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Terms & Conditions
ARTICLE 1 DEFINITIONS
In these general terms and conditions the terms set out below have the following meaning, unless explicitly stated otherwise or if the context indicates otherwise:
a. LEVENT : the user of these general terms and conditions: LEVENT, with its registered office at the Oranjelaan 89 Dordrecht, registered with the Chamber of Commerce with
CoC number ; 72754451
b. customer: the natural or legal entity entering into an agreement with www.levent.it;
c. agreement: the agreement between the customer and LEVENT ;
d. website: the website www.levent.it
Article 2 General
2.1 These general terms and conditions apply to every agreement entered into between LEVENT and the customer in respect of which LEVENT has declared that these general terms
and conditions apply, insofar the parties have not explicitly and in writing or electronically (via-email) varied these general terms and conditions.
2.2 These general terms and conditions also apply to all agreements with LEVENT, for the performance of which third parties have to be engaged.
2.3 Any possible variations of these general terms and conditions are only valid if these have been explicitly agreed in writing or electronically.
2.4 The applicability of any possible purchase conditions or other conditions of the customer is explicitly rejected.
2.5 In the event one or more of the provisions of these general terms and conditions are void or are declared void, the remaining provisions of these general terms and conditions remain fully in effect.
In such event LEVENT and the customer shall enter into consultation in order to agree new provisions in replacement of those void, or those declared void, provisions whereby the objective and
meaning of the original provision shall be taken into account as far as possible.
Article 3 Offers and quotations
3.1 All offers are subject to alteration without notice unless the offer states a term for acceptance.
3.2 Images, prices and any other information provided by LEVENT are subject to changes and are not binding on LEVENT .
3.3 LEVENT is not bound by its offer in the event of printer’s errors, misprints or programming errors in its catalogues, mailings or on the website.
3.4 The prices stated for offered products are in euros inclusive of VAT and exclusive of shipping costs.
Article 4 Images
All images, drawings, information, regarding dimensions, colours etc of the offered products included on the website, in leaflets or in other publications, are only approximately and
cannot give rise to compensation and/or termination.
Article 5 Formation of the agreement
5.1 The agreement is formed the moment the customer accepts the offer and satisfies the accompanying conditions.
5.2 If the customer has accepted the offer electronically, LEVENT confirms without delay electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance
has not been confirmed, the customer can terminate the agreement.
Article 6 Amending the contract
6.1 If during the performance of the agreement it appears that for a proper performance it is necessary to change or make addition to the activities to be carried out, LEVENT shall contact the customer.
6.2 If the parties agree that the agreement is to be amended or supplemented and the time of the completion of the performance could be influenced. LEVENT shall inform the customer of such as soon as possible.
6.3 If the amendment of or addition to the agreement has financial and/or qualitative consequences, LEVENT shall inform the client of such in advance.
Article 7 Delivery and delivery terms
7.1 Products ordered via the website are shipped to the address provided by the customer.
7.2 The delivery times stated by LEVENT are not to be viewed as strict deadlines.
7.3 The delivery times stated by LEVENT commence the moment the order is confirmed.
7.4 In the event any delivery term as confirmed by LEVENTis exceeded, LEVENT can only be held accountable insofar such exceeding can be attributed to its action and/or omissions.
7.5 A contribution to the shipping costs is stated separately on the website prior to the moment of ordering.
7.6 If the customer orders more than one product, it might be delivered in more than one delivery.
7.7 As soon as the goods to be delivered have been delivered to the customer at their place of destination, the risk related to these products transfers to the customer.
Article 8 Payment
8.1 Payment for products which have been ordered via the website can be made in manners as indicated during the ordering process.
Article 9 Retention of title
Regardless of actual delivery, the ownership of the products only transfers to the customer after he has fully satisfied all that is due by reason of any agreement with LEVENT .
Article 10 Termination
10.1 The customer being a consumer is entitled during 7 working days after receipt of the product to terminate the agreement without giving reasons and to return the delivered product provided it has
not been used, is unaltered and has its original labels, packaging etc. In the event of such termination LEVENT shall within 30 days after receipt of the product reimburse the sum paid.
10.2 If the customer terminates the agreement in accordance with paragraph 1 of this article, the shipping costs relating to the return of this product are for the account of the customer.
10.3 LEVENT is entitled to terminate the agreement if the customer does not fulfil the obligations resulting from the agreement.
10.4 In addition LEVENT is entitled to terminate the agreement or have it terminated if circumstances arise which are of such a nature that the performance of the contract is impossible or,
according to the criteria of reasonableness and fairness, can no longer be required or if any other circumstances arise of such nature that an unaltered upholding of the agreement cannot reasonably
be expected.
Article 11 Complaints procedure and prescription
11.1 The customer is obliged to check the delivered products immediately and to report any defect within the qualified period. If the customer is a consumer, notification within a period of 2 months
after the detection of the defect is in time. Complaints must be reported to:
LEVENT
Oranjelaan 89
3311 DJ Dordrecht
The Netherlands
e-mail: [email protected]
11.2 LEVENT will deal with any complaints within 30 days. In the unlikely event that processing a complaint within the term of 30 days is not possible, the customer will be informed of the length
of the delay.
11.3 Complaints about defects will not be dealt with if they are the result of:
a. normal wear and tear; b. improper use; c. no, or incorrectly carried out maintenance; d. amendments or repairs by the customer or third parties;
e. fire, lightning, floods, natural disasters and explosions; f. damage caused by third parties; g. any government regulation regarding the nature or the quality of the materials applied.
11.4 All claims on LEVENT which have not been submitted to LEVENT within 1 year after inception are barred due to prescription, provided that exclusively for consumers a prescription period
of 2 years from delivery of the products applies.
Article 12 Liability
12.1 LEVENT cannot be held liable for any compensation for loss which, directly or indirectly, is the result of:
a. an event, which is in fact outside its control and therefore cannot be attributed to its action and/or omissions, including such as further set out in article 13 of these general terms and conditions.
b. any act or omission by the customer, their employees, or other persons who have been employed by on behalf of the customer.
12.2 LEVENT is not liable for any possible loss caused by the unavailability, temporarily or otherwise, of the possibility to order or the unavailability or removal of its website due to maintenance
or otherwise.
12.3 LEVENT is not liable for loss of whatever nature, if LEVENT acted on the basis of incorrect and/or incomplete information provided by the customer.
12.4 LEVENT is not liable for any possible accidents with the products, through improper or incompetent use for example.
12.5 It is possible that on its website LEVENT includes links to other websites which might possibly be of interest of or are informative to the visitor. Such links are for information purposes only.
LEVENT is not liable for the content of the websites to which it refers or the use that can be made of those.
12.6.LEVENT is never liable for indirect loss including consequential loss, lost profit, lost savings and loss due to business interruption.
12.7 In the event LEVENT should be liable for any loss, the liability of SOAP ATELIER is limited to maximum the amount of the invoice of the order, or at any rate to that part of the order which
relates to the liability.
12.8 The liability of LEVENT is in any event always limited to the amount of insurance payment by its insurance company in the relevant case.
12.9 The limitation of liability for direct loss included in these general terms and conditions do not apply if the loss is caused by intentional acts or gross negligence by LEVENT or its employees.
Article 13 Force Majeure
13.1 There is force majeure on the part of LEVENT if, amongst other things, LEVENT is prevented from fulfilling its obligations under the agreement or to carry out the preparation for such
as a result of: war, threat of war, civil war, riot, revolution, vandalism, fire, water damage, flood, government measures, import and export barriers, defects in materials, non-availability of materials,
strike, embargos, factory sit-in, irreplaceable employees, transport problems as a result of weather conditions and traffic disturbances, all this both in the company of LEVENT and in the company
of third parties involved in the agreement.
13.2 Force majeure includes a failure by the suppliers of LEVENT as a result of which LEVENT cannot, not on time or not fully, fulfil its obligations.
13.3 To the extent at the time of the force majeure commenced LEVENT already partially fulfilled its obligations under the agreement or is able to fulfil such and the performed or to be performed
part has independent value, LEVENT is entitled to separately invoice the performed or to be performed part respectively. The customer is obliged to pay these invoices as if they were a separate
agreement.
Article 14 Intellectual property rights
14.1 The customer must fully and unconditionally respect all intellectual property rights resting on the products delivered by LEVENT .
14.2 Without prior written or electronic consent of LEVENT , the customer is not allowed to copy, forward, distribute, reproduce or publish any information, texts, logos, trade marks,
trade names or images acquired by him via the website.
Article 15 Security and internet
LEVENT shall take suitable security measures to protect the website against the risks of unauthorised access to or the amendment, destruction or loss of, any data entered by the customer
via the website, but LEVENT does not provide a guarantee for such.
Article 16 Final provisions
16.1 The version of general terms and conditions always applies as was in force at the time of the formation of the agreement unless, after entering into the agreement,
the customer has accepted the applicability of the revised version of the general terms and conditions.
16.2 The parties will only appeal to the courts after they have made every effort to resolve any dispute in mutual consultation.
16.3 Every agreement between LEVENT and the customer is governed by Dutch law.
16.4 In respect of the interpretation of the content and objective of these general terms and conditions, the Dutch text will always prevail.
16.5 Any dispute in respect of agreements between the customer and LEVENT are to be resolved by the competent court in the Netherlands within whose jurisdiction LEVENT
has its place of business. The customer being a consumer has, after LEVENT has invoked this provision in writing towards the customer, for the resolution of the dispute 1 month to
choose the court which has jurisdiction according to the law