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Lockpickings Terms and Conditions

General Terms and 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 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination, and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;
  7. Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows for future consultation or use for a period that is appropriate to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, only or partly use is made of one or more techniques for remote communication;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
  12. Technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to come together simultaneously in the same space.

Article 2 – Identity of the entrepreneur

Ties van Grimbergen;

Veldhorststraat 8, 2161ER Lisse;

Phone number: +31 6 29542712

Email address: info@lockpickings.com

Chamber of Commerce number: 63963108

VAT number: NL002246418B21

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
  4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting terms.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
  4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  1. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion from the right of withdrawal;
  3. the information about guarantees and existing service after purchase;
  4. the price including all taxes of the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
  5. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.
  1. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide their reason(s).
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
  1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer about this prior to the ordering process.
  2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
  3. for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content that is not delivered on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide their reason(s).
  2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content that is not delivered on a tangible medium if the right of withdrawal is not communicated:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
  6. If the consumer withdraws after having expressly requested that the performance of the service or the delivery of gas, water, or electricity that has not been made ready for sale begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer does not incur costs for the execution of services or the delivery of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
  1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or;
  2. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity, or district heating during the reflection period.
  1. The consumer does not incur costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
  1. they have not expressly agreed to begin the performance of the agreement before the end of the reflection period;
  2. they have not acknowledged losing their right of withdrawal by granting their consent; or
  3. the entrepreneur has failed to confirm this declaration from the consumer.
  1. If the consumer makes use of their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of the entrepreneur upon withdrawal

  1. If the entrepreneur allows the notification of withdrawal by the consumer electronically, they will send an acknowledgment of receipt without delay after receiving this notification.
  2. The entrepreneur will refund all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
  3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

  1. Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements made during a public auction. A public auction is understood to mean a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
  3. Service agreements, after full execution of the service, but only if:
  1. the execution has begun with the express prior consent of the consumer; and
  2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  1. Package tours as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
  2. Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
  3. Agreements related to leisure activities, if a specific date or period of execution is provided in the agreement;
  4. Products made according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  7. Products that have been irrevocably mixed with other products after delivery by their nature;
  8. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  9. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
  10. Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
  11. The delivery of digital content other than on a tangible medium, but only if:
  1. the execution has begun with the express prior consent of the consumer; and
  2. the consumer has declared that he loses his right of withdrawal.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of legal regulations or provisions; or
  6. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Compliance with the agreement and additional guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any commitment from the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
  3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and extension

Termination:

  1. The consumer may terminate an agreement that has been entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a definite period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the definite duration, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned 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 manner as they were entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that is entered into for a fixed term and that involves the regular delivery of products (including electricity) or services may not be silently extended or renewed for a specified duration.
  2. Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a maximum duration of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement that is entered into for a fixed term and that involves the regular delivery of products or services may only be silently extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case where the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently continued and will automatically end after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
  2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
  4. If the consumer does not timely fulfill his payment obligation(s), he is, after being pointed out by the entrepreneur regarding the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the absence of payment within this 14-day period, liable for statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the subsequent €2,500; and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
  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 response.
  4. If the complaint cannot be resolved within a reasonable period or within 3 months after the complaint has been submitted through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.