Terms of service
In these terms and conditions, the following words have the following meanings, unless the context indicates otherwise:
Reflection period means the period within which a consumer can make use of his right of withdrawal;
Consumer means the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day means calendar day;
Digital Content means data produced and delivered in digital form;
Durable data carrier means any tool - including e-mail - that enables a consumer or Smashed Lemon to store information that is personally addressed to them in a way that facilitates future consultation or use for a period that is appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal means the possibility for a consumer to waive the distance contract within the cooling-off period;
Distance Agreement means an agreement that is concluded between Smashed Lemon and a consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. of one or more remote communication techniques;
Withdrawal form means the form included in the Annex to these terms and conditions for a consumer to waive the distance contract within the cooling-off period;
Smashed-Lemon means the company Active Cheetah BV, located at Weesperstraat 124, 1112 AP Diemen, Netherlands and registered in the Trade Register of the Chamber of Commerce under number 80900542; and Website means the website of Smashed Lemon, are the www.smashed-lemon-com.
- These general terms and conditions apply to every offer from Smashed Lemon and to every distance contract concluded between Smashed Lemon and a consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrierIf this is not reasonably possible, before the distance contract is concluded, Smashed Lemon will indicate how the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. .
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second will apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
- Obvious mistakes or errors in the range of products, digital content and/or services do not bind Smashed Lemon.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, Smashed Lemon will immediately confirm receipt of the acceptance of the offer electronically.
RIGHT OF WITHDRAWAL
- The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 30 days without giving reasons.
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order:the day on which the consumer, or a third party designated by him, has received the last productSmashed Lemon may, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times;
- if the delivery of a product consists of several shipments or parts:the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; or
- in the case of agreements 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.
- The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier during 30 days without giving reasons.
- The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
TREATMENT OF PRODUCT DURING THE COOLING OFF PERIOD
- During the cooling-off period, the consumer will handle the product and the packaging with careHe will only unpack or use 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 shop.
- The consumer is liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
EXERCISE OF THE RIGHT OF WITHDRAWAL
- When the consumer makes use of his right of withdrawal, he must report this to Smashed Lemon within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
- As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Smashed LemonThis is not necessary if Smashed Lemon has offered to collect the product itselfThe consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Smashed Lemon.
- The risk and the 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 the provision of the service commences during the cooling-off period, the consumer owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
ACTIVE PANTHER'S OBLIGATIONS UPON REVOCATION
- If Smashed Lemon makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after receipt of this notification.
- Smashed Lemon will reimburse all payments made by the consumer, including any delivery costs charged by Smashed Lemon for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal.Unless Smashed Lemon offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that it has returned the product, whichever is the earlier.
- Smashed Lemon uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another methodThe refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Smashed Lemon does not have to reimburse the additional costs for the more expensive method.
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, Smashed Lemon can offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Smashed Lemon has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products and/or services include VAT.
FULFILLMENT AGREEMENT AND EXTRA WARRANTY
- Smashed Lemon guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
- In any case, no claim can be made under paragraph 1 of this article (i) in the event of damage caused by intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to failure to observe or taking the instructions for use or instructions for use.
- An additional guarantee provided by Smashed Lemon's supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Smashed Lemon on the basis of the agreement if Smashed Lemon has failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean any obligation of Smashed Lemon, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .
EXECUTION OF AGREEMENT AND DELIVERY
- Smashed Lemon will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to Smashed Lemon.
- The consumer must provide the correct address and e-mail address to Smashed LemonAny changes to this must also be passed on to Smashed Lemon in a timely mannerIf the consumer has provided an incorrect address for delivery, the additional shipping costs will be borne by the consumer.
- Delivery takes place while stocks last.
- The ownership of delivered products is transferred to the consumer after the amount due has been paidThe risk of the products passes at the time of delivery to the consumer.
- Smashed Lemon will execute accepted orders within 1 day at the latest, unless a different delivery period has been agreedIf the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 1 day after he has placed the order.In that case, the consumer has the right to dissolve the agreement without costs.
- After dissolution in accordance with the previous paragraph, I-Wannahave will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with Smashed Lemon until the moment of delivery to the consumer or a pre-designated representative made known to Smashed Lemon, unless expressly agreed otherwise.
- Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 30 days after the conclusion of the agreement.In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Smashed LemonPayment orders for giro and banking institutions are for the account and risk of the person who gives the order (or authorisation) for payment.
ACCOUNTS AND REGISTRATION
- The consumer can create an account or otherwise register on the website. Smashed Lemon reserves the right to refuse an application for such registration or to cancel the registration, for example after detecting irregularities.
- The login details are strictly personal and may not be made available to third partiesThe consumer is responsible for the use of his login details, even if this happens without his knowledge.
- The consumer will immediately warn Smashed Lemon if he suspects that his login details are known to a third party or if irregularities occur in any other way.
- The consumer is not allowed to apply for or manage more than one accountFurthermore, the consumer is not allowed to (again) apply for or manage an account after Smashed Lemon has refused the consumer's application for an account or has canceled an account of the consumer after registration.
Smashed Lemon and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to it, and neither under the law, a legal act or generally accepted views for its bill comes.
- Smashed Lemon has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to Smashed Lemon as soon as possible after the consumer has discovered the defects.
- Complaints submitted to Smashed Lemon will be answered within a period of 2 days from the date of receiptIf a complaint requires a foreseeable longer processing time, Smashed Lemon will respond within 2 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
PRIVACY AND SECURITY
- Smashed Lemon respects customer privacy. Smashed Lemon handles and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection RegulationThe customer agrees to this processingActive Panther uses appropriate security measures to protect the customer's personal data.
- For more information about privacy, please refer to the Smashed Lemon website.
- Any deviations from these general terms and conditions can only be agreed in writingNo rights can be derived from such deviations with regard to legal relationships entered into later.
- Barring evidence to the contrary, the administration of Smashed Lemon serves as proof of the requests and/or orders made by the consumer.The consumer acknowledges that electronic communication can serve as proof.
- Smashed Lemon is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notification to you.
- If and insofar as any provision of the general terms and conditions is declared null and void or is annulled, the other provisions of these general terms and conditions will remain in full force.Active Panther will then adopt a new provision to replace the invalid/annulled provision, whereby the purport of the invalid/annulled provision will be taken into account as much as possible.
Only Dutch law applies to agreements, and all non-contractual obligations arising therefrom, between Smashed-Lemon and the consumer to which these general terms and conditions apply.
Annex Withdrawal Form
To:Smashed-Lemon, Weesperstraat 124, 1112 AP Diemen, The Netherlands.
I hereby inform you that I revoke our agreement regarding the purchase of the following order:
Order or order number:
Ordered/received on (dd-mm-yyyy):
Enter the date on which you received your order or the date of your order above.
First and last name:
Street name + house number:
Sign this form if you are not sending this form by e-mail but by post.