General terms and conditions

Article 1 – Definitions

1. Levantu: Levantu, established in Reeuwijk, Chamber of Commerce number 85720968.
2. Customer: the person with whom Levantu has entered into an agreement.
3. Parties: Levantu and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Levantu.
2. Levantu and the Customer may only deviate from these conditions if this has been agreed in writing.
3. Levantu and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 – Prices

1. Levantu uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Levantu may always change the prices of its services and products on its website and in other communications.
3. Levantu and the Customer agree on a total amount as a guideline price for a service provided by Levantu, unless otherwise agreed in writing.
4. Levantu may deviate up to 10% from the target price.
5. Levantu must inform the Customer in a timely manner why a higher price is justified if the target price is more than 10% higher.
6. The Client may cancel the part of the order that exceeds the target price (plus 10%) if the target price increases by more than 10%.
7. Levantu may adjust prices annually.
8. Levantu will communicate price adjustments to the Customer prior to their entry into force.

9. A consumer may cancel the agreement with Levantu if he or she does not agree with the price increase.

Article 4 – Payments and payment terms

1. When entering into the agreement, Levantu may request a down payment of up to 50% of the agreed amount.
2. The Customer must have made a deferred payment within 0 days after delivery.
3. Levantu's payment terms are strict deadlines. This means that if the Customer fails to pay the agreed amount by the last day of the payment term, they are automatically in default, without Levantu needing to send the Customer a reminder or give notice of default.
4. Levantu may make delivery dependent on immediate payment or require security for the total amount of the services or products.
5. The Customer pays for products immediately.
6. When entering into the agreement for a service, Levantu may request a deposit of up to 50% of the agreed amount.
7. The Customer must pay invoices to Levantu within 0 days after the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
8. The payment terms stated are final. If the Customer fails to pay the amount by the last day of the payment term, they are automatically in default, without Levantu needing to send the Customer a reminder or give notice of default.
9. Levantu may make delivery conditional on immediate payment or require security for the total amount of the service.

Article 5 – Right of complaint

1. If the Customer is in default, Levantu may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
2. Levantu exercises its right to make a complaint by means of a written or electronic notice to the Customer.

3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Levantu, unless otherwise agreed in writing.
4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 7 – Right of withdrawal

1. A consumer may cancel an online purchase within 30 days after purchase without giving any reason. This right of withdrawal does not apply if:

• it is a product that can spoil quickly, such as food or flowers
• it is a product that has been tailor-made or adapted specifically for the consumer
• it is a product that cannot be returned for hygiene reasons, such as underwear and swimwear
• the seal is not intact, when it comes to data carriers with digital content such as DVDs or CDs
• the product or service concerns accommodation, travel, a restaurant business, transport, a catering order or a form of leisure activity
• the product is a loose magazine or loose newspaper
• it concerns an emergency repair
• it concerns betting and/or lotteries
• the consumer has waived his right of withdrawal
• it concerns a service that is fully performed within the cooling-off period with the Customer's consent and where the Customer has expressly stated that he waives the right of withdrawal

2. The 30-day reflection period in paragraph 1 commences:

• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has concluded an agreement for the delivery of a service
• once the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can use their cooling-off period by sending an email with that subject to info@levantu.nl, possibly using the withdrawal form available on the Levantu website, levantu.nl

4. The consumer is obliged to return the product to Levantu within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Article 8 – Reimbursement of delivery costs

1. If the consumer has cancelled their purchase in time and returned the entire order to Levantu in time, Levantu will refund any shipping costs paid by the consumer within 5 days of receiving the order that has been returned in full on time.
2. Delivery costs will only be borne by Levantu if the entire order is returned.

Article 9 – Reimbursement of return costs

1. If the consumer exercises his right of withdrawal and returns the entire order on time, Levantu will pay the costs for this.

Article 10 – Right of suspension

1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 11 – Right of retention

1. Levantu may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Levantu, unless the Customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Levantu.
3. Levantu is not liable for any damage suffered by the Customer as a result of the use of its right of retention.

Article 12 – Settlement

1. Unless the Customer is a consumer, he waives his right to offset a debt to Levantu against a claim on Levantu.

Article 13 – Retention of title

1. Levantu remains the owner of all delivered products until the Customer has paid all outstanding invoices from Levantu relating to an underlying agreement, including claims due to failure to perform.

2. Until that time in paragraph 1, Levantu may exercise its retention of title and take back the goods.

3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Levantu exercises its retention of title, the agreement will be terminated and Levantu may claim damages, lost profits and interest from the Customer.

Article 14 – Delivery

1. Delivery will take place while stocks last.

2. Delivery takes place at Levantu, unless otherwise agreed.

3. Delivery of products ordered online will take place at the address specified by the Customer.

4. If the Customer fails to pay the agreed amounts or fails to pay them on time, Levantu may suspend its obligations until the Customer pays.
5. In the event of late payment, the creditor is in default, which means that the Customer cannot object to late delivery to Levantu.

Article 15 – Delivery time

1. Levantu's delivery times are indicative. If delivery is delayed, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Levantu.

3. The Customer will not receive any compensation and may not cancel the agreement if Levantu delivers later than agreed. The Customer may cancel the agreement if this has been agreed upon in writing or if Levantu cannot deliver within 14 days, after receiving written notice or if the Customer and Levantu have agreed otherwise.

Article 16 – Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 17 – Transport costs

1. Levantu will pay the costs for transport, unless the Customer and Levantu have agreed otherwise in writing.

Article 18 – Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Levantu liable for any damage.

2. If the Customer arranges the transport of a product themselves, they must report any visible damage to the product or packaging to Levantu prior to transport. If the Customer fails to do so, they cannot hold Levantu liable for any damage.

Article 19 – Insurance

1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:

• delivered goods that are necessary for the performance of the underlying agreement
• Levantu items that are present at the Customer's premises
• goods delivered under retention of title

2. The Customer shall make the policy of these insurances available for inspection at Levantu's first request.

Article 20 – Storage

1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 21 – Warranty

1. When the Client and Levantu have entered into an agreement with a service-providing nature, this only contains an obligation of effort on Levantu's part and therefore not an obligation of result.

2. The warranty on products applies only to defects caused by defective workmanship or construction or defective materials.
3. The warranty does not apply:

• in case of normal wear and tear

• for damage caused by accidents

• for damage caused by changes made to the product

• for damage caused by negligence or improper use by the Customer

• when the cause of the defect cannot be clearly determined

4. The risk of loss, damage or theft of the products supplied by Levantu passes to the Customer as soon as they are legally or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product for the Customer.

Article 22 – Exchange

1. The customer may exchange a purchased item. The following conditions apply:

• Exchanges will take place within 30 days after purchase, provided the Customer can show the original invoice.
• the product is returned in the original packaging and with the original price tag attached
• the product has not yet been used

2. Discounted items, perishable products, custom-made items, or items specially adapted for the Customer cannot be exchanged.

Article 23 – Execution of the agreement

1. Levantu will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. Levantu may have the agreed services performed in whole or in part by others.

3. The agreement will be implemented in consultation and after written agreement and payment of any advance payment by the Customer.
4. The Customer must ensure that Levantu can commence the execution of the agreement on time.

5. If the Customer does not ensure that Levantu can start on time, any additional costs resulting from this will be borne by the Customer.

Article 24 – Provision of information by the Customer

1. The Client shall make all information, data and documents relevant to the correct performance of the agreement available to Levantu in a timely manner and in the desired form and manner.
2. The Client guarantees the accuracy and completeness of the information, data and documents provided, even if these originate from third parties, unless otherwise follows from the nature of the agreement.

3. When and to the extent the Customer requests this, Levantu will return the relevant documents.

4. If the Client fails to provide the information, data or documents reasonably requested by Levantu, fails to provide them in a timely manner or fails to provide them properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the Client.

Article 25 – Indemnification

1. The Customer indemnifies Levantu against all claims from others relating to the products and/or services supplied by Levantu.

Article 26 – Complaints

1. The Customer must examine any product or service supplied by Levantu as soon as possible for any
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Levantu thereof within 1 month after establishing the
3. A consumer must notify Levantu of the defect within 2 months of discovering it.
4. The Customer must provide as detailed a description as possible of the deficiency so that Levantu can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and
6. If a complaint concerns ongoing work, the Customer cannot demand that Levantu perform work other than that agreed upon.
7. As of February 15, 2016, consumers in the EU can also submit complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being processed elsewhere, you are free to submit it via the European Union platform.

Article 27 – Notice of default

1. The Customer must notify Levantu in writing of any notice of default.

2. The Customer is responsible for ensuring that his notice of default actually reaches Levantu on time.

Article 28 – Customer Liability

1. When Levantu enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 29 – Liability of Levantu

1. Levantu is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If Levantu is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. Levantu is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.

4. If Levantu is liable, this liability is limited to the amount paid by a current (professional) liability insurance policy. If no insurance is in place or no damages are paid, liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and cannot lead to any compensation, cancellation or suspension.

Article 30 – Expiration period

1. Any right the Customer has to claim damages from Levantu expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 31 – Dissolution

1. The Customer may cancel the agreement if Levantu is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.

2. If Levantu is still able to fulfil its obligations, dissolution can only take place after Levantu is in default.
3. Levantu may cancel the agreement with the Customer if the Customer does not fulfil his obligations under the agreement in full or in a timely manner, or if Levantu has become aware of circumstances that give him good reason to assume that the Customer will not fulfil his obligations.

Article 32 – Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Levantu by the Customer cannot be attributed to Levantu in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes:

• an emergency such as a civil war or natural disaster

• default or force majeure of suppliers, delivery personnel or others

• power, electricity, internet, computer or telecom outages

• computer viruses

• strikes

• government measures

• transportation problems

• bad weather conditions

• work stoppages

3. If a force majeure situation occurs as a result of which Levantu cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Levantu can fulfil them.

4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and Levantu may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, Levantu is not obliged to pay any compensation to the Customer, even if Levantu benefits from this.

Article 33 – Amendment of the agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and Levantu can adjust the agreement.

Article 34 – Amendment of general terms and conditions

1. Levantu may change these terms and conditions.

2. Levantu may always implement changes of minor importance.

3. Levantu will discuss major changes with the Customer in advance as much as possible.

4. A consumer may terminate the underlying agreement in the event of a significant change to the general terms and conditions.

Article 35 – Transfer of rights

1. The Customer may not transfer any rights under an agreement with Levantu to others without the written consent of Levantu.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 BW.

Article 36 – Consequences of nullity or voidability

1. If one or more provisions of these terms and conditions prove to be null and void or voidable, this will not affect the remaining provisions of these terms and conditions.
2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Levantu had in mind when drawing up the conditions on that point.

Article 37 – Applicable law and competent court

1. These general terms and conditions and any underlying agreement between the Customer and Levantu are governed by Dutch law.
2. The court in the district where Levantu has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Levantu, unless the law provides otherwise.

Drafted on September 24, 2023.