Terms and Conditions

GENERAL CONDITIONS

DEFINITIONS

  1. Lynn Sophie: Lynn Sophie B.V, established in Twello under Chamber of Commerce no. 87177668. Hereinafter referred to as 'Lynn Sophie'.
  2. Customer: the person with whom Lynn Sophie has entered into an agreement.
  3. Parties: Lynn Sophie and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

APPLICABILITY OF GENERAL CONDITIONS

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lynn Sophie.
  2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

PRICES

  1. All prices used by Lynn Sophie are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. Lynn Sophie can change all prices that Lynn Sophie uses for its products, on its website or otherwise announced, at any time.
  3.  Increases in the cost prices of products or parts thereof, which Lynn Sophie could not have foreseen at the time of making the offer c.q. the conclusion of the agreement may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

SAMPLES AND MODELS

If the customer has received a sample or model of a product, the customer cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered with the sample or model match.

RIGHT OF ADVERTISING

  1. As soon as the customer is in default, Lynn Sophie is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Lynn Sophie invokes the right of recovery by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Lynn Sophie, unless the parties make other agreements about this.

RIGHT OF WITHDRAWAL

  1. If you make use of your right of withdrawal, the product, including all delivered accessories and—if reasonably possible—in the original condition and packaging, must be returned to the entrepreneur. If the product or packaging is damaged beyond what is necessary to try the product, we may charge you for the depreciation of the product. Therefore, handle the product with care and ensure that it is properly packaged for return.
    1. The reflection period of 14 days as referred to in paragraph 1 starts on the day after the consumer has received the product.
    2. The consumer can indicate his or her right of withdrawal via contact@lynnsophie.com, if desired using the withdrawal form that can be downloaded from the Lynn Sophie website, www.lynnsophie.com.
    3. The consumer is obliged to return the product to Lynn Sophie within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.
    4. The retailer has a maximum of 14 days after the return notification to refund the order amount, including shipping costs.

    RETURN COSTS REIMBURSEMENT

    If the consumer invokes his right of withdrawal and returns part or the entire order on time, the costs for returning will be borne by the consumer.

    RETENTION RIGHT

    1. Lynn Sophie can invoke her right of retention and, in the event, retain the customer's products until the customer has paid all outstanding invoices with regard to Lynn Sophie, unless the customer has provided sufficient security for those costs.
    2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Lynn Sophie.
    3. Lynn Sophie is never liable for any damage that the customer may suffer as a result of using her right of retention.

    SETTLEMENT

    Unless the customer is a consumer, the customer waives his right to offset a debt owed to Lynn Sophie against a claim against Lynn Sophie.

    RESERVATION OF OWNERSHIP

    1. Lynn Sophie remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations to Lynn Sophie under any agreement concluded with Lynn Sophie, including claims regarding failure to comply.
    2. Until then, Lynn Sophie can invoke her retention of title and take back the goods.
    3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
    4. If Lynn Sophie invokes her retention of title, the agreement will be deemed dissolved and Lynn Sophie will be entitled to claim damages, lost profits and interest.

    DELIVERY

    1. Delivery takes place while stocks last.
    2. Delivery takes place at Lynn Sophie, unless the parties have agreed otherwise.
    3. Delivery of products ordered online will take place at the address specified by the customer.
    4. If the agreed amounts are not paid or are not paid on time, Lynn Sophie has the right to suspend her obligations until the agreed part has been paid.
    5. In the event of late payment, there is a creditor's default, with the result that the customer cannot object to Lynn Sophie for late delivery.

    DELIVERY TIME

    1. The delivery times stated by Lynn Sophie are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
    2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Lynn Sophie.
    3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Lynn Sophie cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

    ACTUAL DELIVERY

    The customer must ensure that the actual delivery of the products he has ordered can take place on time.

    TRANSPORT COSTS

    Transport costs are borne by the customer, unless the parties have agreed otherwise.

    PACKAGING AND SHIPPING

    1. If the packaging of a delivered product is opened or damaged, the customer must inform the forwarder c.q. to have the delivery person make a note, failing which Lynn Sophie cannot be held liable for any damage.
    2. If the customer arranges the transport of a product himself, the customer must report any visible damage to products or packaging to Lynn Sophie prior to transport, failing which Lynn Sophie cannot be held liable for any damage.

    HOLDING

    1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
    2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

    WARRANTY

    1. The warranty with regard to products only applies to defects caused by defective manufacturing, construction or materials.
    2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
    3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.

    EXCHANGE

    1. Exchanging purchased items is only possible if the following conditions are met:
      1. Exchanges will take place within 10 days of purchase upon presentation of the original invoice
      2. The product is returned in the original packaging c.q. with the original (price) tags
        3. still attached
      3. The product has not yet been used.
    2. Discounted items, items made on Size or items specially customized for the customer and sale items cannot be exchanged.

    INDEMNIFICATION

    The customer indemnifies Lynn Sophie against all claims from third parties related to the products and/or services supplied by Lynn Sophie.

    COMPLAINTS

    1. The customer must examine a product or service provided by Lynn Sophie as soon as possible for any shortcomings.
    2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Lynn Sophie of this as soon as possible, but in any case within 14 days after discovering the shortcomings. set.
    3. Consumers must inform Lynn Sophie within 14 days of discovering the shortcomings.
    4. The customer provides as detailed a description as possible of the shortcoming, so that Lynn Sophie is able to respond adequately.
    5. The customer must demonstrate that the complaint relates to an agreement between the parties.
    6. If a complaint relates to ongoing work, this cannot in any case result in Lynn Sophie being obliged to perform work other than that agreed.
    7. For complaints, customers should first contact Lynn Sophie. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual agreement, the customer should then contact WebwinkelKeur (https://www.webwinkelkeur.nl/consument/geschil/), which will mediate free of charge. You can check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the customer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding, and both Lynn Sophie and the customer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the customer to the relevant committee. 

    NOTICE

    1. The customer must provide notice of default in writing to Lynn Sophie.
    2. It is the customer's responsibility that a notice of default actually reaches Lynn Sophie (in a timely manner).

    SEVERAL LIABILITY OF CUSTOMER

    If Lynn Sophie enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Lynn Sophie under that agreement.

    LYNN SOPHIE LIABILITY

    1. Lynn Sophie is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
    2. If Lynn Sophie is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
    3. Lynn Sophie is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
    4. If Lynn Sophie is liable, this liability is limited to the amount of the order placed. And furthermore, not higher than the insured amount of the Professional Liability Insurance.
    5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

    EXPIRY PERIOD

    Any right of the customer to compensation from Lynn Sophie expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

    RIGHT TO DISSOLUTION

    1. The customer has the right to terminate the agreement if Lynn Sophie imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
    2. If the fulfillment of the obligations by Lynn Sophie is not permanently or temporarily impossible, dissolution can only take place after Lynn Sophie is in default.
    3. Lynn Sophie has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Lynn Sophie has become aware of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.

    FORCE MAJEURE

    1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Lynn Sophie to fulfill any obligation towards the customer cannot be attributed to Lynn Sophie in a situation independent of Lynn Sophie's will. , which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Lynn Sophie.
    2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, pandemic, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government regulations, unforeseen transport problems, bad weather conditions and work stoppages.
    3. If a force majeure situation occurs as a result of which Lynn Sophie cannot fulfill one or more obligations to the customer, those obligations will be suspended until Lynn Sophie can meet them again.
    4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
    5. Lynn Sophie is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.

    AMENDMENT OF THE AGREEMENT

    1.     If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

    CHANGE OF GENERAL TERMS AND CONDITIONS

    1. Lynn Sophie is entitled to change or supplement these general terms and conditions.
    2. Changes of minor importance can be made at any time.
    3. Lynn Sophie will discuss major substantive changes with the customer in advance as much as possible.
    4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

    TRANSFER OF RIGHTS

    1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Lynn Sophie.
    2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

    CONSEQUENCES OF NULLITY OR VOIDABILITY

    1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
    2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Lynn Sophie had in mind on that point when drawing up the conditions.

    APPLICABLE LAW AND JURISDICTION

    1. Every agreement between the parties is exclusively governed by Dutch law.
    2. The Dutch court in the district of Utrecht has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.