General terms and conditions
These Terms and Conditions apply to all offers, orders, and agreements made or concluded with Lux Lights. By placing an order, you agree to these terms and conditions.
Article 1 - Definitions
- Entrepreneur : The natural or legal person who offers products such as mood lighting and Christmas lights.
- Consumer : The natural person who does not act in the exercise of a profession or business and who enters into an agreement with the entrepreneur.
- Business customer : Any legal entity or natural person acting in the exercise of a profession or business.
- Products : All items offered by the entrepreneur, such as mood lighting, Christmas lights and accessories.
- Distance contract : A contract concluded between the consumer within the framework of a distance selling system organised by the entrepreneur using only one or more techniques for distance communication.
- Right of withdrawal : The option for the consumer to cancel the agreement within the cooling-off period.
- Intellectual Property : All copyrights, trademarks, trade names, domain names and other proprietary rights related to the products and services of the entrepreneur.
Article 2 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded between the entrepreneur and the consumer or business customer.
- Deviations from these general terms and conditions are only valid if they have been agreed in writing.
- Additional terms and conditions may apply to business customers. In the event of any conflict, the terms and conditions specific to business customers shall prevail.
Article 3 - The offer
- The entrepreneur offers the products with care. Each product description is sufficiently detailed to allow consumers to properly assess the product.
- Obvious mistakes or errors in the offer do not bind the entrepreneur.
- For products that have limited availability (for example seasonal items such as Christmas lights), this will be clearly stated.
- The offer always includes:
- The price including VAT;
- The expected delivery time;
- Any additional costs (such as shipping costs);
- Key product features such as energy consumption, dimensions and safety certificates.
Article 4 - Conclusion of the agreement
- The agreement is concluded when the consumer accepts the offer and meets the conditions set.
- The entrepreneur reserves the right to refuse orders, for example in the case of:
- Suspicion of fraudulent activities;
- Insufficient availability of products;
- Incorrect personal information or payment problems.
- After placing an order, the consumer receives a confirmation by e-mail.
Article 5 - Right of withdrawal
- Consumers have the right to cancel the contract within 14 days after receiving the products without giving any reason.
- Business customers have no right of withdrawal, unless otherwise agreed in writing.
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Exceptions to the right of withdrawal :
- Products that are custom made or adapted for the consumer.
- Products that cannot be returned in their original condition or packaging.
- Seasonal products, such as Christmas lights, if returned after the Christmas period (unless defective upon delivery).
- Products purchased on sale (unless otherwise agreed).
- In case of a valid cancellation, all payments will be refunded within 14 days after receipt of the return shipment.
Article 6 - Delivery and execution
- The entrepreneur will take the utmost care when receiving and executing orders for products.
- Delivery will take place at the address provided by the consumer. Incorrect address information is at the consumer's own risk.
- The stated delivery times are indicative. Delays do not entitle the consumer to compensation, unless otherwise agreed.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to offer a replacement item. The consumer has the right to cancel the agreement free of charge.
Article 7 - Prices and payment
- All prices include VAT. For business customers, prices may be shown excluding VAT.
- The consumer is obliged to immediately report any inaccuracies in the payment details provided.
- Payments can be made via the offered payment methods, including iDEAL, credit card and PayPal.
- In the event of late payment by business customers, the entrepreneur has the right to charge statutory commercial interest and collection costs.
Article 8 - Warranty and conformity
- The entrepreneur guarantees that the products comply with the agreement, the specifications in the offer and the reasonable requirements of soundness and usability.
- The warranty does not apply to:
- Defects due to normal use, such as wear and tear;
- Damage due to improper use, such as incorrect installation or overloading.
- If a product is defective, the consumer can report this. The retailer will offer a suitable solution, such as repair, replacement, or refund.
Article 9 - Intellectual property
- All intellectual property rights relating to products, designs, images, descriptions and content on the entrepreneur's website belong to the entrepreneur.
- It is not permitted to copy, distribute or otherwise use any part of this content without the written permission of the entrepreneur.
Article 10 - Privacy and data protection
- The entrepreneur respects the privacy of the consumer and handles personal data in accordance with the General Data Protection Regulation (GDPR).
- Personal data will only be used to process orders and, if the consumer has given permission, for marketing purposes.
- The consumer has the right to view, correct or delete personal data.
Article 11 - Liability
- The entrepreneur is only liable for direct damage that can be demonstrably attributed to gross negligence or intent on the part of the entrepreneur.
- The entrepreneur is not liable for indirect damage, such as lost profits, consequential damage or loss of data.
- In all cases, the entrepreneur's liability is limited to the purchase price of the product in question.
Article 12 - Force Majeure
- Force majeure means circumstances beyond the control of the entrepreneur, such as strikes, natural disasters, disruptions in logistical processes or government measures.
- During force majeure, the entrepreneur's obligations are suspended. If the period of force majeure lasts longer than 30 days, both parties have the right to terminate the agreement.
Article 13 - Complaints procedure
- Complaints about the performance of the agreement must be reported within a reasonable period after discovery.
- The entrepreneur strives to resolve the issue within 14 days. In the event of a dispute, an authorized dispute committee can be contacted.
Article 14 - Applicable law
- Dutch law applies to agreements between the entrepreneur and the consumer.
- Any disputes will preferably be resolved through consultation. If this is not possible, disputes will be submitted to the competent Dutch court.
Contact details
Lux Lights
Info@lux-lights.nl