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 6 – 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 – Long-term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for remote sales of products and/or services, in which, up to and including the conclusion of the agreement, only one or more means of remote communication are used;
Means of remote communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Lennart
E-mail address: contact@bylenn.art
Chamber of Commerce (KvK) number: 61478660

Registered address (Not a visiting address):
Vestaplein 72
1521 AN, Wormerveer

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established 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 can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms shall otherwise remain in effect, and the relevant provision will be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Any uncertainties about the interpretation or content of one or more provisions of these terms 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 non-binding. The entrepreneur is entitled to modify and adjust 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, they 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 details in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer includes such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly includes:
- The price, including taxes;
- Any applicable shipping costs;
- The manner in which the agreement will be concluded and the necessary steps for this process;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;
- The costs of remote communication if they are calculated based on a different rate than the regular base rate for the used communication method;
- Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
- The way in which the consumer, before concluding the agreement, can check and, if desired, correct the information they provided as part of the agreement;
- The possible languages, besides Dutch, in which the agreement can be concluded;
- The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes electronically; and
- The minimum duration of the distance contract in the case of a long-term transaction.
- Optional: Available sizes, colors, and types of materials.

Article 5 – The Agreement

The agreement is established, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, 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 transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations, as well as any other facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a request or order with reasons provided or to attach special conditions to its execution.
The entrepreneur shall provide the following information to the consumer with the product or service, either in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:
- The physical address of the entrepreneur’s business location where the consumer can lodge complaints;
- The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
- Information about guarantees and existing after-purchase services;
- The data included in Article 4, paragraph 3 of these terms and 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 it has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the agreement without providing any reason within 14 days. This cooling-off period starts on the day after the consumer or a previously designated representative, who has been made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product, including all supplied accessories, and—if reasonably possible—in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made in writing, such as via email. After informing the entrepreneur of their decision to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the returned goods were sent on time, for example, by means of a shipping receipt.
If the consumer does not communicate their intention to withdraw within the timeframes stated in paragraphs 2 and 3, or if they fail to return the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this refund is subject to the condition that the returned product has been received by the online retailer or that conclusive proof of complete return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer or at least before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control and may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
Service agreements, after full execution of the service, but only if:
- The execution began with the consumer’s explicit prior consent; and
- The consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully executed the agreement.
Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of execution, and other than for residential purposes, transportation of goods, car rental services, and catering.
Agreements related to leisure activities, if the agreement specifies a particular date or period of execution.
Custom-made products manufactured according to consumer specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person.
Perishable products or products with a limited shelf life.
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Products that, due to their nature, become irreversibly mixed with other products after delivery.
Alcoholic beverages whose price was agreed upon at the time of the contract but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
Sealed audio, video recordings, and computer software whose seal has been broken after delivery.
Newspapers, periodicals, or magazines, except for subscriptions to them.
The delivery of digital content not provided on a physical medium, but only if:
- Execution has begun with the consumer’s explicit prior consent; and
- The consumer has acknowledged that this means they lose their right of withdrawal.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to alterations in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices if they are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependence on market fluctuations and the fact that any stated prices are guide prices shall be explicitly mentioned in the offer.
Price increases within three months after the agreement has been concluded are only allowed if they result from legal regulations or provisions.
Price increases that take effect more than three months after the agreement has been concluded are only permitted if:
- They result from legal regulations or provisions; or
- The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply 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 stated in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations in effect on the date of the agreement’s conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in an unused condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used in violation of the entrepreneur’s instructions and/or those stated on the packaging;
- The defect is wholly or partly caused by government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.
The delivery address shall be the address provided by the consumer to the company.
In accordance with Article 4 of these general terms and conditions, the company shall process accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled (or only partially fulfilled), the consumer shall be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation.
In the event of cancellation under the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product is impossible, the entrepreneur shall make every effort to provide a replacement item. Before delivery, it will be clearly communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items, and return costs shall be covered by the entrepreneur if the consumer chooses to return the replacement item.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite-term agreement for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination conditions and with a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the specified period, subject to the agreed termination conditions and with a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time, without being restricted to termination at a specific time or period;
- In the same manner as the agreement was originally entered into;
- With the same notice period as the entrepreneur has set for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed duration.
By exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be automatically renewed for a maximum of three months, provided that the consumer may terminate the extended agreement with a notice period of no more than one month at the end of the renewal period.
A fixed-term agreement for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month or, in the case of newspapers and magazines delivered less than once per month, a notice period of no more than three months.
A limited-term agreement for the trial or introductory delivery of daily, news, and weekly newspapers and magazines shall not be automatically renewed and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year, with a notice period of no more than one month, unless termination before the end of the agreed term would be unreasonable and unfair.

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, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer is responsible for immediately reporting any inaccuracies in the provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved through mutual agreement, it will result in a dispute subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products at no cost to the consumer.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer that are governed by these general terms and conditions are exclusively subject to Dutch law, even if the consumer resides abroad.