Article 1 – Definitions
In these terms, the following concepts are used:
- Reflection period: the period during which the consumer can exercise their right of withdrawal.
- Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day : calendar day.
- Duration transaction: a distance agreement concerning a series of products and/or services that is spread over time in terms of delivery and/or consumption.
- Durable data carrier: any means by which the consumer or entrepreneur can store information in a way that allows for future use, without alterations.
- Right of Withdrawal: the consumer's right to cancel the agreement within the reflection period.
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
- Distance agreement: an agreement that is concluded at a distance through communication without the consumer and entrepreneur being physically present.
- Technique for remote communication: a means by which an agreement can be concluded without the consumer and entrepreneur being simultaneously in the same space.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
LUMIVO
Emmalaan 25, Bergen
1862 ER Netherlands
Email: info@lumivo-led.nl
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the consumer is given the opportunity to review these terms. If this is not possible, it will be indicated that the terms are available and will be sent free of charge upon request.
"If the agreement is concluded electronically, the terms can be made available digitally, so that the consumer can easily save them. If this is not possible, it will be indicated where the consumer can consult the terms and that they will be provided free of charge digitally or otherwise upon request."
"If specific conditions for products or services apply in addition to these general terms and conditions, they may be applicable. In case of conflict, the provision that is most favorable to the consumer shall apply."
If any provision of these terms is invalid or is declared void, the remaining provisions shall remain in effect. The invalid provision shall be replaced by a new provision that comes closest to the original intent.
Situations not covered by these terms will be assessed 'in the spirit' of these terms.
Article 4 – The offer
"If an offer has a limited validity period or is subject to conditions, this will be clearly stated."
The offer is non-binding. The entrepreneur can change or adjust the offer.
The offer includes a detailed description of the products and/or services. This description is clear enough for the consumer to adequately assess the offer. Images used by the entrepreneur provide an accurate representation of the products and/or services, but may slightly differ from the actual products.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
Price quotes are exclusive of any additional costs, such as import duties and VAT, which are the responsibility of the customer.
The offer contains information about:
- The price of the products, excluding additional costs.
- Postage costs.
- The manner in which the agreement is concluded.
- The applicability of the right of withdrawal.
- Payment and delivery methods.
- The validity period of the offer.
- The right of withdrawal and the conditions for returns.
Article 5 – The agreement
The agreement is concluded when the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, he will receive an electronic confirmation of the acceptance of the offer from the entrepreneur. Until this receipt is confirmed, the consumer can cancel the agreement.
The entrepreneur takes appropriate technical and organizational measures to ensure the security of the electronic transfer of data and provides a secure web environment. Appropriate security measures are taken for electronic payments.
The entrepreneur can, within legal limits, verify whether the consumer is able to meet their payment obligations. If there are reasons to doubt, the entrepreneur can refuse the order or attach additional conditions.
Upon delivery of products, the entrepreneur will provide information about the right of withdrawal, warranty conditions, and any after-sales service.
Article 6 – Right of withdrawal
The consumer has the right to terminate the agreement without giving reasons within 14 days of receiving the product.
The reflection period begins on the day after the product is received by the consumer or a representative designated by the consumer.
The consumer is obliged to handle the product with care and to use it only to the extent necessary to assess whether they want to keep the product. If the consumer exercises the right of withdrawal, the product must be returned with all accessories and, if possible, in the original packaging.
The consumer must inform the entrepreneur of their wish to revoke the agreement within 14 days of receiving the product. The product must then be returned within 14 days of notification.
Article 7 – Costs in case of withdrawal
"If the consumer exercises his right of withdrawal, the costs for returning the products are at his expense."
If the consumer has made a payment, this amount will be refunded as soon as possible, and no later than 14 days after cancellation, provided that the product has been returned or proof of shipment has been provided.
Article 8 – Exclusion of right of withdrawal
The right of withdrawal may be excluded for products that are custom-made, that cannot be returned for health or hygiene reasons, or that are perishable.
"The right of withdrawal can also be excluded for services such as accommodation, transport, or leisure activities with a specific date."
Article 9 – The price
The prices of the offered products and/or services will not be increased during the validity period of the offer, except in the case of changes in VAT rates.
All prices are subject to printing and typesetting errors. In case of errors in the price, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products meet the agreement, the specified specifications, and the reasonable requirements of soundness and usability.
Defects or incorrect deliveries must be reported in writing within 14 days of receipt. The warranty does not apply if the products have been repaired by the customer or have been handled carelessly.
Article 11 – Delivery and execution
Orders will be executed as quickly as possible, but no later than within 30 days, unless otherwise agreed.
"If a delivery is not possible, the entrepreneur will try to offer a replacement product. The risk of damage or loss remains with the entrepreneur until the moment of delivery."
Article 12 – Duration Transactions: Duration, Termination and Extension
The consumer can terminate an agreement that has been concluded for an indefinite period at any time, subject to the conditions in the agreement.