1. General

1.1 These Terms and Conditions govern all sales of goods offered by Lekker Brand B.V. (hereinafter referred to as the “Seller”).

1.2 These Terms and Conditions apply solely to the Seller and any customer (“Customer”).

1.3 The main activity of the Seller is the sale and supply of various types of lighters, including pocket, kitchen and universal models (hereinafter referred to as “Products”).

1.4 The Terms and Conditions establish the rights and obligations of both parties in the sale of the Seller’s products. They are the only applicable ones and supersede all other terms unless otherwise expressly agreed in writing by the Seller.

1.5 The Seller reserves the right to make changes or adjustments to these Terms and Conditions at any time. Such changes will take effect immediately upon posting online and will be binding.

2. Customer’s Order and Seller’s Confirmation

2.1 After the Seller receives an order from the Client, unless the Seller rejects the order, they issue an invoice with the specified prepayment amount.

2.2 The Client’s order is considered accepted and confirmed upon receipt of an advance payment on the issued invoice. Until advance payment is received, the Seller is not obligated to fulfill the order.

2.3 The confirmation may be sent by the Seller by email, fax or other written communication and will include the basic terms of the order, such as product name, quantity, price and estimated delivery date.

2.4 The seller reserves the right to refuse to fulfill the order or change its terms before receiving the advance payment. In case of cancellation of the order, the Seller will notify the Client as soon as possible.

2.5 If errors or discrepancies are discovered in a confirmed order, the Customer is obliged to notify the Seller immediately. The Seller will make every reasonable effort to correct errors, but reserves the right to refuse to fulfill an order or change its terms if the errors are material.

2.6 Confirmation of the order does not exclude the possibility of making changes or canceling the order by the Client, if this is agreed with the Seller. All changes or cancellations must be in writing and confirmed by Seller.

3. Prices

3.1 Prices for the Seller’s products are indicated in the invoice and confirmation. Unless otherwise stated, prices shown include standard packaging but do not include Value Added Tax (VAT).

3.2 If the Seller provides a discount, this discount applies only to the delivery specifically stated in the invoice and the seller’s confirmation.

3.3 The customer is responsible for paying the delivery charges for the goods ordered. Delivery costs may vary depending on order volume and destination.

4. Payment Terms

4.1 Unless otherwise expressly stated in Seller’s Confirmation, payment shall be made in the form of clear funds, which shall be received by Seller within thirty (30) days of receipt of advance payment of the invoice. Payment is made by transfer to the bank account specified in the invoice. All payments are made without any deduction for taxes and without set-off or other counterclaims.

4.2 The amount of the prepayment is indicated in the invoice.

4.3 Timely payment for Goods is critical. Seller may, without prejudice to its other rights, charge interest on any amount overdue at a rate equal to either 12% per annum or one and one-half times the prevailing rate under applicable law, whichever is higher, but not exceeding the maximum allowed by law. Interest is accrued daily from the date of delay until the debt is fully repaid. All costs and expenses incurred by Seller in the collection of past due payments (including reasonable attorneys’ fees, expert fees, court costs and other expenses) shall be reimbursed by Customer.

5. Delivery and Risk Transfer

5.1 The delivery of goods is carried out by the Seller. The seller offers standard delivery.

5.2 The cost of delivery is included in the invoice separately and is paid by the Client. 

5.3 The seller is responsible for the risks of damage or loss of the goods until they are handed over to the carrier. After the goods are transferred to the carrier, the risks pass to the Client.

5.4 Delivery times are approximate and depend on the distance of transportation. The seller is not responsible for delays caused by circumstances beyond its control.

5.5 Upon receipt of the goods, the Client is required to sign a proof of delivery. In the event of any discrepancies or damage, the Customer must immediately notify the Seller in accordance with clause 6 of the Terms and Conditions.

5.6 The customer must provide the necessary documents upon receipt of the goods, including proof of delivery, signed delivery note and CMR.

6. Warranties

6.1 All goods are subject to a legal guarantee of conformity (as defined in Article 7:17 of the Dutch Civil Code) and a legal guarantee against hidden defects (as defined in Article 7:18 of the Dutch Civil Code), which entitles the Customer to the return of defective or non-conforming goods. 

However, all products that have been modified repaired or damaged after delivery to Customer or due to misuse or handling are excluded from these warranties. All defects or non-conformities caused by normal wear and tear of the product or caused by a third party are also excluded from these warranties.

The legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of the right of refusal and refund as defined in Article 7 of the Terms and Conditions.

6.2 All products offered by the Seller are subject to a legal guarantee of conformity in accordance with Article 7:17 of the Dutch Civil Code. This means that the goods must comply with the contract, be fit for purpose and meet the customers’ normal expectations.

6.3 The Seller also provides a legal guarantee against hidden defects as provided for in Article 7:18 of the Dutch Civil Code. This means that if a product has hidden defects that render it unfit for use, the Customer is entitled to a free return and replacement of such product.

6.4 The Customer must notify the Seller of any discrepancies or hidden defects within fourteen (14) calendar days from receipt of the products. If the Customer does not notify the Seller within the specified period, the right to refusal and refund may be lost.

7. Cancellation and Refund

7.1 Until the expiration of fourteen (14) calendar days from the date of receipt of the products, the Client may exercise his right of refusal from the Seller. In case of exercising the right of withdrawal, the Client will have to notify the Seller in advance by email to the following address: info@foxlighters.nl. An email sent in this manner will be deemed to be the effective date of the Customer’s right of withdrawal.

Return costs remain the customer’s responsibility. If this right of withdrawal is exercised within the above period, only the price of the returned product and the shipping costs specified in the order will be refunded. Return costs and risks remain the sole responsibility of the Client.

Any return of a product under this clause must be made in the original condition and complete with the product (packaging, accessories, instructions, etc.) to ensure resale. Any returned product must be shipped to the address provided by Seller. Any refund pursuant to this clause will be issued within fourteen (14) business days from the date of receipt of the returned product by Seller.

8. Limitation of Liability

8.1 The Seller’s liability for any and all claims for damages arising out of or in connection with the goods and their use shall in no event exceed the total amount paid by the Customer for the goods that are the subject of the claim. 

Under no circumstances shall the Seller be liable to the Customer or any other party for any special, incidental, indirect, consequential, or punitive damages or losses, costs, or expenses, including but not limited to, damages based on lost goodwill, lost sales or profits, work stoppage, production failures, impairment of other goods, or any other type of damage. 

This limitation applies regardless of whether the claims are based on breach of warranty, breach of contract, misrepresentation, negligence, or any other legal theory.

9. Applicable Law and Dispute Resolution

9.1 The Seller and the Customer agree to make every effort to resolve any disputes or conflicts arising from or related to these Terms and Conditions, the sale of goods, or their use through amicable negotiations.

9.2 If a resolution cannot be reached through amicable negotiations, any disputes or conflicts shall be exclusively subject to the jurisdiction of the courts of the Netherlands. The laws of the Netherlands shall govern these Terms and Conditions, without regard to its conflict of law principles.

10.Customer Service of the Seller

For any information or question on the products or methods of placing or carrying out an order, the Client can contact the Seller:

• by email : info@foxlighters.nl
• by mail: Opaallaan 1180, 2132 LN Hoofddorp, The Netherlands Lekker Brand B.V.