terms and conditions – Le Petit Beirut

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 execution

Article 12 – Duration transactions: duration, termination, and extension

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 terms shall have the following meanings:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Read all about the cooling-off period.
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;
Day: calendar day;
Duration 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 medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can use when he wishes 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 concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding a contract, without consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur Le Petit Beirut

Sleiman

Melis Stokelaan 474

1813DX Alkmaar

The Netherlands

KvK 77473779

Info@lepetitbeirut.com

Article 3 – Applicability

1.These general terms and conditions apply to every offer from 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 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 general terms and conditions are available for inspection at the entrepreneur’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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request by electronic means or otherwise.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are or become wholly or partially void or voidable at any time, the agreement and these conditions shall remain in force for the remainder and the provision in question shall be replaced by mutual agreement as soon as possible with a provision that approaches the intention of the original as much as possible.

Situations not provided for in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall 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 made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot be a basis for damages or dissolution of the agreement.
Images of products are a true 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 it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the height of the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
how the consumer, before concluding the agreement, can check the information provided by him 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 by electronic means; and
the minimum duration of the distance agreement in case of a durable transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
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 by the entrepreneur has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may inform himself about the consumer’s ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service to the consumer:
the visiting address of the entrepreneur’s establishment where the consumer can address 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;
information about warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3 of these 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.

in the case of a durable transaction, the provision in the previous paragraph shall only apply to the first delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal In the case of product delivery:

In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts the day after the consumer or a pre-designated and previously announced representative of the entrepreneur receives the product.
During the withdrawal period, the consumer will handle the product and packaging with care. 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 accessories provided 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 notify the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form or by means of another clear communication method such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of shipment.

If the customer has not made use of his right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final. In the case of service delivery:
In the case of service delivery, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is concluded.
To exercise his right of withdrawal, the consumer shall adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear no more than the costs of returning the goods.
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 store or conclusive proof of complete return shipment can be provided. Repayment will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of 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 only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been produced according to the consumer’s specifications;
which are clearly of a personal nature;
which, due to their nature, cannot be returned;
which can spoil or age quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software if the consumer has broken the seal;
for hygiene products if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
for which the delivery has started with the express consent of the consumer before the withdrawal 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 that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 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 use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
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 warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or have been treated in a manner contrary to the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving orders for products and assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer shall have the right to dissolve the agreement at no cost. The consumer shall not be entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution 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 within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. It shall be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which aims to regularly deliver 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 concluded for a definite period and which aims to regularly deliver products (including electricity) or services at any time by 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 preceding paragraphs:
- At any time and shall not be limited to termination at a specific time or during a specific period;
- Terminate at least in the same manner as they were entered into by him;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement concluded for a definite period and which aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the preceding paragraph, an agreement concluded for a definite period and which aims to regularly deliver day, 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 by the end of the extension period with a notice period of up to one month.
An agreement concluded for a definite period and which aims to regularly deliver products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months if the agreement aims to regularly deliver day, news, and weekly newspapers and magazines, but less than once a month.
An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiry of the trial or introductory period.

Duration

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 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(1). In the case of an agreement for the provision of a service, 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 the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered 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 by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
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 its discretion, either replace or repair the delivered products free of charge.

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.

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 on a durable medium in an accessible manner.