Legal notice

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Reflection period: the period during which the consumer can make use of their right of withdrawal;
• Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader;
• Day: calendar day;
• Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable medium: any instrument which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored.
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
• Trader: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded between the trader and the consumer under an organised distance sales scheme for products and/or services, whereby, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
• Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present together in the same place at the same time.

Article 2 – Identity of the trader

Verlichtingsstunter.nl

Address: Hoefsmid 20, 1851 PT Heiloo

Chamber of Commerce (KvK) number: 37108478

VAT identification number: NL858638022B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

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

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

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the contract will be archived after it is concluded, and if so, how it can be accessed by the consumer;
• the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;
• any other languages, besides Dutch, in which the contract can be concluded;
• the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuous performance contract.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

Within the legal framework, the trader may inform themselves as to whether the consumer is able to fulfil their payment obligations, as well as of all facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The trader will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• a. the visiting address of the trader's place of business where the consumer can lodge complaints;
• b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
• c. information about warranties and existing after-sales service;
• d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;
• e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

For the delivery of services:

In the case of the delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least fourteen days, commencing on the day the contract is entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of returning the goods will be borne by them.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 30 days of the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or in good time before the conclusion of the contract.

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

• a. which are produced by the trader in accordance with the consumer's specifications;
• b. which are clearly personal in nature;
• c. which cannot be returned due to their nature;
• d. which can spoil or age quickly;
• e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
• f. for individual newspapers and magazines;
• g. for audio and video recordings and computer software of which the seal has been broken by the consumer.

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

• a. concerning accommodation, transport, catering business or leisure activities to be carried out on a specific date or during a specific period;
• b. of which delivery has begun with the explicit consent of the consumer before the reflection period has expired;
• c. concerning bets and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

• a. they are the result of statutory regulations or provisions; or
• b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

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

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

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

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after the dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuous performance contracts, duration, termination and renewal

Termination

• The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
• The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
• With respect to the contracts referred to in the previous paragraphs, the consumer may:
  • terminate them at any time and not be restricted to termination at a specific time or during a specific period;
  • terminate them at least in the same manner as they were entered into;
  • always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

• A contract entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• Notwithstanding the previous paragraph, a contract entered into for a definite period and that extends to the regular delivery of daily newspapers, news publications and weekly magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
• A contract entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is permitted to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the contract extends to the regular, but less than monthly, delivery of daily newspapers, news publications and weekly magazines.
• A contract with a limited duration for the regular delivery of daily newspapers, news publications and weekly magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days of the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

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

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Disputes between the consumer and the trader concerning the conclusion or performance of contracts relating to products and services to be supplied or supplied by this trader may be submitted to the competent court in the Netherlands, insofar as mandatory consumer law does not preclude this.

If you live in the European Union, you can also submit a dispute concerning an online purchase via the Online Dispute Resolution (ODR) platform of the European Commission: https://ec.europa.eu/consumers/odr. This platform mediates disputes between consumers and traders concerning online purchases without you having to go to court.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these general 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 medium.