1. Definitions

In these terms and conditions, the following definitions apply:
LTX: Les Trois Excellence B.V. as described in Article 2;
Reflection period: the period within which the Consumer may exercise the right of withdrawal;
Day: calendar day;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
Business Customer: a person acting for purposes related to their trade, business, craft, or profession;
Customer: any natural or legal person who enters into an agreement with LTX;
Website/Webshop: the online platform operated by LTX where products are offered;
Product(s): the tangible goods and/or digital content offered by LTX;
Agreement: any distance contract between LTX and the Customer relating to the purchase and delivery of Products;

2. Identity of the Entrepreneur

Les Trois Excellence B.V.
Claverenbladstraat 35
3833JB LEUSDEN

Chamber of Commerce (KVK): 98334042
VAT: NL868451198B01

3. Applicability

• These terms and conditions apply to every offer made by LTX and to every Agreement concluded through the Webshop. Deviations are only valid if agreed in writing.
• Specific functionalities (such as creating an account) or promotions (such as sales or clearance offers) may be subject to additional terms. In case of conflict, the specific terms shall prevail.

4. Offer and conclusion of the Agreement

• If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
• The online offer contains a complete and accurate description of the Products, including price (VAT included for Consumers; Business Customers may see prices shown both excluding and including VAT) and any additional costs. Obvious mistakes or errors do not bind LTX.
• The Agreement is concluded when the Customer completes the ordering process and confirms the order (for example, by clicking “Place order” / “Buy now”), and LTX confirms the order (for example, by e-mail). If delivery takes place in several partial shipments, each shipment may constitute a separate (partial) agreement.
• If the Agreement is concluded electronically, LTX shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the Customer can make electronic payments, LTX shall observe appropriate security measures for that purpose.

5. Account (optional)

• The Customer may (but is not required to) create an account. The Customer must provide correct and current information and keep login details secure. Misuse or unauthorised use may result in suspension or termination of the account.
  An account is a prerequisite for placing orders.
• If a purchase is not made directly by the Customer through the website, an account may be created for administrative purposes.

6. Prices, costs, and availability

• Prices are those displayed at the time of ordering. For Consumers, prices include VAT; any shipping or delivery costs are stated separately before the order is finalised. For Business Customers, prices may be shown exclusive of VAT, with VAT and costs listed separately.
• LTX may adjust offers and prices in the meantime. An ongoing order will be executed at the price applicable at the time the order was placed, except for obvious errors.

7. Payment

• Available payment methods are displayed before the Agreement is concluded. Payment must be made in accordance with the selected payment method and the relevant payment provider’s conditions. If post-payment is agreed, the period stated on the invoice applies.
• If payment is not made on time, the Customer may owe statutory interest and reasonable collection costs. For Business Customers, LTX may require (partial) advance payment.

8. Delivery, risk, and performance

• Delivery takes place at the address provided by the Customer within the Netherlands (unless otherwise stated). The indicated or communicated delivery time is indicative. In case of delay, LTX will inform the Customer. If a Product remains unavailable, LTX will refund payments for undeliverable Products.
• The risk of loss and/or damage passes to the Consumer upon actual delivery. For Business Customers, the risk may pass at the moment the goods are handed over to the carrier, where legally permitted.
• LTX may make reasonable partial deliveries at no extra cost, unless this would be unreasonable for the Customer.

9. Right of withdrawal (Consumers only)

• Consumers have a 14-day right of withdrawal, starting the day after receiving the Product. Within this period, the Consumer may cancel the Agreement without giving reasons.
• To withdraw, the Consumer may use any clear statement (for example by e-mail) or the European model withdrawal form. After withdrawal, the Consumer has another 14 days to return the Products.
• The Consumer will be refunded all payments, including standard delivery costs, within 14 days after withdrawal, although LTX may wait until the Products are received back or the Consumer proves they have been returned.
• Return shipping costs to LTX are at the Consumer’s own expense, unless otherwise agreed.
• Exclusions: the right of withdrawal does not apply to, among others:
  
  • goods made to the Consumer’s specifications;
  • perishable goods;
  • sealed items not suitable for return for health or hygiene reasons, once unsealed after delivery;
  • digital content not supplied on a tangible medium.
• The statutory right of withdrawal does not apply to Business Customers. LTX may voluntarily accept business returns under additional conditions.

10. Returns, exchanges, and inspection of returned Products

• Returned Products must be complete, undamaged and—where reasonably possible—in their original condition and packaging, including all supplied accessories and documentation. Handle the Product only as necessary to establish its nature, characteristics, and functioning. Any depreciation resulting from excessive handling may be deducted from the refund.
• For perishable or time-sensitive goods, or Products which by their nature cannot be returned, LTX may refuse a return when a legal exclusion applies.

11. Conformity, statutory warranty, and additional commercial guarantees

• LTX guarantees to Consumers that the Products comply with the Agreement and the reasonable expectations based on law (non-conformity). In case of non-conformity, the Consumer is entitled to free repair or replacement, or—if not possible or reasonable—to a price reduction or termination.
• Any commercial guarantees offered by the manufacturer do not affect the Consumer’s legal rights. Compliance with instructions for installation, use, and maintenance may be a condition.
• Business Customers must inspect the Product upon delivery and report visible defects or discrepancies within 48 hours after receipt, and hidden defects within a reasonable time after discovery. Failure to notify in time may forfeit the right to free repair or replacement, insofar as legally permitted.

12. Retention of title

• All delivered Products remain the property of LTX until the Customer has fulfilled all (payment) obligations under the Agreement. The Customer may not encumber or dispose of the Products while ownership has not yet passed, except in the normal course of business for Business Customers.

13. Liability

• LTX is not liable for indirect damage, consequential damage, or loss of profit, except where such exclusion is not permitted by law. Our total liability to Consumers for damages covered by law remains in all cases in accordance with mandatory law. For Business Customers, any liability of LTX (including for breach of contract or tort) is limited to the invoice amount of the relevant delivery (with an absolute maximum of €10,000), except in cases of intent or deliberate recklessness by LTX, or where mandatory law provides otherwise.

14. Force majeure

• Force majeure refers to any circumstance beyond LTX’s control that temporarily or permanently prevents fulfilment, including but not limited to: war, riots, government measures, epidemics/pandemics, strikes, energy or telecommunications failures, fire, water damage, natural disasters, supplier or logistics failures, and similar events. During force majeure, obligations are suspended without liability for damages. If the force majeure lasts longer than six months, either party may terminate the Agreement for the part not yet performed.

15. (Additional) sales conditions for promotions/sales

• Promotional and clearance offers are valid while stocks last and may be subject to limits (e.g. per Customer). Promotional prices cannot be combined with other discounts unless explicitly stated. Obvious price or typographical errors reserved.

16. (Online) house rules & fair use

• Use the Webshop in a normal and respectful manner. It is not permitted to disrupt the operation of the Website, infringe the rights of LTX or third parties, or post misleading reviews. When collecting orders on location (if offered), LTX may apply reasonable safety and store rules (e.g. bag checks, no-smoking policy, accompaniment by staff), provided they are proportionate and clearly communicated.

17. Complaints and disputes

• Do you have a complaint? Please first contact our customer service via info@lestrois.nl or our contact form. We will respond substantively within 14 days, or indicate when you can expect a full reply.
• All agreements are governed exclusively by Dutch law.
• All disputes arising from or related to the Agreement shall be submitted to the competent court of the District Court of Midden-Nederland.

18. Personal data

• We process personal data in accordance with our privacy policy. To perform the Agreement, data may be shared with logistics and payment partners only insofar as necessary and in compliance with applicable legislation (GDPR).

19. Intellectual property

• All (intellectual) property rights to the Website, content, images, and trademarks are owned by LTX or its licensors. Use of such material is only permitted insofar as strictly necessary to place orders or with prior written consent.

20. Final provisions

• If any provision is wholly or partly void or nullified, the remaining provisions remain fully effective, and the invalid provision will be replaced by one that most closely reflects the intent of the parties.
• LTX may amend these terms and conditions. The latest version applies to new orders and will be published on the Website. For ongoing Agreements, the version that applied at the time of conclusion remains in effect, unless a change is required by mandatory law or expressly accepted by the Customer.