General terms and conditions

GENERAL TERMS AND CONDITIONS LEONE INTERNATIONAL BV

  1. LEGAL RELATIONSHIP
    1. These General Terms and Conditions apply to all orders and sales, both via the website www.e-leone.be and in the showroom, offered and managed by LEONE INTERNATIONAL BV, KBO no. 0764.954.866, and with its registered office at 3900 Pelt, Astridlaan 115.
    2. Only these general terms and conditions and the purchase order/offer manage the contractual relationship between LEONE INTERNATIONAL and the Purchaser (hereinafter ‘Contract’).
  2. CONTRACT
    1. The placing of an order entails a payment obligation and by this the Purchaser confirms irrevocably and without reservation to have read, understood and accepted the General Terms and Conditions.
    2. The Contract is concluded after confirmation of the order by LEONE INTERNATIONAL.
    3. LEONE INTERNATIONAL retains the right to refuse an order in the case of serious suspicion of abuse of right or lack of good faith, or if a certain product is out of stock.
    4. In the case of cancellation of the Contract before the set delivery date, the cancelling party owes a fixed compensation of the amount of 20% of the value of the Contract with a minimum of € 500 if this takes place more than two (2) weeks before the delivery date and of the amount of 100% if this take place later.
  3. DELIVERY
    1. Products are only delivered to the countries to which www.e-leone.be makes delivery. LEONE INTERNATIONAL aims at the fastest possible delivery. Delivery addresses that have been passed on incorrectly are the responsibility of the Purchaser and may result in extra costs.
    2. The stated delivery dates are not binding, but are given purely as an indication. Delay in the delivery and/or execution may never give cause to fine, compensation, dissolution of the contract or refusal to accept the product.
  4. REVOCATION RIGHT (only in the case of distance selling)
    1. You as Purchaser have the right in the case of distance selling to cancel the purchase, without fine or stating a reason, and this for a period of fourteen (14) calendar days from the day following the delivery of the product. You can find the legal standard form below.
    2. When exercising the revocation right the Purchaser must return the product to LEONE INTERNATIONAL within the fourteen (14) calendar days in the original condition, unused*, undamaged, with all original labels and in the original packaging, in accordance with the return provisions.
    3. LEONE INTERNATIONAL undertakes within the thirty (30) days after receipt of the product to pay back the purchase amount of the product (excluding shipment costs) paid by the Purchaser; this amount must be paid into a bank account number specified by the Purchaser.
    4. *In the case of a bicycle less than one (1) kilometre is sufficient to determine the nature, characteristics and the operation, or ten (10) kilometres in the case of a scooter. This means that if more than one (1) or ten (10) kilometres has been ridden, the revocation right lapses and the bicycle or the scooter is deemed to be used. If the scooter is registered, it will in any case be considered used and even legally considered second-hand and the right of withdrawal will lapse.
    5. If the product is not returned in the correct manner or if the product is a bicycle or scooter on which more than one (1) or ten (10) kilometres has been ridden, LEONE INTERNATIONAL is not bound to pay any amount and the product remains the property of the Purchaser. The Purchaser can then collect the product within the fourteen (14) days from LEONE INTERNATIONAL or at the explicit request of the Purchaser returned to this person at his/her costs. In that case the risk of the return of the product and also the cost of returning it is borne exclusively by the Purchaser.
  5. RETURN
    1. The risks involved in a return are wholly for the Purchaser.
    2. All returns must be packaged in accordance with the shipment guidelines (trackable and adequately protected, where the products cannot move freely) that will be sent to the Purchaser on request by e-mail.
    3. All costs involved in a return are for the account of the Purchaser, with the exception of a return due to damage to the products at the moment of the delivery or if an incorrect product was delivered. The return costs are then compensated by LEONE INTERNATIONAL and the replacement product is sent free of charge as quickly as possible.
    4. Subject to legal obligations LEONE INTERNATIONAL will not take back products whose nature, characteristics or operation have been affected. This is assessed by LEONE INTERNATIONAL on receipt of the return shipment.
  6. OWNERSHIP RISK
    1. LEONE INTERNATIONAL shall remain owner of the products sold until the full payment thereof. However the risk with regard to the products is transferred at the moment of sale.
    2. Any transport or shipment required will take place completely at the costs and risks of the Purchaser.
    3. LEONE INTERNATIONAL has for the products it holds a right of retention on anyone who demands release thereof and these products shall moreover serve as security for LEONE INTERNATIONAL for all claims on the Purchaser.
  7. NO EXCHANGE
    1. Purchased products may not be exchanged or taken back and may not be sent back or exchanged without the written permission of LEONE INTERNATIONAL, with exception for any applicable revocation right, as provided for in article 4.
  8. PRICE AND PAYMENT
    1. The prices are inclusive of VAT, but exclusive of other costs, such as transport. Such costs are stated separately with the order, and included in the total price prior to order.
    2. Only the prices on the order are used, with the exception of obvious errors in the price stated. In the latter case LEONE INTERNATIONAL retains the right to refuse the order and the Purchaser has the option to accept the new price, or to cancel the order free of charge.
  9. INVOICE TERMS AND CONDITIONS
    1. All invoices, whose amount has not been settled or not settled in full on the due date, are legally increased with a fixed irreducible compensation, equal to 10% of the amount owed, with a minimum of € 150, without notice of default being required. Moreover a late-payment interest is owed by law.
    2. In the case of dispute, the Purchaser must contest the invoices of LEONE INTERNATIONAL by means of registered letter within the thirty (30) calendar days after receipt thereof, and this on penalty of inadmissibility.
  10. FORCE MAJEURE
    1. In the case of force majeure, that prevents LEONE INTERNATIONAL from (further) fulfilment, the delivery and other obligations of LEONE INTERNATIONAL are suspended. If the period of force majeure lasts longer than 8 (consecutive) weeks, both parties are authorised to dissolve the contract, without an obligation to compensation.
  11. COMPLAINTS, COMPLAINT PERIOD AND LEGAL WARRANTY
    1. LEONE INTERNATIONAL guarantees that the products conform with the specifications, characteristics and functions given to the Purchaser.
    2. LEONE INTERNATIONAL is liable for all lack of conformity that exists on the delivery and that manifests itself within a period of two (2) years to be calculated from the delivery.
    3. If the lack of conformity occurs after six (6) months after delivery, the Purchaser must prove that this lack already existed at the moment of delivery.
    4. The Purchaser shall enable LEONE INTERNATIONAL, on penalty of inadmissibility, to carry out a thorough investigation, which means that the product is brought in (except in the case of damage) in a normal condition.
    5. If after investigation it is found that the product is faulty, the Purchaser shall opt in the first place for a repair and LEONE INTERNATIONAL during the warranty period will repair, at its cost, all defects or cause them to be repaired.
    6. To calculate the warranty period it is important to prove the purchase or delivery date. The Purchaser should therefore keep the original invoice or a copy thereof.
    7. The Purchaser should inform LEONE INTERNATIONAL in writing of all lack of conformity within a period of two (2) months after the determination thereof, on penalty of forfeiture of the right to make a claim due to lack of conformity.
    8. The legal claim lapses in any case one year from the day on which the Purchaser determined the lack of conformity, and this period may not lapse before the end of the warranty period.
  12. LIABILITY
    1. Only if compensation in kind is not possible, the compensation for which LEONE INTERNATIONAL may be liable, whatever the cause, nature or the subject of the claim, is a maximum of fifty (50)% of the invoice value of the product in question, unless in the case of deceit, intentional error or gross negligence. If the Purchaser believes he/she is entitled to such compensation, the Purchaser must prove the defects and damage in a non-contradictory manner.
    2. LEONE INTERNATIONAL may however not be held liable for defects or damage caused by normal wear, intentional or unintentional changes made to the product, careless use or use for purposes for which the product is not intended.
  13. FINAL TERMS AND CONDITIONS
    1. The invalidity of one or more provisions of these General Terms and Conditions shall be without prejudice to the application of the other provisions.
    2. Only Belgian law shall apply.
    3. Subject to any contrary applicable provisions in consumer law all disputes relating to the formation, execution, fulfilment and validity or any other dispute within the framework of the contract, may only be dealt with by the courts in Hasselt.

Standard form for revocation

Dear Customer, you should only complete and return this form if you wish to revoke the Contract.

To LEONE INTERNATIONAL, S.L., CBE no. 0764.954.866, and with registered office at 3900 Pelt, Astridlaan 115.

I/We (*) would like to inform you that I/we (*) revoke our contract regarding the sale of the following goods/supply of the following service (*):

Ordered on (*)/Received on (*):

Name(s) of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date:

(*) Delete as appropriate.