Terms and 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 the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Long-term contracts: 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 shall be understood as:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Dag: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for remote communication are used;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur being physically present in the same location simultaneously.
Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Liwolf.com | El Lobo del Comercio Electrónico

Email address: info@liwolf.com

Chamber of Commerce number: 75524864

If the entrepreneur's activity is subject to a relevant licensing system: the

data on the supervisory authority:

If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the location in the EU or the European Economic Area where it is awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
In the event that in addition to these general terms and conditions, specific product or service terms and conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions shall remain in force for the remainder and the relevant provision shall be replaced promptly by a provision that closely approximates the original intent.
Cases not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in the
special:

the price including taxes;
the possible shipping costs;
the manner in which the agreement will be concluded and the actions required for it;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery, and performance of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the fee for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular base rate for the communication device used;
Whether the agreement is archived after its conclusion, and if so, in what manner it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can verify and, if desired, correct the data provided by him within the framework of the agreement;
the possible other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and meeting the conditions set forth therein.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 take appropriate security measures for this purpose.
The entrepreneur may – within legal limits – verify whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse a request or order with justification or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information regarding the product or service, either in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:
the visiting address of the establishment of the entrepreneur 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;
the information about warranties and existing post-purchase service;
the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a long-term transaction, the provision in the preceding paragraph shall only apply to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

In the purchase of products, the consumer has the option to terminate the agreement without giving any reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied 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.
When the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days after receiving the product, by notifying the trader. The notification must be made by the consumer using the model withdrawal form. After the consumer has notified of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by means of proof of shipment.
If the customer has not indicated within the deadlines mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Upon provision of services:

Upon the provision of services, the consumer has the right to terminate the agreement without giving any reasons for a minimum period of 14 days, starting from the day the agreement is entered into.
In order to exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, at most the costs of return shall be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the online retailer or conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation in the value of the product.
The consumer cannot be held liable for any depreciation in the value of the product when the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
which have been made by the entrepreneur in accordance with the consumer's specifications;
be clearly personal in nature;
that cannot be returned by their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
to be carried out regarding accommodation, transportation, restaurant business, or leisure activities on a specific date or during a specific period;
where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 - The price

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.
In deviation from the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any prices mentioned may be indicative prices shall 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 the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the product or service offerings are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal.
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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The return of the products must be done in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or as indicated on the packaging;
The inadequacy is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The address communicated by the consumer to the company shall be deemed the place of delivery.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly and in any event within 30 days, unless the consumer has agreed to a longer delivery period. In the event of a delay in delivery, or if an order cannot be executed in whole or in part, the consumer shall be notified thereof no later than 30 days after placing the order. In such case, the consumer shall have the right to terminate the agreement without incurring any costs. The consumer shall not be entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In case of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being delivered. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any potential return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative previously identified and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term contracts: duration, termination, and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which aims at the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services at any time towards the end of the specified duration, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the previous sections:

terminate at any time and not be limited to termination at a specific time or within a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has negotiated for themselves.

Extension

An agreement entered into for a specified period and which involves the regular supply of products (including electricity) or services, may not be tacitly renewed or extended for a specific duration.
Contrary to the previous paragraph, an agreement entered into for a definite period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months, if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which provides for the regular supply of products or services may only be tacitly renewed for an indefinite duration if the consumer is at all times entitled to terminate it with a notice period of up to one month, and a notice period of up to three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically renewed and shall end automatically upon expiration of the trial or introductory period.

Distance

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 up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless agreed otherwise, the amounts due from the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service agreement, this period commences after the consumer has received confirmation of the agreement.
The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 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 response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur.webwinkelkeur.nl'), this will mediate for free. Check if this online store has an active membership through' https://www.webwinkelkeur.nl/leden/If a solution has not yet been reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the merchant and the consumer agree to abide by this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform.http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.
If the consumer submits a repair request and it turns out that the product is not defective, the seller will charge €75 for this. These costs cover the investigation costs (technician), administrative costs, return label, and shipping label.

Article 15 - Disputes

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

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.