general sales terms and conditions – Lend-a-Brick

 

Business information 


Lend-a-Brick

(Peter Vrancx)

 

Hopvelden 3, 2220 Heist-op-den-Berg, Belgium

contact@lend-a-brick.nl
+32 456 59 84 95

VAT BE0789.275.934 


Article 1: General provisions


The e-commerce website of Lend-a-Brick, provided by Peter Vrancx (private person) with registered office at Hopvelden 3, 2220 Heist-op-den-Berg, Belgium, VAT BE0789.275.934 (hereinafter “Lend-a-Brick”) provides its customers with the option of buying products from its webshop.

 
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Lend-a-Brick, the Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Lend-a-Brick.


Article 2: Price


All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear. 

 

Any shipping, reservation or administration fees that are charged must be specified separately. 


The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

 

Article 3: Availability


Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Lend-a-Brick. With respect to the accuracy and completeness of the provided information, Lend-a-Brick is solely bound to obligation of means. Lend-a-Brick is in no way liable in the event of obvious material or printing errors.


If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance. 


The product selection is valid while stocks last and may at any time be changed or withdrawn by Lend-a-Brick. Lend-a-Brick cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.


Article 4: Online purchases

 

Renting LEGO sets:

 

  • A set can be booked for a rental period of at least one week in the online shop.

  • The customer selects a set from the catalogue, determines the duration of the rental in weeks and enters the start date of the rental period.

  • The rental period can start at the earliest 5 days after the current date.

  • When ordering, we ask for personal data. This data will not be passed on to third parties, except to the extent needed for the fulfillment of the services.

  • An email will be sent with the rental period, the set and the price indicated. 

  • All our sets are shipped directly to your home. The set contains all LEGO parts needed to build the set plus instructions.

 

The Customer has the choice between the following payment methods: 

  • via credit card

  • by bank card 

  • via PayPal

  • via Apple Pay

 

These payments are handled by: Mollie B.V. Keizersgracht 126, 1015 CW Amsterdam, the Netherland

 

Lend-a-Brick is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders. 

 

Article 5: Delivery and execution of the agreement

 

Items ordered via this webshop are delivered in Belgium, the Netherlands, France, Luxembourg and Germany. It is not possible to deliver articles outside these areas.

 

Delivery is made by DPD. A return slip from DPD will be enclosed for the return shipment, making the return free of charge for the customer. A tracking code will be sent to you by e-mail after handing over the articles  to DPD. Lend-a-Brick charges the following fee per reservation for shipping the set (outward and return shipping):

 

  • Belgium: € 10

  • Netherlands: € 12.50

  • Germany: € 12.50

  • Luxembourg: € 12.50

  • France: € 15

 

If due to any reason the delivery date differs from the chosen start date, we apply the following rules:

  • If the customer receives the items before the start of the rental period, the rental period will not be adjusted. The additional days that the customer holds the items will not be charged.

  • If the set arrives after the start of the rental period, we automatically extend the rental period by the duration of the delay.

 

The Customer undertakes to send the rented goods back to Lend-a-Brick no later than the day after the expiry of the rental period by using the return slip provided. If the Customer wishes to extend the rental period, they should contact Lend-a-Brick via contact@lend-a-brick.nl or the contact form on the website. Lend-a-Brick is not bound to approve an extension request and can always refuse it.  Any extension of the rental period must be expressly approved by Lend-a-Brick by written confirmation before the original end date of the rental period. 

 

If Lend-a-Brick does not receive confirmation of return shipment within 2 days of the expiry of the rental period, Lend-a-Brick will charge each week after the expiry of the rental period at the normal rental price plus a 10% surcharge.

 

If the customer does not return the rented set within 2 weeks after the original end date of the rental period, Lend-a-Brick will send a written notice of default. An administrative fee of EUR 60 will be charged for this. If the customer does not return the rented goods within 14 days of receiving the formal notice, Lend-a-Brick will employ a collection agency to recover the full new price of the rented sets, plus all administrative costs and overdue rent from the customer.

 

For return, the sets must be completely disassembled and sorted:

  • Bricks completely disassembled

  • Bricks sorted by colour in the grip bags

  • Stickers may not be removed

  • Minifigures will not be disassembled

 

Always use your hands or a Brick separator to separate the bricks. Never use a knife or other sharp object, it will damage the bricks.  Customers can optionally choose not to sort the bricks and have them disassembled by Lend-a-Brick. For this, a surcharge of 50 euros will be charged by Lend-a-Brick.

 

Individual bricks may be lost. Lend-a-Brick adds no surcharge for a loss where less than 30 LEGO bricks are missing. To protect against abuse, we cover the loss of up to 30 bricks without surcharge. This cover is valid only for LEGO bricks and does not apply for electronic parts and other accessories, such as motors, electronic figurines, manuals and illustration material and programmable LEGO Mindstorms parts. If we find that accessories or more than 30 bricks are missing upon return, Lend-a-Brick will charge the customer a surcharge in accordance with the value of the missing materials to replace them.

 

Any visible damage and/or qualitative shortcoming of an item, missing parts or other shortcoming in the delivery must be reported by the Customer to Lend-a-Brick without delay via email to contact@lend-a-brick.nl.  Always include the number and number of the missing and/or damaged parts. These can be found on the last page of the building instructions.

 

If any parts are missing that prevent the Customer from continuing to build the set, Lend-a-Brick will send these parts back at no extra cost to the Customer. In this case, the rental period will be extended by 2 days. If Lend-a-Brick is unable to send the missing parts within the remaining rental period, the rental amount of the set may alternatively be offered as a store credit to allow the customer to book another set.

 

The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) takes physical possession of the goods. However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Lend-a-Brick. 

Article 6: Retention of title

Delivered articles remain the exclusive property of Lend-a-Brick during the entire rental period. 

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Lend-a-Brick, e.g. to anyone who would attempt to seize articles during the rental period.

 

Article 7: Right of withdrawal

 

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Lend-a-Brick.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons. 

 

The right of withdrawal period will expire 14 calendar days after the date the agreement was entered into. 

To exercise the right of withdrawal, the Customer must notify Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium – contact@lend-a-brick.nl in an unambiguous statement (e.g. in writing by post, fax or email) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory. 

 

The Customer may input and submit the template withdrawal form or any other unambiguously formulated statement in a digital manner via our website https://lend-a-brick.be/nl/support/. If the Customer uses this option, we will immediately send the customer a confirmation receipt of their withdrawal using a sustainable data carrier (e.g. by email).

 

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired. 

 

In any event, the Customer must no later than 14 calendar days from the day that they notify Lend-a-Brick of their decision to withdraw from the agreement send back or hand over the goods to Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Client. The costs are estimated at a maximum of approximately 15 EUR.

 

If the returned product is reduced in value in any way, Lend-a-Brick is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods. 

 

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. 

 

If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.

 

If the Customer withdraws from the agreement, Lend-a-Brick shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Lend-a-Brick was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Lend-a-Brick may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

 

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Lend-a-Brick will not be refunded.

 

Lend-a-Brick shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for:

 

  • service contracts after the provision of service has been completed in its entirety. By accepting these conditions, the Customer acknowledges that he loses his right of withdrawal once the contract has been fully performed; 

  • the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.

  • the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution.

  • the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).

Article 8: Guarantee

 

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee. 

 


To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.


For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Lend-a-Brick customer service and to return the product at their own expense to Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium – contact@lend-a-brick.nl


Upon detection of a deficiency, the Customer must inform Lend-a-Brick as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided. 

 

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.


Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer. 

 

Article 9: Customer service 


Lend-a-Brick customer service can be reached at phone number +32 456 59 84 95, via email at contact@lend-a-brick.nl or by mail at the following address Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium. Any complaints can be made through the aforementioned customer services contact methods. 

 

Article 10: Penalties for non-payment


Without prejudice to the exercise of any other rights that Lend-a-Brick is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice. 


Without prejudice to the foregoing ,Lend-a-Brick is entitled to take back the unpaid or incompletely paid for articles.

 

Article 11: Privacy

 

The responsible party for processing personal data, Lend-a-Brick respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

 

The personal data you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purposes. The legal bases are  performance of the contract, consent, compliance with legal and regulatory obligations and/or the legitimate interest of the company.

 

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

 

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself. 

 

To exercise your rights you can always contact us in the aforementioned manner at Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium – contact@lend-a-brick.nl

 

We treat your information as confidential and shall not communicate, rent or sell it to third parties. 

 

For more information, see our Privacy Policy https://lend-a-brick.be/en/privacy-policy/.

 

Article 12: Use of cookies

 

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimise our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

 

For an overview of all cookies that our website places on your device, please refer to our Policy https://lend-a-brick.be/en/privacy-policy/.

 

On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

 

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications. 

 

Article 13: Invalidation – non-relinquishment


If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Lend-a-Brick to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights. 

 

Article 14: Amendments to the Terms 


These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Lend-a-Brick. In case of inconsistencies, the present Terms take precedence. 


Article 15: Proof


The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law – jurisdiction 

 

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the […] district have jurisdiction in the case of any disputes. 

Appendix 1: Template – withdrawal form 

 

Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.

 

To Lend-a-Brick, Hopvelden 3, 2220 Heist-op-den-Berg, Belgium – contact@lend-a-brick.nl:

 

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):

 

Ordered on (*)/Received on (*):

 

Name/Names of consumer(s):

Address of consumer(s):

 

Signature of consumer(s):

Date:

 

(*) = strike out what is not applicable.