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LOUNGESETLAND
General Terms and Conditions
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Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability and scope (consumer / business customer)
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Cancellation before delivery of standard products
Article 12 – The price
Article 13 – Conformity and warranty
Article 14 – Delivery, shipping and assembly
Article 15 – Transport damage and insurance during delivery
Article 16 – Absence at delivery and storage costs
Article 17 – Retention of title
Article 18 – Default, dissolution and repossession in case of non-payment
Article 19 – Right of retention
Article 20 – Liability
Article 21 – Force majeure
Article 22 – Payment and deposit
Article 23 – Complaints procedure
Article 24 – Disputes and applicable law
Article 25 – Privacy and data processing
Article 26 – Intellectual property and use of content
Article 27 – Additional or deviating provisions
Article 28 – Amendment of the general terms and conditions
Annex I – Model withdrawal form
Annex II – Additional terms and conditions for showroom purchases
Article 1 – Definitions
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract, supplied by Loungesetland or by a third party on the basis of an arrangement between that third party and Loungesetland;
2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
4. Day: calendar day; where ‘working day’ is used in these terms, this excludes Saturdays, Sundays and generally recognised Dutch public holidays;
5. Durable medium: any tool — including e-mail — that enables the consumer or Loungesetland to store information addressed to him personally in a way that allows future consultation and unchanged reproduction;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Loungesetland / the entrepreneur: Loungesetland B.V., established in Barendrecht, trading under the name Loungesetland and accessible via loungesetland.nl;
8. Custom-made product: a product that is manufactured, assembled or customised based on a choice made by the consumer, including — but not limited to — cushion covers, upholstery, colour and fabric combinations, module layouts of lounge sets and products that are specially purchased or configured for the consumer;
9. Distance contract: an agreement concluded between Loungesetland and the consumer within the framework of an organised system for distance selling of products, whereby one or more techniques for distance communication are used up to and including the conclusion of the agreement;
10. Model withdrawal form: the form included in Annex I; this annex does not need to be made available if the consumer has no right of withdrawal for their order;
11. Showroom: the physical location(s) of Loungesetland where products can be viewed and ordered;
12. Business customer: any buyer who does not qualify as a consumer within the meaning of this article, including companies, foundations, associations, sole proprietorships and institutions that purchase products for a business or professional purpose (for example, hospitality, recreation companies or resellers).
Article 2 – Identity of the entrepreneur
Loungesetland B.V.
Trading under the name: Loungesetland
Registered office address: Fennaweg 7, 2991 ZA Barendrecht, The Netherlands
Showroom visiting address: Fennaweg 7, 2991 ZA Barendrecht, The Netherlands
Telephone number: 085 500 0376
Availability: Monday to Saturday from 10:00 to 17:00]
E-mail address: info@loungesetland.com
Website: www.loungesetland.nl
Chamber of Commerce (KvK) number: 97629723
VAT identification number: NL868145312B01
IBAN: NL31 RABO 0357 9728 56
BIC: RABONL2U
Article 3 – Applicability and scope
13. These general terms and conditions apply to every offer from Loungesetland and to every agreement concluded — both at a distance and in the showroom — between Loungesetland and the buyer.
14. The articles concerning the right of withdrawal, conformity, unfair terms and other consumer protection provisions apply exclusively to buyers who qualify as a consumer within the meaning of Article 1. For business customers, these provisions do not apply mandatorily and Loungesetland may deviate from them, even without this being separately stated each time; in particular, no right of withdrawal applies to business customers and the liability limitation of Article 20 applies in full, including for indirect damage.
15. Before the agreement is concluded, the text of these general terms and conditions shall be made available to the purchaser, or it shall be indicated where they can be inspected and that they will be sent free of charge upon request.
16. For an agreement concluded electronically, the text shall be made available by electronic means in a way that allows it to be stored on a durable data carrier.
17. If, in addition to these general terms and conditions, specific product or delivery terms apply, articles 3 and 4 shall apply mutatis mutandis. In the event of conflicting terms, the consumer may invoke the provision most favorable to them.
18. Agreements deviating from these terms are only valid if confirmed in writing or electronically by Loungesetland.
Article 4 – The offer
19. If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
20. The offer contains a complete and accurate description of the products offered. Images are a true representation of the products offered; minor deviations in color, structure, or dimensions resulting from photography, screen settings, or natural materials (such as wood, rattan, wicker, or teak) do not constitute a defect.
21. Obvious mistakes or errors in the offer — including manifest price or typographical errors — are not binding on Loungesetland.
22. Each offer contains sufficient information to enable the consumer to assess the rights and obligations associated with accepting the offer.
23. Shown showroom models may deviate from the new condition due to their use as a demonstration model; this will be explicitly stated when selling showroom models, as well as any deviating warranty or return conditions for these models.
24. If a ordered product is temporarily out of stock, Loungesetland will inform the consumer about this and the expected delivery time, with the option to cancel free of charge if the delay is unacceptable to the consumer.
Article 5 – The agreement
25. The agreement is concluded, subject to article 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.
26. For electronic acceptance, Loungesetland will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer may rescind the agreement.
27. Loungesetland shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment and secure payment methods.
28. Within legal frameworks, Loungesetland may inquire whether the consumer can meet their payment obligations, as well as inquire about other facts and factors important for a responsible conclusion of the agreement. If, on these grounds, Loungesetland has good reasons not to enter into the agreement, it is entitled to refuse an order or attach special conditions to its execution.
29. Loungesetland shall send the legally required information at the latest upon delivery, including the business address for complaints, the conditions of the right of withdrawal (or the exclusion thereof), warranty information, the total price, delivery costs, and payment method.
Article 6 – Right of withdrawal
For products
30. The consumer may rescind an agreement regarding the purchase of a product during a 14-day reflection period without giving any reason, subject to the exclusions in article 10.
31. The reflection period commences on the day after the consumer, or a third party designated by them who is not the carrier, has received the product, with the understanding that:
a. for multiple products in a single order, the reflection period commences on the day of receipt of the last product;
b. for delivery in various shipments or parts, the reflection period commences on the day of receipt of the last shipment or part;
c. for regular delivery during a specific period, the reflection period commences on the day of receipt of the first product.
Extended reflection period for non-information
32. If Loungesetland has not properly informed the consumer about the right of withdrawal, the reflection period expires twelve months after the end of the original reflection period. If Loungesetland provides this information within those twelve months, the reflection period ends 14 days after the day the consumer receives the information.
Article 7 – Obligations of the consumer during the reflection period
33. During the reflection period, the consumer shall handle the product and packaging with care and shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product — as one would be allowed to do in a showroom.
34. The consumer is liable for depreciation resulting from handling the product in a manner beyond what is permitted in section 1. For lounge sets and garden furniture, this includes, among other things: outdoor use, exposure to weather conditions, assembly where the product cannot be disassembled without damage, and removal of hygiene labels from cushions and upholstery.
35. The consumer is not liable for depreciation if Loungesetland has not fully informed them about the right of withdrawal before concluding the agreement.
Article 8 – Exercising the right of withdrawal and its costs
36. If the consumer wishes to exercise their right of withdrawal, they shall notify Loungesetland within the reflection period using the model form or in another unambiguous manner.
37. As soon as possible, but within 14 days of notification, the consumer shall return the product or hand it over to Loungesetland, unless Loungesetland has offered to collect the product themselves.
38. The product shall be returned with all delivered accessories, where reasonably possible in its original condition and packaging, and in accordance with the return instructions provided by Loungesetland. Given the volume and weight of garden furniture, Loungesetland may offer a collection service at cost.
39. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
40. The direct costs of returning the product — including the costs of a collection service for large or heavy products — shall be borne by the consumer, unless Loungesetland has indicated it will bear these costs itself.
41. Upon withdrawal, all supplementary agreements (such as assembly service or delivery insurance) are automatically rescinded.
Article 9 – Obligations of the entrepreneur in case of withdrawal
42. After receiving an electronic notification of withdrawal, Loungesetland shall send an acknowledgement of receipt without delay.
43. Loungesetland shall reimburse all payments made by the consumer, including standard delivery costs, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal. Loungesetland may withhold the reimbursement until it has received the product back or the consumer has supplied evidence of having sent back the product, whichever is the earliest.
44. The reimbursement shall be carried out using the same means of payment as the consumer used for the initial transaction, unless otherwise agreed, and shall be free of charge for the consumer.
45. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery (including delivery with assembly), Loungesetland does not need to reimburse the additional costs.
Article 10 – Exclusion of the right of withdrawal
Loungesetland may exclude the right of withdrawal for the following products and services, provided that this is clearly stated in the offer:
46. Custom-made products manufactured or configured based on an individual choice or decision of the consumer, including lounge sets, cushions, and upholstery in a specifically chosen color, fabric, or modular configuration that is not standardly supplied from stock;
47. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery (e.g., certain cushion covers or textile products);
48. Products that, by their nature, are inseparably mixed with other items after delivery;
49. Service contracts (such as assembly) after the service has been fully performed, provided the performance has begun with the consumer's prior express consent and the consumer has acknowledged that he loses his right of withdrawal once the service has been fully performed;
50. Agreements concluded during a showroom visit where the consumer was physically present and accepted and took the product with them immediately, insofar as this does not concern a distance contract — for such purchases, the legal conformity rules of Article 13 remain in full force, but there is no right of withdrawal.
Article 11 – Cancellation before delivery for standard products
51. For standard stock products (not being custom-made products) that have not yet been shipped or delivered, the consumer may cancel the order free of charge by notifying Loungesetland in writing or electronically before shipment, even if the cooling-off period referred to in Article 6 has not yet commenced.
52. If the product has already been shipped or is in transit at the time of the cancellation notification, the right of withdrawal under Articles 6, 7, 8, and 9 shall apply instead.
53. For custom-made products, paragraph 1 does not apply once production or procurement specifically for the consumer has commenced; Loungesetland will inform the consumer about this upon ordering.
Article 12 – The price
54. During the validity period mentioned in the offer, the prices will not be increased, except for changes in VAT rates.
55. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
56. Price increases from 3 months after the conclusion of the agreement are permitted if Loungesetland has stipulated this and the consumer has the right to terminate the agreement free of charge as of the day the increase takes effect.
57. For products with a longer delivery time (including orders delivered from a container or from abroad), Loungesetland shall inform the consumer as soon as possible about any legally permitted price adjustments resulting from demonstrable cost price increases by suppliers, with due observance of paragraphs 2 and 3.
58. All stated prices include VAT and exclude any delivery, assembly, or collection costs, unless otherwise stated.
Article 13 – Conformity and warranty
59. Loungesetland warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions applicable on the date the agreement was concluded.
60. Any additional (factory) warranty provided by Loungesetland, the manufacturer, or the supplier never affects the legal rights that the consumer can assert against the entrepreneur on the basis of the law and this agreement.
61. Outside the legal conformity period, only the warranty period and conditions provided by the manufacturer as stated on the product page or in the supplied documentation apply; this warranty does not cover normal wear and tear, discoloration due to sunlight, damage due to improper maintenance, improper assembly by the consumer themselves, or use contrary to the maintenance instructions.
62. Garden furniture is intended for outdoor use with due observance of the provided maintenance instructions; damage resulting from failure to comply with these instructions (including failing to cover or store cushions in a timely manner) is for the consumer's account, insofar as this could reasonably have been expected of the consumer.
63. In the event of a justified claim for conformity, the consumer is entitled to free repair, replacement, appropriate price reduction, or dissolution, in accordance with the legal regulations of Book 7 of the Dutch Civil Code; Loungesetland determines in the first instance whether repair or replacement is offered, unless this would be unreasonable.
Article 14 – Delivery, shipping and assembly
64. Loungesetland shall exercise the greatest possible care when receiving and executing orders.
65. The place of delivery is the address that the consumer has made known to Loungesetland.
66. Loungesetland shall execute accepted orders with due speed and at the latest within 30 days, unless a different delivery time has been agreed upon. In the event of a delay, or if an order cannot be filled or can only be filled partially, the consumer will receive notification of this no later than 30 days after placing the order and has the right to dissolve the agreement free of charge, with the right to any damages.
67. Delivery takes place via Loungesetland's own delivery team or via a logistics partner engaged by Loungesetland. Loungesetland will make an effort to communicate a time slot or delivery day prior to delivery; the consumer must be reachable and present at the provided delivery address on the agreed delivery day.
68. Delivery and, if agreed, assembly or placement will not take place until the full agreed amount has been paid. Payment upon delivery means that the consumer pays before or at the latest at the time of delivery; the delivery person will not proceed to unload, unpack, place, or assemble the product until payment has been received, or the PIN transaction has been successful, respectively. If the consumer pays by bank transfer, the amount must actually have been credited to Loungesetland's account before the delivery day; a payment confirmation or transfer receipt from the consumer is not sufficient in itself for this. Loungesetland draws the consumer's attention to the fact that banks apply daily limits for transfers and PIN payments, that an increase in this limit must be requested by the consumer themselves in good time, and that this can take from several hours to a day at most banks.
69. If the consumer cannot pay the amount referred to in paragraph 5 before or upon delivery, Loungesetland is entitled to withhold delivery and, in consultation with the consumer, reschedule it to a later date; in that case, the costs of a failed delivery attempt may be charged in accordance with Article 16.
70. Assembly and/or installation services will only be performed if agreed upon at the time of ordering and at the applicable rates. Without assembly service, assembly remains at the consumer's own expense and risk, in accordance with the supplied assembly instructions.
71. If Loungesetland engages an independent subcontractor for delivery or assembly, Loungesetland remains accountable to the consumer for correct execution; Loungesetland reserves the right to recover any damages demonstrably caused by said subcontractor from them.
72. The risk of damage to and/or loss of products remains with Loungesetland until the moment of delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.
73. After dissolution in accordance with paragraph 3, Loungesetland will refund the amount paid by the consumer without delay.
Article 15 – Transport damage and insurance during delivery
74. The consumer is requested to check the products upon delivery, in the presence of the delivery person, for visible transport damage and to note this (or have this noted) directly on the delivery receipt.
75. The consumer must report transport damage that is not immediately visible to Loungesetland within 48 hours of delivery at the latest via info@loungesetland.com, including photos; failure to report in a timely manner may complicate the consumer's position regarding proof, but does not automatically affect their statutory conformity rights.
76. Damage demonstrably caused during delivery by Loungesetland's own delivery team or a carrier engaged on its behalf will be remedied by Loungesetland free of charge through repair, replacement, or—if that is not possible—reimbursement, taking into account Article 20.
77. For delivery by a carrier engaged by the consumer themselves (e.g., in the case of collection and self-transport), the risk transfers at the moment of handover in Loungesetland’s showroom or warehouse.
Article 16 – Absence upon delivery and storage costs
78. If the consumer is not present or not reachable at the delivery address on the agreed delivery day without having reported this in time (at least 24 hours in advance), Loungesetland is entitled to charge the costs of the failed delivery attempt and a new delivery attempt in accordance with the rates applicable at that time.
79. If a product cannot be delivered within a reasonable period after notification of readiness due to circumstances on the part of the consumer, Loungesetland is entitled to store the product at the consumer's expense and risk and, after prior warning, to charge a reasonable storage fee starting four weeks after the first offered delivery date.
80. The provisions of this article do not affect the consumer's rights under Articles 6 through 11.
Article 17 – Retention of title
81. All products delivered by Loungesetland remain the property of Loungesetland until the consumer has fully complied with all payment obligations under the agreement, including any delivery, assembly, and other costs, as well as any claims due to breach of contract.
82. As long as ownership has not passed to the consumer, the consumer may not pledge, resell, or grant any other right to the products to third parties, other than in the context of normal, domestic use.
83. Notwithstanding the retention of title, the risk for the products transfers in accordance with Article 14, paragraph 9, and Article 15.
Article 18 – Default, dissolution and repossession in case of non-payment
84. If the consumer does not comply with their payment obligation in time, Loungesetland will first send a payment reminder and, in the event of non-payment, a written notice of default with an additional payment term of 14 days, in accordance with Article 22, paragraph 6.
85. If payment is not forthcoming, in whole or in part, after this term, Loungesetland is entitled to dissolve the agreement for the unpaid part and, based on the retention of title in Article 17, to reclaim the delivered product.
86. Repossession will not take place without prior written notice to the consumer, with a term of at least 7 days in which the consumer can still pay. Repossession shall take place exclusively with the cooperation of the consumer at a time established by mutual agreement; Loungesetland will not enter the consumer’s home or garden without their permission.
87. If, after the announcement, the consumer refuses to cooperate with the repossession or if payment is still not forthcoming, Loungesetland is entitled to enforce its claim and the retention of title through legal channels (via a bailiff or the court).
88. The reasonable costs of recovering the product (including transport and labor hours) are for the consumer's account, insofar as these costs result from the consumer's default.
89. Upon repossession, the amount already paid by the consumer will be offset against: (a) a reasonable usage fee for the period the product was in use by the consumer, (b) any reduction in value not resulting from normal use, and (c) the costs of repossession and Loungesetland's outstanding claim, including interest and collection costs in accordance with Article 22, paragraph 6. Any positive remaining balance will be paid out to the consumer within 14 days of repossession.
90. Repossession of the product does not affect Loungesetland's right to compensation for other damages, insofar as these exceed the amount of the set-off in paragraph 6.
Article 19 – Right of retention
91. Loungesetland is entitled to suspend the handover or delivery of products as long as the consumer has not fully satisfied an outstanding claim from a previous order, even if this claim does not relate to the currently ordered product.
92. Loungesetland will inform the consumer prior to invoking this right of retention regarding the outstanding claim and will offer the opportunity to satisfy it.
Article 20 – Liability
93. Loungesetland’s liability for damages resulting from an attributable failure to perform the agreement, or from an unlawful act, is limited to compensation for direct damages up to a maximum of the invoice amount of the order concerned, unless there is intent or deliberate recklessness on the part of Loungesetland.
94. Notwithstanding paragraph 1, Loungesetland’s liability for damage to the consumer’s home, garden, or other property that is demonstrably caused during delivery or assembly by Loungesetland’s own delivery or assembly team is limited to the amount paid out by Loungesetland’s business liability insurance in the case concerned, increased by the excess under that insurance.
95. Loungesetland is never liable for indirect damages, including consequential damage, lost profits, missed savings, or damage due to business stagnation.
96. These limitations do not apply to damage resulting from intent or deliberate recklessness on the part of Loungesetland or its management, nor to damage resulting from death or injury, nor to the extent that mandatory consumer law prescribes more extensive liability.
97. Nothing in this article limits the consumer's legal rights regarding conformity (Article 13) or the right of withdrawal (Articles 6 through 9).
Article 21 – Force Majeure
98. Loungesetland is not required to fulfill any obligation if it is prevented from doing so as a result of force majeure, including but not limited to: delay or failure by suppliers or transporters, extreme weather conditions, strikes, delayed or cancelled sea freight, raw material shortages, and government measures.
99. If the force majeure situation lasts longer than 30 days, the consumer has the right to dissolve the agreement free of charge for the part that has not yet been executed, whereby amounts already paid for that part will be refunded.
Article 22 – Payment and down payment
100. Unless otherwise agreed, amounts due must be paid within 14 days after the start of the cooling-off period, or in the absence thereof, within 14 days after the conclusion of the agreement.
101. Loungesetland determines per order which part must be paid in advance and which part is paid upon delivery, in accordance with Article 14(5) (payment before or at delivery; no unloading, unpacking, placing, or assembly without payment received). For custom-made products (Article 1 and 10), Loungesetland may require full prepayment, given the purchasing or production done specifically for the consumer. In the event of agreed prepayment, the consumer cannot assert any rights regarding the execution of the order until the prepayment has been received.
102. If the consumer pays the amount due upon delivery by debit card, the consumer is responsible for timely increasing any insufficient bank or card limit. Loungesetland accepts no liability for being unable to deliver, or for costs of a failed delivery attempt in accordance with Article 16, as a result of an insufficient payment or transfer limit on the part of the consumer.
103. For orders placed in the showroom for which a down payment has been made, Annex II applies.
104. The consumer must report any inaccuracies in provided payment details to Loungesetland without delay.
105. In case of late payment, the consumer, after being notified of the late payment and having failed to pay within an additional term of 14 days, owes statutory interest on the outstanding amount. Loungesetland is furthermore entitled to charge the incurred extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs Standardization Act (WIK).
Article 23 – Complaints Procedure
106. Loungesetland has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
107. Complaints about the execution of the agreement must be submitted to Loungesetland within a reasonable time after the consumer has discovered the defects, fully and clearly described, via info@loungesetland.com or the contact form on loungesetland.nl.
108. Complaints submitted to Loungesetland will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the consumer will receive an acknowledgment of receipt within those 14 days with an indication of the expected response time.
109. The consumer must give Loungesetland at least 4 weeks to resolve the complaint in mutual consultation.
110. Consumers within the EU can also submit a complaint via the European Commission's ODR platform (ec.europa.eu/consumers/odr).
Article 24 – Disputes and Applicable Law
111. Dutch law applies to all agreements between Loungesetland and the buyer.
112. For consumers residing in another EU Member State, this choice of law does not deprive them of the protection they enjoy under mandatory provisions of the law of their own country of residence, insofar as those provisions cannot be deviated from by agreement.
113. Disputes shall preferably be resolved by mutual consultation. If parties cannot reach an agreement, the District Court of Rotterdam is competent, without prejudice to the consumer's right to submit the dispute to the court competent under mandatory law in their own place of residence within the applicable term.
114. The applicability of the Vienna Sales Convention is excluded.
Article 25 – Privacy and Data Processing
115. Loungesetland processes personal data of the consumer (including name, address, contact details, and order details) in accordance with the General Data Protection Regulation (GDPR) and the privacy policy of Loungesetland, which can be consulted at loungesetland.nl.
116. For the execution of the delivery, Loungesetland may share necessary contact and address details with delivery and logistics partners it has engaged, exclusively as far as necessary for said delivery.
117. Questions about the processing of personal data can be directed to info@loungesetland.com.
Article 26 – Intellectual Property and Content Usage
118. All intellectual property rights regarding the website, house style, brands (including Belito), and product photos, texts, and infographics produced by Loungesetland belong to Loungesetland or its licensors.
119. It is not permitted, without prior written consent from Loungesetland, to copy, edit, or use product photos, texts, or brand expressions of Loungesetland for one's own commercial purposes, including resale via other platforms.
Article 27 – Supplementary or Derogating Provisions
Supplementary provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or on a durable medium.
Article 28 – Amendment of the General Terms and Conditions
Changes to these terms take effect after they have been published in an appropriate manner on loungesetland.nl, with the understanding that in case of changes during the term of an offer, the provision most favorable to the consumer shall prevail.
