they wish to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance Contract: a contract whereby, in the context of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made up to and including the conclusion of the contract of one or more techniques for remote communication;
10. Technique for Remote Communication: a means that can be used to conclude a contract without the consumer and the entrepreneur simultaneously meeting in the same space;
11. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Lagripro B.V.
Ambachtsweg 11A
6662 NV, Elst (GLD)
Netherlands

Phone number: 0850602299
Email address: info@lagripro.com
Chamber of Commerce number: 18041536
VAT identification number: NL803709808B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to any remote agreement and orders between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the remote agreement is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
3. If the remote agreement is concluded electronically, and in deviation from the previous paragraph, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge to the consumer upon request.
4. In cases where specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply similarly, and the consumer may, in case of conflicting terms and conditions, invoke the most favorable applicable provision.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms and conditions shall remain in force for the remaining parts, and the provision in question will be promptly replaced in mutual consultation by a provision that closely approximates the purpose of the original.
6. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these will be a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer includes information so that the consumer can clearly understand the rights and obligations associated with the acceptance of the offer. This particularly includes:
   • the price, including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and the actions required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and performance of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the rate for remote communication, if the costs of using the remote communication technique are calculated on a different basis than the regular base rate for the used communication medium;
   • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
   • the manner in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them as part of the agreement;
   • any other languages in which the agreement can be concluded in addition to Dutch;
   • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically; and
   • the minimum duration of the remote agreement in the case of a duration transaction.

Article 5 - The Agreement

1. The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may – within legal parameters – investigate whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the remote agreement. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to its execution.
5. Upon delivery of the product or service to the consumer, the entrepreneur will provide the following information in writing or in a manner that allows the consumer to store it on a durable medium:
   • the visiting address of the entrepreneur's business establishment where the consumer can submit 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 warranties and existing after-sales service;
   • the details included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer, or a representative previously designated by the consumer and notified to the entrepreneur, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all provided accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer should communicate this intention using the model form or another means of communication, such as email. After indicating their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by supplying proof of shipment.
4. If the consumer has not expressed their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

For the provision of services:

1. In the case of service provision, the consumer has the right to dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement was concluded.
2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or no later than upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they will bear the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the retailer or conclusive proof of complete return can be presented. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has failed to provide all legally required information about the right of withdrawal, which must be given before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been manufactured according to the consumer's specifications;
   • that are clearly personal in nature;
   • that, due to their nature, cannot be returned;
   • that spoil or age quickly;
   • whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
   • for single issues of newspapers and magazines;
   • for audio and video recordings and computer software where the consumer has broken the seal;
   • for hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
   • whose delivery has begun with the explicit consent of the consumer before the reflection period has expired;
   • regarding betting and lotteries.

Article 9 - The Price

1. 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.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market and beyond the entrepreneur’s control. This link to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the agreement is concluded are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
   • these are due to legal regulations or provisions; or
   • the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement.
3. All products are subject to statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery.
5. The warranty does not apply if:
   • the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
   • the delivered products have been exposed to abnormal conditions, are handled carelessly, or are treated contrary to the entrepreneur’s instructions and/or those on the packaging;
   • the defect is entirely or partially due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed 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 or can only partially be fulfilled, the consumer will receive notification no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to offer a replacement item. The consumer will be informed in a clear and understandable manner, at the latest upon delivery, that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. 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 and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and is not restricted to termination at a specific time or within a particular period;
   • at least in the same way as they were entered into by the consumer;
   • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

1. An agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
2. In deviation from the previous paragraph, an agreement entered into for a definite period, which provides for the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
3. An agreement entered into for a definite period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or a maximum notice period of three months if the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically continued and ends automatically after the trial or introductory period.

Duration

1. 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 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has a duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs that were communicated in advance.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of 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 contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option of having their complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and consumer agree to this binding decision. Presenting a dispute to this dispute committee involves costs that the consumer must pay to the relevant 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 entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.