Terms and conditions

In these terms and conditions, the following definitions apply:

• Van Marrewijk Investments B.V.;
• Phone: +31640959931;
• Email: hi@lucasybrit.com;
• Website: www.lucasybrit.com;
• Chamber of Commerce (KvK): 66091705;
• Address: Voorstraat 96 B, 2685EP, Poeldijk (open from 09:00 to 17:00);
• Also trading under the name Luca Sybrit;
• VAT number: NL857513746B01.

The natural person or legal entity entering into an agreement and/or remote agreement with the User; this term may refer solely to the Consumer Buyer or solely to the Business Buyer if such a distinction is made in these terms and conditions.

The Buyer who is a natural person, not acting in the course of a profession or business.

The Buyer who is not a Consumer Buyer.

The agreement concluded between User and Buyer, including the Remote Agreement.

The Agreement concluded outside the User’s sales premises through an organized system (such as a webshop) aimed at enabling remote sales of products, digital content, and/or services.

An agreement in which the Buyer acquires products, digital content, and/or services related to a remote agreement, and these items, digital content, and/or services are delivered by the User or by a third party based on an arrangement between that third party and the User.

The period during which the Consumer Buyer can exercise their Right of Withdrawal.

Calendar day.

Data produced and delivered in digital form.

An agreement aiming at the regular supply of goods, services, and/or digital content over a specified period.

Any tool, including email, that enables the Buyer or User to store information addressed to them personally in a way that allows future consultation or use during a period adapted to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.

The Consumer Buyer’s possibility to withdraw from the Remote Agreement during the cooling-off period.

The European model withdrawal form.

A means that can be used to conclude an agreement without the Buyer and User needing to be physically present in the same location.

These present sales and delivery conditions.

1. These Conditions apply to all offers made by the User and to every concluded Agreement, including a Remote Agreement, between the User and the Buyer.
2. In case of a written quotation or written order confirmation from the User, these quotation or order confirmation are considered to represent the complete Agreement and replace all prior written and verbal agreements, statements, and/or expressions of the parties. Changes to/additions to the text of the quotation or order confirmation are only part of the Agreement if explicitly acknowledged in writing by the User, with the text of the quotation or order confirmation prevailing in case of contradiction.
3. The User reserves the right to unilaterally amend these Conditions, to the extent that this amendment does not substantially deviate from the promised performance. The Buyer is deemed to have accepted the relevant changes if the User has not received a written protest from the Buyer against the amendment within 14 Days of the written notification of the amendment.
4. Quotations from the User have a limited validity period of 10 working days unless otherwise indicated in writing. The User always has the right to revoke an accepted quotation by the Buyer within 2 working days of receiving the acceptance thereof. Information from quotations, brochures, advertising materials, or the User’s website does not grant any rights to the Buyer.
5. If any provision of these general terms and conditions is invalid for any reason, the conditions remain in force for the rest, and the parties will negotiate the content of a new provision that approximates the original provision as closely as possible.

1. User shall deliver, in the absence of specific standards or specifications agreed upon, in accordance with what User could reasonably assume.
2. The items offered by User possess the properties that User has communicated regarding the items. User does not guarantee that the items are suitable for the purpose for which the Buyer intends to use them, even if this purpose has been communicated to User. The items may slightly deviate from any samples, models, or images provided or made available to the Buyer by User. Are you a Consumer Buyer? Then Articles 4, 5, 6, 7, 8, 9 apply to you.

1. Unless otherwise agreed, prices are inclusive of VAT and exclusive of transport and packaging.
2. Price increases resulting from verbal or written requests by the Buyer for additional or modified orders and/or specifications of the deliverable items are solely the responsibility of the Buyer.
3. All costs arising from circumstances that User could not reasonably have foreseen when entering into the Agreement shall be borne by the Buyer.
4. All payments by Consumer Buyer to User shall, unless otherwise agreed in the Agreement, be made to a bank account designated by User in euros.
5. For Consumer Buyer, a payment term of up to 30 Days after the commencement of the Cooling-Off Period, or if no Cooling-Off Period applies, up to 30 Days after the conclusion of the Agreement, or in case the Agreement pertains to the provision of a service, 30 Days after Consumer Buyer’s confirmation of the Agreement. This constitutes a “fixed-term” within the meaning of Article 6:83 sub a of the Civil Code.
6. If Consumer Buyer is in default after the expiration of the term referred to in the preceding paragraph, User will issue a formal notice of default, which will put Consumer Buyer in default, with at least the following consequences:
a. Consumer Buyer shall owe interest equal to the applicable statutory interest rate for non-commercial transactions (on January 1, 2021, this rate was 2% per year) on the outstanding invoice(s);
b. Consumer Buyer shall owe collection costs, calculated as follows on the outstanding principal:
i. on the first €2,500.00: 15%
ii. on the next €2,500.00: 10%
iii. on the next €5,000.00: 5%
iv. on the next €190,000.00: 1%
v. above €200,000.00: 0.5%;
vi. the collection costs amount to at least €40.00 and at most €6,775.00.
7. Payments made by Buyer shall always be used to settle first any due costs and interest, and then the oldest due invoices, even if Buyer states that the payment relates to later invoice(s).

1. The Consumer Buyer must inspect the delivered items immediately upon delivery (in any case within 14 Days of receipt) for quantities, quality, visible damage, characteristics, or defects, and must provide written or email notification to User, including the order and/or invoice number and (a copy of) the shipping document. After this period, it is assumed that the items conform to the Agreement.
2. The Consumer Buyer cannot invoke defects other than those mentioned in the previous paragraph if they have not filed a written complaint with User within 14 Days after discovering the defect or should have reasonably discovered it.
3. If Consumer Buyer processes or has the items processed in whole or in part, Consumer Buyer is deemed to have approved the items. In such case, any liability of User is void.

1. An agreed delivery period between the parties commences after User has received all necessary delivery information and, if agreed, a (pre-)payment from the Consumer Buyer.
2. An agreed delivery period can under no circumstances be considered a fixed deadline. In case User does not fulfill the delivery period or does not fulfill it timely, Consumer Buyer shall provide a written formal notice of default to User, giving User the opportunity to fulfill its obligations within a reasonable timeframe.
3. Products ordered by Consumer Buyer shall be delivered within 30 Days after User has accepted the order. If delivery within this period is impossible, User shall notify Consumer Buyer as soon as possible. In such case, Consumer Buyer shall have the option to reclaim any advance payment made for the respective order within 7 Days of receiving the notification. In such case, User shall refund the advance payment to Consumer Buyer within 30 Days.
4. User is entitled to partial deliveries, each of which can be invoiced separately.
5. The risk for the delivered products passes from User to Consumer Buyer upon delivery. Home Delivery
6. If Consumer Buyer uses a carrier offered by User for transportation, delivery takes place when Consumer Buyer, or a third party designated by Consumer Buyer to receive the product, or a third party receiving the product on behalf of Consumer Buyer, except the carrier, receives the product.
7. In case of clause 6, the transport of the products is at the risk of User and at the expense of Consumer Buyer. Own Carrier
8. If Consumer Buyer uses a carrier other than a transportation method offered by User, delivery takes place when the carrier receives the product.
9. In case of clause 8, the transport of the products is at the risk and expense of Consumer Buyer

1. Consumer Buyer can terminate the Distance Agreement within the Cooling-Off Period.
2. Consumer Buyer communicates this termination of the Distance Agreement to User using the Model Withdrawal Form, via an electronic form offered by User for this purpose on its website, or through any other unambiguous means.
3. The Cooling-Off Period is 14 Days.
For Products

4. The day of receipt is the day on which Consumer Buyer, or a third party designated by Consumer Buyer to receive the product, or a third party receiving the product on behalf of Consumer Buyer, except the carrier, receives the product (hereinafter: the Day of Receipt).
5. The Cooling-Off Period referred to in clause 3 commences on:
a. the day following the Day of Receipt;
b. in case Consumer Buyer has ordered multiple products in a (1) order, the Day of Receipt of the last product;
c. in case Consumer Buyer’s order contains a product delivered in multiple shipments or consisting of multiple components, the Day of Receipt of the last shipment or last component;
d. in the event of regular delivery of products over a specified period, the Day of Receipt of the first product.
For Services and Digital Content:
6. Consumer Buyer can terminate the Distance Agreement in accordance with clauses 1 and 3 of this article if the Distance Agreement pertains to the delivery of a service or digital content that is not delivered on a tangible medium, and Consumer Buyer has not given explicit, prior consent – through explicit declaration – to waive their right of withdrawal.
a. In case of clause 6, the Cooling-Off Period mentioned in clause 3 starts on the day the Distance Agreement is concluded.
b. If User has not provided the legally required information regarding the right of withdrawal or the Model Withdrawal Form for an agreement as described in clause 6, the Cooling-Off Period expires 14 Days after User provides this information.
c. If User has not provided the legally required information regarding the right of withdrawal or the Model Withdrawal Form for an agreement as described in clause 6, the Cooling-Off Period expires at least 12 months after the Cooling-Off Period as stated in subclause a.
Obligations of Consumer Buyer:
7. During the Cooling-Off Period, Consumer Buyer may unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product, just as they would do in a physical store. Consumer Buyer must handle the product and packaging with care and limit the unpacking or use of the product to the minimum necessary, considering the purpose mentioned in this clause.
8. Consumer Buyer is liable for any diminished value that results from handling beyond what is necessary as described in clause 7.
9. If User has not provided Consumer Buyer with all legally required information regarding the right of withdrawal before or at the conclusion of the Distance Agreement, Consumer Buyer is not liable for the diminished value referred to in clause 7.
10. Consumer Buyer shall return the product, including all accessories, in its original condition and packaging, to the extent reasonably possible.
11. Consumer Buyer bears the costs of returning the product.
12. The burden of proof concerning clauses 7 through 11 rests with the Consumer Buyer.
13. Obligations of User upon Withdrawal: 13. If User enables Consumer Buyer to submit a withdrawal notice electronically and Consumer Buyer uses this option, User shall promptly send Consumer Buyer an acknowledgment of receipt after receiving the notice.
14. User shall reimburse all costs paid by Consumer Buyer without undue delay, in any case within 14 Days. If User offers to pick up the product themselves, they may delay the reimbursement of costs until they receive the product or Consumer Buyer demonstrates having returned the product. If, upon the conclusion of the Distance Agreement, Consumer Buyer has chosen a delivery method more expensive than the cheapest method offered by User, User may limit the refundable delivery costs to the costs of the cheapest method.
15. Exclusion of Right of Withdrawal: 15. User excludes the right of withdrawal for Consumer Buyer by indicating this in the offer or, in any case, in a timely manner before the conclusion of the agreement, for the following products/services:
a. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
b. Custom-made products, which are not prefabricated and are manufactured based on an individual choice or decision of the Consumer Buyer, or which are clearly intended for a specific person;
c. Products that have been irrevocably mixed with other products after delivery by their nature.
16. The right of withdrawal mentioned in this article is only applicable to Consumer Buyer if they have entered into a Distance Agreement with User.

Termination:
1. If the Agreement has been entered into for an indefinite period or for a fixed period of more than 1 (one) year, both User and Consumer Buyer can terminate the Agreement in writing, observing a notice period of 1 (one) month. If the Agreement has been concluded other than in writing, both User and Consumer Buyer can terminate the Agreement in a similar manner.

Extension:
2. If the Agreement concerns a contract for regular delivery of products or services and is automatically extended or renewed into an agreement for a specified or indefinite duration, both User and Consumer Buyer can terminate the extended agreement at any time, observing a notice period of 1 (one) month.

Duration:
3. If the Agreement has a specified duration of more than one year or an indefinite duration, both User and Consumer Buyer can terminate the Agreement from 1 (one) year after its commencement, observing a notice period of 1 (one) month.

1. Complaints about the execution of the Agreement must be submitted in full and clearly described to User within a reasonable time after Consumer Buyer has detected the defects.
2. Complaints submitted to User shall be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeable longer processing time, User shall respond within 14 Days with an acknowledgment of receipt and an indication of when Consumer Buyer can expect a more comprehensive response.
3. Consumer Buyer shall give User at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute that is susceptible to dispute resolution arises.Are you a Business Buyer? Then Articles 10, 11, 12, 13, 14, 15, 16, 17 apply to you.

1. Unless otherwise agreed, prices are inclusive of VAT and exclusive of transportation and packaging.
2. Price increases resulting from verbal or written requests made by the Buyer for additions and/or changes to the order and/or specifications of the goods to be delivered shall be borne entirely by the Buyer.
3. All costs resulting from circumstances that User could not reasonably have foreseen at the time of entering into the Agreement shall be borne by the Buyer.
4. All payments made by the Buyer to User shall, unless otherwise agreed in the Agreement, be made to a bank account specified by User in euros.
5. Payments made by the Buyer shall first be credited against all outstanding costs and interest and then against overdue invoices, even if the Buyer specifies that the payment pertains to a later invoice(s).
6. If indicated by User, the Buyer is entitled and obliged to pay in a manner other than monetary payment, for example – but not limited to – by transferring goods (trade-in).
7. Unless expressly agreed otherwise in writing in the Agreement between User and Business Buyer (such as through a fixed price), User shall perform its services at a minimum hourly rate of €75, and external costs shall be directly charged to the Business Buyer. Any advances shall only be offset against (and thus deemed to be duly paid for) the last invoice to the Business Buyer.
8. Price increases resulting from verbal or written requests made by the Business Buyer for additions and/or changes to the assignment, the order, and/or the service shall be borne entirely by the Business Buyer.
9. All payments by the Business Buyer to User shall be made to a bank account specified by User, without suspension or set-off, in euros, and no later than 30 Days after the invoice date. This constitutes a “specified term for payment” within the meaning of Art. 6:83 sub a of the Dutch Civil Code.
10. In case of failure to make timely payment, the Business Buyer automatically enters into default, leading to at least the following consequences:
a. The Business Buyer owes interest of 1.5% per month on the outstanding invoice(s);
b. The Business Buyer owes extrajudicial collection costs of 15% of the outstanding invoice(s) with a minimum of €250.00;
c. If User takes legal action against the Business Buyer for non-compliance with their payment obligations, the Business Buyer is also liable, in addition to the above clauses, for the actual costs incurred by User (such as lawyer’s fees, bailiff’s fees, court fees, etc.).
11. User is at all times entitled to request security and/or prepayment from the Business Buyer for the fulfillment of their obligations under the Agreement. This shall apply in any case of overdue payment or any other breach of this Agreement or other agreements by the Business Buyer. The Business Buyer shall comply with this request upon first request.

1. The Business Buyer must inspect the delivered goods for quantities, quality, visible damage, characteristics, or defects immediately upon delivery (in any case, within 14 Days after receipt) and report this in writing or by email to User, mentioning the order and/or invoice number and providing (a copy of) the delivery note. After this period, it will be assumed that the goods conform to the Agreement.
2. The Business Buyer cannot invoke defects other than those referred to in the previous clause, if they have not complained to User in writing within 14 Days after discovering the defect or should have reasonably discovered it.
3. If the Business Buyer processes or has the goods processed in whole or in part, the Business Buyer approves the goods. In that case, any liability of User is void.

1. The deadlines applicable to User are not strict, unless expressly agreed otherwise in the Agreement in writing. An agreed deadline applicable to User shall only commence after the Agreement has been concluded and all data necessary for the execution of the Agreement are in User’s possession. An agreed delivery time applicable to User shall be extended by at least the number of Days that have passed between the moment of the conclusion of the Agreement and the moment when all data necessary for the execution of the Agreement are in User’s possession.
2. Unless agreed otherwise in writing, delivery of goods shall take place at the premises of a (Dutch) establishment of User.
3. Unless agreed otherwise in writing, the risk for the goods shall pass to the Business Buyer at the moment of delivery.
4. User may deliver the goods in partial shipments (partial deliveries).
5. The Business Buyer is obliged to take delivery of the goods.
6. In the case of delivery at the User’s premises, the obligation to accept the goods arises when User notifies that the goods are ready for acceptance, after which the Business Buyer must pick up the goods within a period of 7 Days.
7. In the case of delivery by User to the Business Buyer’s address, the goods must be accepted when the goods are offered to the Business Buyer at the location by User. If no explicit written delivery address has been agreed, User may deliver the goods to the Business Buyer’s address known to User or as indicated in the Trade Register.
8. If the Business Buyer does not or does not timely accept or take delivery of the goods, the Business Buyer is in default without further notice. In that case, User is entitled to either a) store the goods for the account and risk of the Business Buyer at 5% of the invoice value of the delivery per week, with a maximum of €250.00 per Day, or b) after having set a final term for acceptance within 5 working days, sell them to a third party at a price that User considers reasonable under the circumstances. If User sells the goods to a third party, User may decide to reduce the amount owed by the Business Buyer with the net proceeds of the sale to that third party.

1. Delivery takes place under an extensive retention of ownership. All goods delivered by User shall remain the property of User until the Business Buyer has fulfilled all its payment obligations under all agreements concluded between the parties (including obligations to pay interest or collection costs). As long as the Business Buyer has not fulfilled its payment obligations, the Business Buyer undertakes towards User to treat the delivered goods with care, keep them insured, and not to pledge, process, transfer, or deliver them to third parties. In case of non-compliance with this obligation, the entire purchase price related to the Agreement becomes immediately due.
2. If the Business Buyer fails to fulfill its obligations towards User, User has the right to immediately reclaim the goods for which the ownership is reserved. To the extent necessary, the Business Buyer shall grant User immediate access to buildings and/or premises where the Business Buyer is the owner or manager, so that User can reclaim its property(ies).
3. Payments made by the Business Buyer shall primarily and as much as possible be allocated to User’s claims that are not subject to retention of ownership.

1. If User cannot fulfill its obligations towards the Business Buyer due to an excusable non-attributable shortcoming, a force majeure situation occurs. In such case, the Business Buyer is not authorized to terminate the Agreement, and the fulfillment of User’s obligations shall be suspended for the duration of the force majeure situation.
2. If any force majeure situation lasts for 2 months, User has the right to terminate the Agreement in writing, in whole or in part.
3. In the event of a force majeure situation, the Business Buyer is not entitled to any (compensation for) damages, even if User benefits from the force majeure situation.
4. Force majeure shall mean, in addition to what is understood to be such in law and jurisprudence, all external causes, foreseen and unforeseen, over which User cannot exercise any influence and which prevent the fulfillment of its obligations towards the Business Buyer in whole or in part or render the fulfillment of its obligations by User unreasonable, regardless of whether the circumstance occurred at the time of concluding the Agreement. These circumstances also include strikes, exclusions, fire, machinery breakdown, stagnation, or other problems in production by User’s suppliers, and/or measures taken by any government agency (such as recalls), as well as the absence of any permit that may be obtained from a government authority.

1. Unless explicitly agreed otherwise in writing, User retains the copyrights, patent rights, and all other rights to industrial and/or intellectual property in the goods sold, offers made, designs provided, images, drawings, (sample) models, recipes, software, etc.
2. Unless explicitly agreed otherwise in writing, the rights to the data mentioned in this article remain with User, regardless of whether costs have been charged to the Business Buyer for its production.
3. All information, orally or in writing, provided by User to the Business Buyer remains the property of User and may only be used by the Business Buyer for the purpose for which it was provided.
4. The Business Buyer shall not disclose User’s information to third parties in any way, unless this is reasonably necessary for the proper execution of the Agreement and only after and to the extent that a confidentiality obligation has been agreed upon.

1. User is not liable for any indirect damage to the Business Buyer or a third party in connection with (the execution of) an Agreement or a good or service provided by User, including consequential damage, immaterial damage, business or environmental damage.
2. In any case, User’s liability is limited to a maximum of X% of the invoice value of the order placed by the Business Buyer with User, or to that part of the order to which the liability relates. If User is insured and its insurance actually pays out due to the relevant liability, its liability is limited to the amount paid out.
3. The liability exclusion in this article does not apply if damage is caused by intent or gross negligence of User or its management personnel.
4. User is not liable for loss or damage resulting from errors in the information provided by the Business Buyer, such as prescribed procedures or given orders, instructions, and directions, and for loss or damage caused by work performed by the Business Buyer or by third parties on behalf of the Business Buyer.
5. The consequences of compliance (by the Service Provider or third parties) with legal regulations or decisions of government authorities shall be borne by the Business Buyer, regardless of whether the cause/necessity of that compliance can be attributed to the Business Buyer, User, or a third party.
6. The Business Buyer can only rely on the obligations arising from this article if they have fulfilled all their obligations towards User.
7. Any claim, irrespective of its legal basis, by the Business Buyer against User shall expire no later than one year after delivery of the goods sold to the Business Buyer.

1. In the following cases, the Business Buyer is automatically in default and User has the right to terminate the Agreement in whole or in part – without any notice of default or judicial intervention being required – extrajudicially:
a. if the Business Buyer applies for bankruptcy or (provisional) suspension of payment, or if the Business Buyer is declared bankrupt, (provisional) suspension of payment is granted, or the Business Buyer is placed under administration, management, or guardianship pursuant to legal provisions;
b. if the Business Buyer transfers, liquidates, or suspends (parts of) its business or activities in whole or in part;
c. if conservatory or execution attachment is imposed on the Business Buyer;
d. if User has reasonable grounds to fear that the Business Buyer will fail to perform its obligations to any extent, or if the Business Buyer has already defaulted.
2. In case of termination by User based on the preceding clause, the Business Buyer is automatically obliged to pay User an amount of 80% of the purchase price (including shipping costs) as compensation.
3. The foregoing does not affect User’s other rights.

1. Only Dutch law applies to the Agreement.
2. Exclusive jurisdiction lies with the court competent in the municipality where User is located. If a different court is competent in the municipality where the Consumer Buyer resides, that court is also jointly competent.