Terms and Conditions
These General Terms and Conditions apply to any use of the website www.leaf-bean.be, to all goods and services available on the site, to all goods and services supplied by Leaf & Bean BV, and to any and all offers, orders, and agreements related thereto.
ARTICLE 1 – DEFINITIONS
In these general terms, the following definitions apply:
1.1 Leaf & Bean BV, a company incorporated under Belgian law, with its registered office at Prinsenpad 126 in 2310 Rijkevorsel BE1037.107.991, and all companies and entities directly or indirectly affiliated with it;
1.2 Customer: the counterparty of Leaf & Bean BV in an Agreement or other legal relationship;
1.3 Agreement: any agreement between Leaf & Bean BV and the Customer and any modification or addition thereto;
1.4 Goods: all tangible items that will be (or are) delivered to the Customer in execution of an Agreement;
1.5 Services: all services to be provided by Leaf & Bean BV to the Customer, including – but not limited to – providing advice;
1.6 Damage: all direct financial loss suffered by the Customer, excluding lost turnover, profit, and/or other consequential damage, but including reasonable costs incurred by accountants, legal advisors, and tax consultants for the assessment of damage and liability;
1.7 Force Majeure: any failure to perform that cannot be attributed to Leaf & Bean BV, because it is not due to its fault and is not for its account under the law, legal act, or generally accepted views;
1.8 Terms: these general terms and conditions of sale and delivery.
ARTICLE 2 – GENERAL
2.1 By using the website and/or the goods and services provided by Leaf & Bean BV, the Customer confirms and guarantees that he/she is 18 years or older and acts on behalf of the company. The Customer undertakes to properly follow all instructions of Leaf & Bean BV, such as, among other things, providing accurate, up-to-date, and complete personal data.
2.2 The Customer undertakes to update personal data within ten (10) days in case of any changes.
ARTICLE 3 – NO UNLAWFUL OR PROHIBITED USE
3.1 The Customer undertakes not to use the goods and services for illegal purposes or in violation of these Terms or any other applicable provisions.
ARTICLE 4 – LIMITATION/TERMINATION
4.1 Leaf & Bean BV reserves the right, in its sole discretion, to terminate the Customer's access to all or part of the services at any time for any reason without prior notice or liability on the part of Leaf & Bean BV. Reasons for such termination include, but are not limited to (a) breach or violation of these Terms, (b) at the request of law enforcement or governmental agencies, (c) unforeseen technical or security issues, and (d) extended periods of inactivity.
ARTICLE 5 – ACCOUNT
5.1 After completing the registration form on the website, the Customer will be assigned an account.
5.2 The Customer is responsible for maintaining the confidentiality of his/her password and account and is fully responsible for all activities that occur under his/her password or account.
5.3 The Customer agrees to (a) immediately notify Leaf & Bean BV of any unauthorized use of his/her password or account or any other breach of security, and (b) ensure that he/she logs out from his/her account at the end of each session. Leaf & Bean BV accepts no liability for any loss or damage arising from the Customer's failure to comply with this provision.
5.4 The Customer hereby agrees to indemnify and hold harmless Leaf & Bean BV against any and all claims that may be brought against Leaf & Bean BV as a result of any use or misuse of his/her password or account by any unauthorized person.
ARTICLE 6 – OFFERS / AGREEMENT
6.1 All offers from Leaf & Bean BV are only binding after the Customer has received a confirmation of receipt from Leaf & Bean BV validating the agreement and/or confirming the order.
ARTICLE 7 – DELIVERY AND SHIPPING INFORMATION
7.1 The delivery times stated by Leaf & Bean BV are indicative only.
7.2 Exceeding any delivery period does not entitle the Customer to compensation for damages, nor does it give the right to cancel his/her order or dissolve the agreement, unless the exceeding of the delivery period is such that the Customer cannot reasonably be expected to maintain the agreement. In that case, the Customer is entitled to cancel the order in writing (by email, fax, or post). If this occurs, Leaf & Bean BV will refund any payments made by the Customer within thirty days, without Leaf & Bean BV accepting any other or further liability.
ARTICLE 8 – RISK DURING TRANSPORT
8.1 The delivery of goods and services takes place at the moment of departure of the goods or services from Leaf & Bean BV's premises. At that moment, the risk of damage, theft, or loss transfers to the Customer.
8.2 If Leaf & Bean BV arranges for the transport and delivery of the goods and services, this does not affect the provisions of paragraph 1 of this article.
8.3 The Customer is obliged to accept the goods and services at the agreed place of delivery and to unload them immediately.
8.4 Upon delivery, the Customer must examine whether the goods conform to the agreement (correct product/service, correct quality, correct quantity, absence of damage, etc.). If the goods or services do not conform to the agreement, the Customer can no longer invoke this if he/she has not notified Leaf & Bean BV thereof in writing and with reasons. The period within which complaints must be communicated is 2 working days after delivery for visible defects, and within two (2) days after discovery or at the latest within thirty (30) days after delivery for invisible defects. Complaints submitted after this period will not be accepted.
ARTICLE 9 – RIGHT OF WITHDRAWAL
For all products purchased from Leaf & Bean BV's webshop, the end-user has a reflection period of 14 days. This period begins at the moment of delivery to the address specified by the end-user, or a third party designated by him. This right of withdrawal does not apply to products created by Leaf & Bean according to the buyer's specifications. This right of withdrawal also does not apply to business customers/end-users.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the goods. Leaf & Bean reserves the right not to refund the depreciation resulting from handling the goods beyond what was necessary to ascertain their nature, characteristics, and functioning.
If the buyer wishes to exercise the right of withdrawal, this must be done within the aforementioned 14 calendar days, starting from the day following the day of product delivery. The consumer can exercise their right of withdrawal by means of an unambiguous statement in which the buyer declares to revoke the agreement, to be sent to the physical or electronic address stated at the bottom of this article. The withdrawal is considered timely if the notification of the right of withdrawal is sent before the 14-day period has expired. There are no costs associated with exercising the right of withdrawal, and no reason needs to be given.
The goods must be returned at the buyer's expense no later than 14 calendar days after delivery. The shipping date serves as verification. If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for this depreciation of the product. Therefore, handle the product with care and ensure it is properly packed when returned.
All accompanying documentation, warranty certificates, and packaging materials must be included with the return, as well as the bank account number to which the purchase amount can be refunded. Payments already received by Leaf & Bean (or advances) will be refunded in full within 14 days of receipt of the goods or the moment the consumer demonstrates that he has returned the goods. If the consumer has chosen a delivery method other than the cheapest standard delivery offered by the company, the additional costs arising from this will not be refunded.
The exercise of the right of withdrawal can be sent to the physical address of Leaf & Bean: Leaf & Bean BV, Prinsenpad 126, 2310 Rijkevorsel, BELGIUM or to the electronic address: info@leaf-bean.be.
The goods can be returned to the physical address just mentioned. Leaf & Bean can be reached as follows: from Monday to Friday from 10:00 AM to 5:00 PM. The costs of returning are borne by the consumer, unless it concerns goods that, due to their nature, cannot be returned by normal mail. In that case, Leaf & Bean can arrange the return with its carrier at a price of 75 EUR per shipment.
ARTICLE 10 – WARRANTY
10.1 Complaints regarding delivered products will only be processed if the products are returned to Leaf & Bean BV within 5 working days after delivery, accompanied by a detailed description of the nature and extent of the defect. After this period, the delivered products are deemed to be satisfactory and the delivery is unconditionally accepted.
10.2 If Leaf & Bean BV deems a complaint justified, the company is only obliged to deliver replacement products as soon as possible and/or to pay out the purchase value by means of a discount voucher or code. The Customer is not entitled to any compensation for damages and/or reimbursement of any shipping costs. The costs of repair and/or investigation costs are for the account of Leaf & Bean BV, provided this falls within the warranty.
10.3 The warranty referred to in this article does not apply in the event that the defect is wholly or partly caused by incorrect, improper, negligent, or unskillful use and/or if you have made any modifications to the products.
ARTICLE 11 – LIABILITY
11.1 The liability of Leaf & Bean BV is limited to the warranty mentioned in article 10.
11.2 In any case, Leaf & Bean BV's liability for the delivery of defective products is limited to direct damage, with a maximum of the agreed price of the relevant products. Liability for indirect damage is excluded unless the damage is the result of our deliberate intent or gross negligence.
11.3 Without prejudice to article 11 paragraph 2, Leaf & Bean BV is not liable in the event that the defect is wholly or partly caused by incorrect, improper, negligent, or unskillful use by the Customer and/or if the Customer has made any modifications to the products.
11.4 The Customer hereby agrees to indemnify and hold harmless Leaf & Bean BV, its subsidiaries, affiliates, directors, agents, and any other party involved in the creation, production, or delivery of the website or the services against any and all claims from third parties due to or arising from the Customer's use of the goods and services and/or the breach of these Terms.
ARTICLE 12 – EVIDENCE
12.1 Unless proven otherwise, Leaf & Bean BV's administration serves as conclusive proof of the orders placed by the Customer, of his/her payment to Leaf & Bean BV, and the delivery of goods and services.
12.2 The Customer hereby agrees that electronic communications may be submitted as evidence.
ARTICLE 13 – CUSTOMS
13.1 Leaf & Bean BV cannot guarantee that customs authorities will not seize the goods ordered by the Customer. If this occurs, Leaf & Bean BV will not reimburse the Customer for any payments.
ARTICLE 14 – PRICES, PAYMENT, AND SETTLEMENT
14.1 The stated prices for the offered goods and services are in euros, including VAT and excluding handling and shipping costs, any taxes, or other levies, unless otherwise stated in writing by Leaf & Bean BV.
14.2 Unless otherwise confirmed in writing by Leaf & Bean BV, all invoices are payable in cash. Payment must be made without discount or compensation.
14.3 Leaf & Bean BV is authorized to set off amounts it claims from the Customer against amounts that Leaf & Bean BV or an affiliated company owes or will owe to the Customer.
14.4 In case of default, all payment obligations of the Customer are immediately due and payable, and Leaf & Bean BV reserves the right to increase the invoice amount by 10% with a minimum of €100 as a fixed and irreducible penalty clause. In addition, in case of default, the Customer owes default interest equal to the Belgian legal interest rate increased by 2%, with a minimum interest rate of 8% on the outstanding amount from the invoice date.
ARTICLE 15 – RETENTION OF TITLE
15.1 The delivered goods remain our property until the full price (including any costs, interest, and any compensation) has been paid. All risks are borne by the buyer. The paid advances remain acquired by us as compensation for possible losses upon resale. In the event that the buyer processes or resells the goods belonging to us, he hereby transfers all claims arising from this resale to us. This retention of title clause also applies in the event of bankruptcy and in all other cases of concurrence.
ARTICLE 16 – FORCE MAJEURE
16.1 Without prejudice to its other rights, Leaf & Bean BV has the right, in case of force majeure, at its own discretion, to suspend the execution of the agreement, or to dissolve the agreement without judicial intervention, without Leaf & Bean BV being liable for any damages, unless this would be unacceptable according to standards of reasonableness and fairness under the given circumstances.
Article 17 – Complaints Procedure
17.1 The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
17.2 Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
17.3 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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
17.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
17.5 In case of complaints, a consumer should first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur; its decision is binding, and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the committee in question.
17.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
17.7 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 18 – MISCELLANEOUS
18.1 Leaf & Bean BV reserves the right to amend these Terms. Such amendments shall take effect immediately upon posting of the amended Terms on the website www.leaf-bean.be and/or notification to the Customer.
18.2 If Leaf & Bean BV, whether tacitly or explicitly, has allowed deviations from these Terms for a short or long period, this does not affect its right to still demand immediate and strict compliance with these Terms. The Customer can never claim any right on the basis that Leaf & Bean BV applies these Terms leniently.
18.3 These Terms and Conditions constitute the entire agreement between the parties and supersede any and all prior and contemporaneous agreements between the parties relating to this subject matter.
18.4 If any provision of these Terms and Conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of these Terms and Conditions, which shall remain in full force and effect.
18.5 These Terms and Conditions are governed by Belgian law. The courts of the district of Turnhout shall have exclusive jurisdiction to rule on any and all disputes relating to these Terms and Conditions.