Terms and conditions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: 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 data carrier: any medium that enables the consumer or the trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding a contract without the consumer and the trader being simultaneously present in the same room.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the trader
ByLumoLuxe
E-mail address: info@bylumoluxe.com
Chamber of Commerce (KvK) number: 97976504
VAT identification number: NL005300464B12
Article 3 – Applicability
These general terms and conditions apply to every offer of the trader and to every distance contract and order 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, prior to the conclusion of the distance contract it will be indicated that the general terms and conditions are available for inspection 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, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can store it on a durable data carrier in a simple manner. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these conditions shall otherwise remain in force and the relevant provision shall be replaced forthwith by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not governed by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. 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.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images with products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of shipping;
the manner in which the contract will be concluded and which 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 tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the used means of communication;
whether the contract will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
the manner in which, before concluding the contract, the consumer can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.
During the cooling-off period the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days after receipt of the product. The consumer must give this notice by means of a written message or e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of postage.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal and/or has not returned the product to the trader, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive evidence of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the trader in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that can spoil or age rapidly;
e. the price of which is subject to fluctuations on the financial market over which the trader has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the consumer’s explicit consent before the cooling-off period has expired;
c. relating to 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 shall not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices shall 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 from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and guarantee
The trader 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 statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
Any defects or wrongly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s guarantee period corresponds to the manufacturer’s guarantee period. However, the trader 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.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader shall take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notice of this no later than 14 days after placing the order. In such a case the consumer has the right to dissolve the contract without costs and the right 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, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement article available. At the latest upon delivery it will be stated clearly and comprehensibly that a replacement article is being delivered. For replacement articles the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.
The risk of damage 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, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and renewal
Termination
The consumer may terminate a contract entered into for an indefinite period and which 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 entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
Terminate the contracts referred to in the previous paragraphs at any time and not be restricted to termination at a specific time or in a specific period;
At least terminate them in the same way as they were entered into;
Always terminate them with the same notice period as the trader has stipulated for himself.
Renewal
A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
In deviation from the previous paragraph, a contract entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and, in the case of a contract that extends to the regular but less than once a month delivery of daily, news and weekly newspapers and magazines, with a notice period of no more than three months.
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as 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 the confirmation of the contract.
The consumer has the 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 made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days 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 foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at his option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies exclusively to contracts between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer is resident abroad.