Terms & 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 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Continuous transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
The following definitions apply to these conditions:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Term contract: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which extends over a certain period of 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 unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in if 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 in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more distance communication techniques are used exclusively until the conclusion of the contract;
Distance communication technology: means by which a contract can be concluded without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
LENO Europe B.V.;
De Stad 1
5688NX Oirschot
The Netherlands
Telephone number: +44(0)121-3685589
Email address: info@homepanel.co.uk
Chamber of Commerce number: 93530625
VAT identification number:
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 reasonable, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions can, in derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in a manner that is readable by the consumer or simply stored on a durable medium. If this is not reasonable, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly and in the event of conflicting general terms and conditions, the consumer can always invoke whichever provision is most favorable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or are declared void, the contract and these General Terms and Conditions shall otherwise remain in force and the provision in question shall be replaced without delay, after mutual consultation, by a provision that is as close as possible to the original.
Situations not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Any ambiguities about the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is 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 good assessment of the offer. If the entrepreneur uses images, these represent a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot lead to compensation or termination of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the contract is concluded and the measures required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance communication fee if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, where it can be inspected by the consumer;
the manner in which the consumer can check the data he has provided under the contract before concluding the contract and, if he so wishes, restore it;
any languages in which the contract can be concluded other than Dutch;
the codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can inspect these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
- The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the specified conditions.
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 agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can withdraw from the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within the framework of the legal provisions, find out whether the consumer can meet his payment obligations and all facts and factors that are important for a responsible conclusion of the distance contract. If, as a result of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information with the product or service in writing or in such a way that it can be stored on a durable medium in an accessible manner for the consumer:
the visiting address of the entrepreneur’s establishment to which the consumer can turn with complaints;
the conditions and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information contained in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a continuing contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off 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 to the entrepreneur with all supplied accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receipt of the product. The consumer must notify this via the model form or via another means of communication, for example by e-mail. After the consumer has communicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not declared that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
When providing services, the consumer has the option to terminate the contract without giving any reason with a notice period of at least 14 days from the day on which the contract was concluded.
To exercise his right of withdrawal, the consumer must follow 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 will bear a maximum of the costs of return.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. The refund will be made via the same payment method that the consumer used, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to negligent handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for the reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as referred to 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 good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:
that were created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been removed by the consumer;
for hygiene products whose seal has been opened by the consumer.
An exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant operations or leisure activities that are to be carried out on a specific date or during a specific period;
whose delivery has started with the consumer’s explicit consent before the expiry of the withdrawal period;
about betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices stated are guide prices are expressly stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are based on statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
these arise from statutory provisions or regulations; or
The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong 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, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than the usual use.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not liable for the final suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partly due to regulations that the government has issued or will issue regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
- The entrepreneur will exercise the greatest possible care when accepting and executing product orders and when examining requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Taking into account the provisions of paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from the deadlines mentioned. Exceeding a deadline does not give the consumer any right to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.
For deliveries within Germany, you agree that the delivery partner used may contact you via WhatsApp, if you use it, to notify you of the delivery. A corresponding GDPR-compliant order processing agreement (AVV) between our shipping service provider and WhatsApp is in place. If you do not use WhatsApp, notification will be made via email or SMS.
Article 12 – Standing transactions: duration, cancellation and extension
Termination
The consumer can terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or within a specific period;
at least terminate in the same way as they were agreed by him;
always terminate with the same notice period that the entrepreneur has agreed for himself.
Extension
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, a contract concluded for a definite period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this extended agreement, he may terminate the extension with a notice period of no more than one month.
A contract concluded for a definite period and extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for the starter (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period has expired.
Duration
If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.
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 referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the moment the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or communicated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, 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 submitted to the entrepreneur within 2 months after the consumer discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with “Valued Shops” and in the event of complaints that cannot be resolved amicably, the consumer must contact “Valued Shops” (www.valuedshops.com), which mediates free of charge. Check at https://www.valuedshops.com/members whether this online store has a current membership. If no solution has yet been found, the consumer has the option of having his complaint processed by the independent dispute resolution body appointed by “Valued Shops”, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution body entails costs that must be paid by the consumer to the relevant body. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/odr).
A complaint does not invalidate the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional or deviating provisions of these General Terms and Conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored on a durable medium in an accessible manner for the consumer.