GENERAL TERMS & CONDITIONS

Lightexpert: GENERAL TERMS AND CONDITIONS

Index:

Article 1 –  Definitions

Article 2 – Entrepreneur's identity

Article 3 –  Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Extended transaction: duration, cancellation, and extension

Article 13 –  Payment

Article 14 – Complaints procedure

Article 15 –  Disputes

Article 16 – Additional or deviating provisions

Article 1 - Definitions

In these Terms & Conditions:

1. Reflection time: the period of time during which the consumer can exercise his or her right of withdrawal;

2. Consumer: the natural person who acts neither as a professional nor a business and who enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Extended contract: a distance contract in regard to a series of products and/or services of which the delivery and/or purchase obligation is spread over time;

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model form: the model withdrawal form made available by the entrepreneur which the consumer can fill in if he or she wishes to exercise his or her right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader gathering in the same room at the same time.

11. Terms and Conditions: the present general Terms and Conditions of the entrepreneur.

Article 2 – Entrepreneur's identity

Lightexpert Europe B.V.

Business address / Visiting address

De Schakel 72

5651 GH Eindhoven

+31 085 773 24 66

Chamber of Commerce number: 88774929

VAT number: NL864773961B01

Article 3 –  Applicability

1. These general Terms & Conditions apply to any offer by the entrepreneur, and any distance contract and order between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's place of business, and they will be sent free of charge and as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available electronically to the consumer in such a way that the consumer can simply store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, there will be an indication of where the general Terms and Conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge to him or her by electronic means or otherwise.

4. In the event that specific product or service conditions apply in addition to these general Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting Terms and Conditions, always invoke the applicable provision that is most favourable to him or her.

5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that resembles the scope of the original as much as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Lack of clarity in regard to the explanation or content of one or more provisions of our Terms and Conditions, should be explained 'in the spirit' of these Terms and Conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.

5. Product images are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colours exactly match the real colours of the products.

6. Each offer contains information that clearly explains to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

o The price including taxes;
o The potential shipping costs;
o The way in which the contract will be concluded and which actions are required to do so;
o Whether or not the right of withdrawal applies;
o The method of payment, delivery, and execution of the contract;
o The period of time for acceptance of the offer or the period within which the entrepreneur guarantees the price;
o The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
o Whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer;
o The way in which the consumer, prior to concluding the contract, can check the data provided by him or her under the contract and adjust it if necessary;
o Any other languages in which, in addition to Dutch, the contract can be concluded;
o The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
o The minimum duration of the distance contract in case of an extended transaction.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and the fulfilment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take the appropriate security measures.

4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his or her payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he or she is entitled to refuse an order or request, or to attach special conditions to its execution.

5. With the product or service, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

6. the visiting address of the trader's business where the consumer can go in case of complaints;

7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

8. the information regarding warranties and the existing post-purchase service;

9. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;

10. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

11. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Lightexpert is entitled to cancel and credit orders at any time for any reason.

Article 6 – Right of withdrawal

For delivery of products:

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 30 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.

2. During the cooling-off period, the consumer will handle the product and packaging carefully. He or she will only unpack or use the product to the extent that is necessary to assess whether he or she wishes to keep the product. If he or she makes use of his or her right of withdrawal, he or she will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. When the consumer wishes to exercise his or her right of withdrawal, he or she is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he or she wishes to execute his or her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

4. If the customer has not made it known within the periods mentioned in paragraphs 2 and 3 that he or she wishes to execute his or her right of withdrawal viz. has not returned the product to the entrepreneur, the purchase is a fact.

For delivery of services:

1. When providing services, the consumer has the option to terminate the contract without providing a reason during at least 30 days, starting on the day of entering into the agreement.

2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or on delivery, at the latest.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at the most he or she will be charged the costs of the return shipment.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. However, the condition is that the product has already been received by the merchant or that conclusive proof of complete return can be submitted.

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal in regard to products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the contract.

2. Exclusion of the right of withdrawal is only possible for products:

3. that have been created by the entrepreneur in accordance with the consumer's specifications;

4. that are clearly personal in nature;

5. which can not be returned due to their nature;

6. that can spoil or age quickly;

7. of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;

8. that are loose newspapers and magazines;

9. that are audio and video recordings and computer software of which the consumer has broken the seal.

10. that are hygienic products of which the consumer has broken the seal.

11. Exclusion of the right of withdrawal is only possible for services:

12. regarding accommodation, transport, restaurant, or leisure activities to be performed on a certain date or during a certain period;

13. of which the delivery commenced with the express consent of the consumer before the cooling-off period has expired;

14. regarding betting and lotteries.

Article 9 – The price

1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market, and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

5. they are the result of statutory regulations or stipulations; or

6. the consumer has the authority to terminate the contract on the day on which the price increase takes effect.

7. The prices mentioned in the offer of products or services include VAT.

8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10: Conformity and Warranties

1. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 48 hours of delivery. Products must be returned in their original packaging and in new condition.

2. The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

3. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can exercise against the entrepreneur under the contract.

4. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

5. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

6. The warranty does not apply if:

o The consumer has repaired and/or processed the delivered products himself or herself, or has them repaired and / or processed by third parties;
o The delivered products are exposed to abnormal circumstances or otherwise careless handling, or have been treated contrary to the instructions of the entrepreneur and/or the packaging;
o The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and processing orders for products, and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he or she has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceedance of a term does not entitle the consumer to compensation.

5. In the case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will do his or her best to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative that has been announced to the entrepreneur, unless expressly agreed otherwise.
   In case of an order, or certain items within said order not being delivered (when the postal carrier states that it was delivered with a specific time and date), an incorrect delivery, or a damaged delivery due to the transit process, the customer must notify the customer support immediately, and otherwise within a maximum period of 14 days, through the customer contact form. This does not apply to digital products.

Article 12 – Extended transaction: duration, cancellation, and extension

Cancellation

1. The consumer can terminate a contract that has been concluded for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.

2. The consumer can terminate a contract that has been concluded for a definite period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of up to one month.

3. By the consumer, the agreements mentioned in the previous paragraphs can:

o be cancelled at any time and not be limited to termination at a specific time or in a given period;
o be at least cancelled in the same way as they were entered into by him or her;
o always be cancelled with the same notice period as the entrepreneur has stipulated for himself or herself.

Extension

1. A contract that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

2. By way of derogation from the previous paragraph, a contract entered into for a definite period of time and which extends to the regular delivery of daily papers, weekly papers, newspapers, and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.

3. A contract that has been entered into for a definite period of time and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily papers, newspapers, weekly papers, and magazines.

4. A contract of limited duration for the regular delivery of daily papers, newspapers, weekly newspapers, and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise  agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of a contract to provide a service, this period will commence after the consumer has received confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 14 days, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint can not be resolved by mutual agreement, a dispute arises that is considerable for dispute settlement.

5. In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that can not be resolved through mutual consultation, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will decide to replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general Terms and Conditions apply. Even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.