Terms and Conditions

Article 1

– General

LAKOO.nl is an initiative, trade name and part of LAKOO
LAKOO.nl is involved in and accepts orders regarding the supply of baby products and accessories and services in this area, all in the broadest sense.
LAKOO.nl is involved in orders and deliveries of the above-mentioned goods and services to both consumers and the business market.

Article 2 - Definitions In these General Terms and Conditions (hereinafter referred to as: Terms and Conditions), the following terms are defined as: Customer: any natural person or legal entity who contacts LAKOO.nl about the conclusion of an Agreement; Agreement: any agreement concluded between LAKOO.nl and the Customer, any amendment or addition thereto, as well as all (legal) acts in preparation and implementation of that Agreement; Products: Vision solutions, cameras, baby items, communication equipment, electronics, Accessories and related items together. Services: the services to be provided by or on behalf of LAKOO.nl, whether or not in relation to Products, including service and warranty, as specified in an Agreement; Order: any order from the Customer to LAKOO.nl. Message: any possible notification from LAKOO.nl to the Customer, including - but not limited to - brochures, advertisements, catalogues, quotations, order confirmations, price lists, invoices, EDI, E-mail, fax on request, bulletin board, faxes and letters . Force majeure: any circumstance beyond the control of LAKOO.nl, as a result of which the fulfillment of its obligations towards the Customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of LAKOO.nl, regardless of whether that circumstance was present at the time the conclusion of the Agreement was foreseeable. These circumstances also include: strikes and lockouts, stagnation or other problems in production by LAKOO.nl or its suppliers and/or in its own or third-party transport and/or measures by any government agency, telecommunications disruptions, as well as the lack of any permit to be obtained from the government.

Article 3 – Applicability of these conditions

These Terms and Conditions form part of all Agreements and apply to all related (legal) actions of LAKOO.nl and the Customer.
The applicability of any general specific terms and conditions or stipulations of the Customer is expressly rejected by LAKOO.nl.

Article 4 – Offers, conclusion of the Agreement and statement and indications of Products

An offer or (price) quotation does not bind LAKOO.nl and only serves as an invitation to place an Order, unless expressly stated otherwise.
An Agreement is only concluded if and insofar as LAKOO.nl accepts an Order in writing or LAKOO.nl executes an Order.
All statements by LAKOO.nl of numbers, specifications and/or other indications of the Products have been made with care. However, LAKOO.nl cannot guarantee that no deviations will occur in this regard.
LAKOO.nl reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the order is confirmed in advance by the Customer by registered letter and/or the shipment is made cash on delivery or after prepayment.

Article 5 - Deviations and Additions Deviations from and additions to any provision in an Agreement and/or the Conditions only apply if they have been recorded in writing by LAKOO.nl and only relate to the Agreement in question.

Article 6 – Delivery times

A delivery period stated by LAKOO.nl is based on the circumstances applicable to LAKOO.nl at the time of the offer and, to the extent dependent on the performance of LAKOO.nl's suppliers, on the information provided to LAKOO.nl by those suppliers.
If LAKOO.nl requires data or tools to be provided by the Customer for the execution of the Agreement, the delivery period will never commence earlier than the day on which all necessary data or tools are in the possession of LAKOO.nl.
Specified delivery times will never be regarded as deadlines, unless expressly agreed otherwise. In the event of late delivery, LAKOO.nl must therefore be given notice of default by registered letter, giving it a reasonable period to still perform. 4.

If the client refuses to accept the goods or if he indicates that he no longer values the agreed delivery, he nevertheless remains obliged to pay the agreed price and to reimburse LAKOO.nl for the costs, damages and interests arising therefrom.

If the delivery period is exceeded, the Customer is not entitled to any compensation in this regard.
LAKOO.nl has the right to deliver in parts at any time.

Article 7 – Delivery and Risk

Unless otherwise agreed in writing, LAKOO.nl determines the method of shipment.
The Customer bears the risk of the goods from the moment the goods are presented for receipt at the specified address.
The customer is obliged to receive the goods upon delivery. Failing this, the goods will be stored at the expense and risk of the customer. LAKOO.nl will inform the Customer as soon as possible of the time and place of storage and the Customer will collect the Products as soon as possible, but no later than within 10 working days after notification.
If the Customer does not accept the Products or does not take them on time, he will be in default without any notice of default. In that case, LAKOO.nl is entitled to store the Products at the expense and risk of the Customer or to sell them to a third party. The customer remains liable for the sum, plus interest and costs, including cancellation costs, minus the proceeds from the sale to that third party where appropriate.

Article 8 - Return Guarantee The Customer - exclusively in the capacity of a consumer - has the right to return the delivered Products to LAKOO.nl without giving any reason within 7 days of receipt. LAKOO.nl will then reimburse the Customer for the (purchase) sum received minus the return costs to be reported and thus determined, under the following conditions:

Products are not purchased for professional/business use;
The products in question must be described in the relevant Message as items for which the return guarantee applies;
Software for which the seal on the packaging has been broken will not be returned.
No changes may have been made to the delivered goods and the delivered goods must be in undamaged condition; all Documentation, warranty certificates and packaging materials must be included with the return shipment;
The return shipment must be back in the possession of LAKOO.nl no later than the 8th day after receipt of the delivered goods by the Customer;
The costs of postage for the return shipment are for the Customer;
Any copies or adaptations or translations of the delivered goods made for personal use or otherwise - including diskettes, electronic material, manuals and documentation - must be included with the return shipment or destroyed or erased at the time of shipment;
This return otherwise serves as a resolutive condition.

Article 9 – Default/dissolution

If the Customer does not properly or timely fulfill any obligation that may arise for it from any Agreement, the Customer is in default without notice of default and LAKOO.nl is entitled to: suspend the execution of that Agreement and directly related Agreements until payment is sufficiently certain has been stated; and/or to dissolve that Agreement and directly related Agreements in whole or in part.
In the event of (application for) (provisional) suspension of payments, (application for) bankruptcy, closure or dissolution of the Customer's company, all Agreements with the Customer will be terminated by operation of law, unless LAKOO.nl notifies the Customer within a reasonable time of compliance with ( part of) the relevant Agreement(s). In the latter case, LAKOO.nl is entitled to suspend the execution of the Agreement until compliance by the Customer has been sufficiently assured. 3. The provisions of Articles 9.1 and 9.2 do not affect the other rights of LAKOO.nl under the law and the Agreement.
In the event that an event occurs as referred to in (I) 9.1 or (II) 9.2, respectively (I) all claims of LAKOO.nl against the Customer under the relevant Agreement(s) and (II) all claims of LAKOO.nl against The Customer is immediately due and payable in full and LAKOO.nl is entitled to take back the delivered Products. In connection with this, LAKOO.nl and its authorized representative(s) will be entitled to enter the sites and buildings of the Customer in order to take possession of the Products. The Customer is obliged to take the necessary measures to enable LAKOO.nl to enforce its rights. All recovery costs are borne by the Customer.

Article 10 – Guarantees

If LAKOO.nl delivers Products to the Customer, which LAKOO.nl has obtained from its suppliers, or uses third parties for the Services, LAKOO.nl is never obliged to provide a more far-reaching guarantee to the Customer than that provided by LAKOO.nl to its supplier can claim.
Complaints due to externally visible defects must be submitted in writing in accordance with the contract conditions, but no later than 8 days after receipt of the goods by the client. Complaints received by LAKOO.nl after this period has expired do not have to be processed by LAKOO.nl.
Accessories that are subject to normal wear and tear are not covered by the warranties given.
The costs for delivering/shipping/shipping of goods, for replacing/repairing goods purchased by the customer, are entirely borne by the customer. 5. During the warranty period, LAKOO.nl's supplier can provide a warranty or LAKOO.nl can - at its option - fulfill and implement the supplier's warranty towards the Customer.

Article 11 – Any software from a supplier of LAKOO.nl If a supplier of LAKOO.nl only grants the right to use Software in accordance with the provisions of its user or license agreements or if maintenance is carried out in accordance with the provisions of the maintenance agreement from a supplier of LAKOO.nl, the provisions of that agreement apply, overriding the provisions of these Terms and Conditions. LAKOO.nl will inform the Customer at his request about the applicable provisions and is not liable for defects occurring in this Software.

Article 12 – Retention of title

All Products remain the property of LAKOO.nl, notwithstanding actual delivery, until all amounts that the Customer owes or will owe to LAKOO.nl under any Agreement have been paid in full. Rights are always granted to the Customer or, where appropriate, transferred under the condition that the Customer pays agreed fees on time and in full.
Before ownership of the Products has been transferred to the Customer, the Customer is not entitled to rent out or allow the Products to be used, to pledge them, or to otherwise encumber them. The Customer is only entitled to sell or deliver the Products of which LAKOO.nl is the owner to third parties to the extent that this is necessary in the context of the Customer's normal business operations.
If and as long as LAKOO.nl is the owner of the Products, the Customer will immediately inform LAKOO.nl when the Products are (threatened to be) seized or otherwise a claim is made on (any part of) the Products. In addition, the Customer will inform LAKOO.nl where the Products are located upon Switzerland's first request.
In the event of attachment, (provisional) suspension of payments or bankruptcy, the Customer will immediately inform the attaching bailiff, administrator or curator of the (ownership) rights of LAKOO.nl. The Customer guarantees that any seizure of the Products will be lifted immediately.

Article 13 – Intellectual Property Rights

The copyright as well as all other intellectual property rights on all Navigation and Communication Equipment, Electronics, Accessories, Documentation or other materials (such as: analyses, functional designs, reports, quotations, etc.) that are delivered by LAKOO.nl to the Customer or on which made available in any manner whatsoever are vested exclusively in LAKOO.nl or its suppliers, and the Customer obtains the rights of use expressly granted in these Terms and Conditions, unless expressly agreed otherwise in a written document signed by LAKOO.nl and the Customer.
The Customer is aware that the Products and/or other materials as referred to in paragraph 1 of this article may contain confidential information and trade secrets of LAKOO.nl or its suppliers and the Customer undertakes in that case to keep these Products and/or other materials secret and not to to disclose or make available to any third party.
The Customer is not permitted to remove or change any brand identification marks applied to the Products or their packaging or any indication regarding copyrights, brands, etc., including any indication regarding the confidential nature and secrecy of any software, or to use the Products on any part thereof. to change or imitate.
LAKOO.nl is permitted to take technical measures to protect any software.
LAKOO.nl declares that to the best of its knowledge the Products do not infringe any intellectual property rights of third parties applicable in the Netherlands. In the event of a claim from third parties regarding infringement of such rights, LAKOO.nl may, if necessary, replace or change the Product in question, or terminate the Agreement in whole or in part. The Customer only has the right to terminate the Agreement to the extent that maintenance of the Agreement cannot reasonably be expected of it.
The Customer will immediately notify LAKOO.nl of any claim from third parties regarding an infringement of intellectual property rights relating to the Products. In the event of such a claim, only LAKOO.nl is authorized to defend against it - also on behalf of the Customer - or against to take legal measures with that third party, or to reach an amicable settlement with that third party. The Customer will refrain from such measures to the extent that this can reasonably be expected of him. In all cases, the Customer will cooperate with LAKOO.nl.

Article 14 – Prices

Unless expressly stated otherwise, all prices stated in Messages, such as catalogues, price lists and/or quotations from LAKOO.nl, are expressed in Euros and include sales tax. Unless expressly stated otherwise, the Customer will be responsible for the costs of packaging and shipping, as stated in the relevant Message, as well as all other levies or taxes imposed or levied in respect of the Products and their transport.
Prices are based on the circumstances applicable to LAKOO.nl at the time the Agreement was concluded, such as exchange rates, freight rates and dealer prices. If these circumstances change after the conclusion of the Agreement but before delivery, LAKOO.nl has the right to charge the resulting costs to the Customer.
Discounts are deemed to have been granted once each time. Previously granted discounts do not bind LAKOO.nl in any way for a later agreement.

Article 15 – Payment

The Customer will pay the amounts charged to him, effectively in the currency stated on the invoice, to LAKOO.nl within the term stated on the relevant invoice. All payments will be made to a giro or bank account to be designated by LAKOO.nl. If payment is made upon delivery, this will be made in cash or by PIN payment.
All amounts charged to LAKOO.nl must be paid without discount or deduction. The Customer is not entitled to settlement. Furthermore, the Customer does not have the right to suspend any payment obligation towards LAKOO.nl.
If at any time LAKOO.nl has reasonable doubts about the creditworthiness of the Customer, LAKOO.nl has the right, before (further) performance, to demand that the Customer make advance payment or that the Customer provide proper security in the amount of the amounts that LAKOO.nl, whether or not due and payable, has or will have to claim from the Customer under the Agreement, at the discretion of LAKOO.nl.
The Customer is in default upon the mere expiry of a payment term. In that case, all claims of LAKOO.nl on the Customer for whatever reason are immediately due and payable. 5. Without further notice of default, the Customer owes default interest from that day on all amounts that are not paid no later than the last day of the payment term, amounting to the statutory interest plus 2%. If the Customer is in default towards LAKOO.nl, he is obliged to fully reimburse LAKOO.nl for the extrajudicial and judicial costs incurred in obtaining payment. The extrajudicial costs to be reimbursed by the Customer amount to at least 15% of the unpaid amount, with a minimum of € 100, plus the turnover tax due. If LAKOO.nl, after the Customer is in default, sends payment reminders or other requests for payment to the Customer, this will not affect the previous provisions in this article.

Article 16 – Liability and Indemnity

LAKOO.nl is not liable for damage to the Products other than in compliance with the relevant guarantees.
LAKOO.nl is not liable, neither by law nor by Agreement, for so-called consequential damage that the Customer or a third party may suffer in connection with (the use of) the Products. This also includes loss of profit, business damage, loss of data and immaterial damage.
Without prejudice to the provisions of paragraphs 1 and 2 of this article, the contractual and legal liability of LAKOO.nl is at all times limited to 50% (fifty) of the amounts invoiced and billable by LAKOO.nl to the Customer under an Agreement. (including sales tax), per Product or Service in respect of which liability has arisen. If and insofar as the Agreement is a continuing performance agreement, the contractual and legal liability of LAKOO.nl will in no case exceed the price (including sales tax) stipulated in the relevant Agreement for the performance of LAKOO.nl in the period of 3 months prior to the event in respect of which that liability arose. Unless the damage is caused by gross negligence or intent on the part of LAKOO.nl (or its managerial staff), the Customer will indemnify LAKOO.nl against all claims from third parties, directly or indirectly related to (the use of) the Products or Services and he will compensate LAKOO.nl for all damage suffered by LAKOO.nl as a result of such claims.

Article 17 – Force majeure

If LAKOO.nl cannot fulfill its obligations towards the Customer due to Force Majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure situation.
If the Force Majeure lasts 1 month, both parties have the right to terminate the Agreement in writing in whole or in part, to the extent that the force majeure situation justifies this.
In the event of Force Majeure, the Customer is not entitled to any (damage) compensation, even if LAKOO.nl may have any advantage as a result of the force majeure.
LAKOO.nl will inform the Customer as soon as possible of (impending) Force Majeure.

Article 18 – Obligations of the Customer

The Customer will always make all information required for the performance of LAKOO.nl's work available to LAKOO.nl in a timely manner and guarantees its accuracy and completeness.
The Customer will ensure the use of the Products in accordance with the specifications and for the correct application in its organization of the Navigation and Communication Equipment, Electronics, accessories and of the services to be provided by LAKOO.nl as well as for the administration and calculation methods and for securing data.
If it has been agreed that the Customer will make Navigation and Communication Equipment, Electronics or Accessories available, these will meet the specifications necessary for carrying out the work.
If information necessary for the execution of the Agreement is not available to LAKOO.nl, not on time or not in accordance with the agreements, or if the Customer does not meet its obligations in any other way, LAKOO.nl has the right to charge additional costs in accordance with the usual rates. of LAKOO.nl.

Article 19 – Transfer of rights and obligations

LAKOO.nl is permitted to transfer the rights and obligations described in any Agreement with the Customer to third parties. In the event that obligations of LAKOO.nl are transferred, LAKOO.nl will inform the Customer in advance as far as possible and the Customer has the right to terminate the Agreement with regard to the future from the date on which the transfer will take place. In that case, LAKOO.nl is not obliged to pay any compensation in this regard.
The Customer is not entitled to transfer its rights and/or obligations under an Agreement to any third party without the prior written permission of LAKOO.nl.

Article 20 – Applicable law, competent court

All disputes relating to these Terms and Conditions, as well as any Agreement, are exclusively governed by Dutch law.
All disputes will, unless otherwise required by law, be submitted exclusively to the competent court in Rotterdam

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Telephone: (085)0410387