Terms of service

Table of contents:

  1. Article 1 – Definitions
  2. Article 2 – Identity of the trader
  3. Article 3 – Applicability
  4. Article 4 – The offer
  5. Article 5 – The agreement
  6. Article 6 – Right of withdrawal
  7. Article 7 – Costs in the event of withdrawal
  8. Article 8 – Exclusion of the right of withdrawal
  9. Article 9 – The price
  10. Article 10 – Conformity and guarantee
  11. Article 11 – Delivery and performance
  12. Article 12 – Continuing performance agreements
  13. Article 13 – Payment
  14. Article 14 – Complaints procedure
  15. Article 15 – Disputes
  16. Article 16 – Additional or differing provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the trader;

Day: calendar day;

Continuing performance agreement: a distance agreement concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance agreement within the withdrawal period;

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

Distance agreement: an agreement concluded as part of a system organised by the trader for the distance sale of products and/or services, in which one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being together in the same place at the same time.

Article 2 - Identity of the trader

LuxiLamps.nl is part of 

Magnus Trading
Address: Cypresbaan 2, 2908 LT Capelle aan den IJssel
Chamber of Commerce number: 89505964
VAT number: NL004735207B63
info@luxilamps.nl

Article 3 - Applicability

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

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance agreement is concluded that the general terms and conditions can be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.

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

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

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be expressly 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 enable the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

Every offer contains information that makes clear to the consumer the rights and obligations attached to accepting the offer. This concerns in particular:

  • the price including taxes;
  • any delivery costs;
  • how the agreement will be concluded and the actions required to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the agreement;
  • the period for accepting the offer, or the period during which the trader guarantees the price;
  • the amount 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 agreement is archived after it is concluded and, if so, how the consumer can consult it;
  • how the consumer can check and, if desired, correct the data they have provided in connection with the agreement before concluding the agreement;
  • any languages other than Dutch in which the agreement can be concluded;
  • the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the event of a continuing performance agreement.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions stipulated therein.

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

If the agreement 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 for this purpose.

The trader may, within statutory frameworks, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into the distance agreement responsibly. If, on the basis of this investigation, the trader has good grounds for not entering into the agreement, the trader is entitled to refuse an order or request with reasons or to attach special conditions to its performance.

With the product or service, the trader will provide the consumer with the following information in writing, or in such a way that the consumer can store it accessibly on a durable medium:

  1. the visiting address of the trader’s establishment where the consumer can submit complaints;
  2. 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;
  3. information about guarantees and existing after-sales service;
  4. the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the event of a continuing performance agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For the delivery of products:

For the full explanation, the withdrawal function and the model form, please use our refund policy. If several items are delivered separately, the withdrawal period begins after receipt of the final item.

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This withdrawal period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

Article 6 - Right of withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This withdrawal period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
  2. During the withdrawal period, the consumer will handle the product and packaging with care. The consumer will unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product to the trader with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

For the provision of services:

  1. When services are provided, the consumer has the option to dissolve the agreement without giving reasons for a period of at least fourteen days, starting on the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, no more than the return shipping costs will be payable by the consumer.

Upon withdrawal, the trader will refund all payments received, including the cost of the cheapest standard delivery offered in the event of full withdrawal, no later than 14 days after notice of withdrawal, using the same payment method unless otherwise agreed. The trader may wait until the products have been received or the consumer demonstrates that they have been returned, whichever occurs first. After giving notice of withdrawal, the consumer has another 14 days to return the products. Return costs are payable by the consumer only if this was communicated before purchase; for goods that cannot normally be returned by post, a cost estimate will be provided in advance.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has stated this clearly in the offer, or at least in good time before the agreement is concluded.

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

  1. created by the trader in accordance with the consumer’s specifications;
  2. that are clearly personal in nature;
  3. that by their nature cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is tied to fluctuations in the financial market over which the trader has no control;
  6. individual newspapers and magazines;
  7. only insofar as another statutory exception applies. An ordinary order from a supplier, or a choice from standard sizes or colours, is not custom-made and does not exclude the right of withdrawal.

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

  1. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
  2. whose provision began with the consumer’s express consent before the withdrawal period expired;
  3. concerning betting and lotteries.

Article 9 - The price

During the validity period 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 with variable prices if their prices are tied to fluctuations in the financial market over which the trader has no control. This link to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.

Price increases from 3 months after the agreement is concluded are permitted only if the trader has stipulated this and:

  1. they result from statutory regulations or provisions; or
  2. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

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

Article 10 - Conformity and Guarantee

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

A guarantee 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 agreement.

No claim can be made under the guarantee if the defect was caused by:

defects or wear resulting from negligent maintenance,

changes made to or in the item by third parties,

the date on the invoice being changed or made illegible,

defects caused by improper use or use that does not correspond with the intended purpose, such as failure to follow the accompanying instructions for use,

damage caused intentionally or by gross negligence,

external events such as lightning strikes, etc.,

overheating caused by central or other heating, or by using an incandescent or halogen bulb with too high a wattage,

exposure to humidity, extreme heat or sunlight, or extreme cold,

indirect costs caused by the defective item being out of service are not eligible for compensation.

The statutory guarantee also applies to light sources and glass: the product must meet what the consumer may reasonably expect. Normal wear and damage caused by improper use are not covered. A defect must be reported within a reasonable time after discovery; a report within two months of discovery is in any event considered timely. Necessary costs of repair, replacement and shipping for a defect covered by the statutory guarantee are payable by the trader.

Article 11 - Delivery and performance

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

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

Subject to what is stated in Article 4 of these general terms and conditions, the company will carry out accepted orders with due speed and no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can be fulfilled only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible 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, without undue delay after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. No later than upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are payable by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, except when the consumer chooses a carrier that is not offered by the trader.

In the event of damage, contact us as soon as possible. Photos of the product and packaging help with the investigation. Reporting within 24 hours is not a condition for retaining statutory rights.

Disclaimer

Variations:

We try to depict the products as accurately as possible. However, you should always take into account possible minor differences in size and/or colour.

Personal data:

Your data is stored in our database and used only to deliver your orders and to verify payments. If you wish to request, correct or amend your personal data, email us to tell us what you would like us to do with your data. We will then provide you with the requested information or amend our records. We process personal data in accordance with the General Data Protection Regulation (GDPR). See our privacy policy for full information about processing and rights.

Limited liability:

LuxiLamps makes every effort to update and/or supplement the content of www.LuxiLamps.nl as often as possible. Despite this care and attention, content may be incomplete and/or incorrect. In particular, obvious programming and typographical errors are reserved with regard to prices and other product information on www.LuxiLamps.nl. You cannot claim an agreement with LuxiLamps on the basis of such errors.

Copyright:

All intellectual property rights relating to these materials belong to LuxiLamps. Copying, distributing and any other use of these materials is not permitted without the written consent of LuxiLamps, except and only to the extent otherwise provided by provisions of mandatory law (such as the right to quote), unless otherwise indicated for specific materials.

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