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Terms and conditions

Table of Contents

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Read all about the cooling-off period
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows 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 cooling-off period;
  7. Model form: the model form for withdrawal made available by the entrepreneur that a consumer can complete 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 concluded within the framework of a system organised by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to be together in the same room at the same time;
  11. Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Last Bucks
Lorentzstraat 2
6902PZ Zevenaar
Nederland


E-mail info@last-bucks.com
Chamber of Commerce number: 97899151
VAT number: NL005298120B59

Article 3 – Applicability

  1. These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can store them in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer, at their request, electronically or in another way.
  4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.
  5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced without delay, by mutual agreement, by a provision that approximates the intention of the original provision as closely as possible.
  6. Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and which actions are required for this;
  • 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 amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of 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 organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
    • the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
    • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing after-sales service;
    • the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data 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 of indefinite duration.
  1. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
  2. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, has received the product.
  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in the 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 make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must notify this by means of the model form or by another means of communication, such as by email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal and the product has not been returned to the entrepreneur, the purchase is a fact.

For delivery of services:

When services are supplied, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.

  1. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be for his account.
  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 withdrawal. The condition here is that the product has already been received back by the online retailer or that conclusive evidence of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
  3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that are created by the entrepreneur in accordance with the consumer’s specifications;
    • that are clearly of a personal nature;
    • that, by their nature, cannot be returned;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
    • that are individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • relating to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
    • whose performance has begun with the express consent of the consumer before the cooling-off period has expired;
    • relating to bets and lotteries.

Article 9 – The price

  1. 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 resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement as from the day on which the price increase takes effect.
  5. The prices mentioned 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 and 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 stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
  4. The warranty period of the entrepreneur corresponds to the factory 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.
  5. The warranty does not apply if:
  • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
  • the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 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 executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any 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 in accordance with 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 to be impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur’s expense.
  7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing performance contracts: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the 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 not be restricted to termination at a specific time or in a specific period;
  • at least in the same way as they were entered into by the consumer;
  • always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

  1. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, provided that 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 that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to 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 tacitly continued and will end 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 the principles of reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer the reasonable costs made known in advance.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicised 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a notice 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, the consumer must first contact the entrepreneur. If the complaint cannot be resolved by mutual agreement, the consumer has the option to register the complaint via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, 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 terms and conditions relate, even if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

  1.  
  1. Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
  2. Reviews
  • We believe it is important that reviews provide the most accurate and independent picture possible of our products and service.
  • Our customers are not rewarded for writing reviews. No discounts, gifts or other benefits are provided.
  • All reviews are collected and displayed in an impartial manner so that the consumer gets a reliable picture of the experiences of other customers.
  1. Communication by email
  • The entrepreneur may contact the consumer by email for service messages related to the order or delivery.
  • The entrepreneur may also inform the consumer by email about relevant promotions and offers.

The consumer can easily unsubscribe from promotional messages at any time by using the unsubscribe option in the email or by indicating this by email.