General terms and conditions

Leapp BV uses the General Terms and Conditions for Electrical Retail Trade 2017. Read these general terms and conditions carefully so that you are aware of your rights and obligations as a customer.

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Article 1 Definitions and general provisions

  1. Company: the natural person or legal entity that acts as a seller in the context of its trade, business, craft or profession and is a member of Techniek Nederland, or is affiliated with a commercial cooperation organisation of companies that is a member of Techniek Nederland.
  2. Consumer: the natural person who acts as a buyer for purposes outside his trade, business or profession.
  3. Electrical Disputes Committee: Electrical Disputes Committee, PO Box 90.600, 2509 LP The Hague (www.degeschillencommissie.nl ).
  4. The agreement between the company and a buyer to which these general terms and conditions apply is exclusively governed by Dutch law.
  5. The AVED 2017 are fully applicable, unless otherwise agreed in writing.
  6. Articles 8, 9, 10 and 11 do not apply to an agreement concluded between a company and a consumer.

Article 2 Conformity and warranty

Any guarantee provided by the company, manufacturer or importer does not affect the statutory rights that the consumer can assert against the company under the agreement.

Article 3 Retention of title

The Company shall retain ownership of the product sold until the Buyer has fully met its payment obligations, including any amounts owed by it in connection with its failure to meet its obligations.

Article 4 Payment

  1. The buyer pays the price immediately and in cash upon delivery of the product, unless otherwise agreed. Cash payment also includes crediting the amount due to a bank account specified by the company.
  2. Payments made by the buyer will first be used to pay any costs and interest due and then to pay the oldest outstanding claims, even if the buyer states that the payment relates to a later invoice.

Article 5 Terms

In the event of late delivery, the company will only be in default after the buyer has given the company written notice of default, unless there is a fixed delivery date (fatal deadline).

Article 6 Purchase on trial

When purchasing on trial, the product is at the buyer's risk from the moment of delivery.

Article 7 Delivery of products

If after three consecutive written notifications, the last of which by registered letter, from the company to the buyer that he must cooperate in the delivery of the product, the buyer has failed to collect or receive the product for a period of one month, the company has the right to terminate the agreement and to sell and deliver the product to a third party. The damage suffered by the company can be offset against the down payment made by the consumer. Articles 8, 9, 10 and 11 do not apply to an agreement concluded between a company and a consumer.

Article 8 Price increase

If one or more cost price factors increase before the delivery of the product, the company has the right to charge the buyer for the additional costs concerned.

Article 9 Collection

If the buyer is in default and the company proceeds to collect the amount owed to him, all associated costs shall be borne by the buyer, unless the company chooses to determine these costs as a fixed amount of 15% of the amount to be collected. The delay damages shall be fixed at the statutory interest in accordance with article 6:119a BW.

Article 10 Force Majeure

Force majeure also includes: failure by the company's suppliers to meet their obligations, transport difficulties, fire, strike or work stoppage, import or trade bans.

Article 11 Compensation

  1. The damage suffered by the buyer as a result of a shortcoming by the company will be compensated up to a maximum of the price of the product. Consequential damage and damage due to late delivery will never be eligible for compensation.

  2. Article 7:21 of the Civil Code is excluded.

  3. The right to compensation for damage lapses if the buyer has not invoked this in writing and with reasons in a timely manner. In the case of visible defects, this is within 48 hours after delivery and in the case of all other defects within 14 days after discovery of the damage.

  4. Damage will not be eligible for compensation if it comes to light later than 12 months after delivery of the product to the buyer.

  5. Damage resulting from repair/installation work carried out (whether or not in connection with the item sold) will not be eligible for compensation if it comes to light more than three months after the work was carried out.

  6. The company is not obliged to compensate the customer for any damage resulting from force majeure.

Article 12 Electrical Disputes Committee

  1. Disputes between the consumer and the company regarding the conclusion or performance of the agreement with regard to the services and goods to be supplied or supplied by the company can be submitted to the Electrical Disputes Committee by both the consumer and the company.
  2. The Electrical Disputes Committee will only handle a dispute if the consumer has first submitted his complaint to the company within a reasonable time.
  3. If the complaint does not lead to a solution, the dispute must be submitted to the Electrical Disputes Committee in writing or in another form to be determined by the Electrical Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the company.
  4. If the consumer submits the dispute to the Disputes Committee for Electrical Engineering, the company is bound by this choice. If the company wishes to submit the dispute to the Disputes Committee for Electrical Engineering, it must ask the consumer in writing or in another appropriate form to state within five weeks whether it agrees to this. The company must also announce that it considers itself free to submit the dispute to the ordinary court after the expiry of the aforementioned period.
  5. The Disputes Committee Elektro will render a decision in accordance with the provisions of the regulations applicable to it. The decision of the Disputes Committee Elektro will be in the form of binding advice. A fee is due for the handling of a dispute.
  6. Only the ordinary court or the Electrical Disputes Committee is authorised to hear a dispute between the consumer and the company.

Article 13 Dispute resolution by the court

For disputes submitted to the court, the court in the district where the company is located has jurisdiction.

Article 14 Compliance Guarantee

  1. Techniek Nederland guarantees the consumer that the company will comply with the binding advice of the Disputes Committee for Electrical Engineering. The compliance guarantee will be suspended if the company or the consumer submits the binding advice to the court for annulment within two months after it was sent by the Disputes Committee for Electrical Engineering. The compliance guarantee will be revived if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding.
  2. The compliance guarantee from Techniek Nederland is subject to a limit of a maximum of €2,750 per binding advice.
  3. Techniek Nederland will implement the compliance guarantee on condition that the consumer transfers his claim on the company to Techniek Nederland up to a maximum of the amount to be paid out.
  4. In the event of suspension of payment, debt restructuring, bankruptcy or termination of business of the company, Techniek Nederland's compliance guarantee will not apply, unless the Electrical Disputes Committee has dealt with the dispute at a hearing and has made a final decision before the date of granting of suspension of payment, entry into force of debt restructuring, declaration of bankruptcy or termination of business activities.
  5. In the event of suspension of payment, debt restructuring, bankruptcy or termination of the company's business, the total amount to be paid by Techniek Nederland to consumers on the basis of the compliance guarantee shall not exceed €10,000 per company. Techniek Nederland will handle consumer appeals to the compliance guarantee in the order in which the written appeal to the compliance guarantee is received.