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Terms and conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day: Calendar day.

Continuing performance contract: A distance contract concerning a series of products and/or services, the delivery and/or purchasing obligation of which is spread over time.

Durable medium: Any means that allows the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the information stored.

Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: A natural or legal person offering products and/or services to consumers at a distance.

Distance contract: A contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

Distance communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General terms and conditions: The entrepreneur’s current general terms and conditions.

Article 2 - Identity of the Entrepreneur

Company name: INFINITY SALES

Chamber of Commerce number: 75838346

Trade name: Lumin Lights

VAT registration number: NL002413475B08

Customer service email: support@lumin-lights.com

Company address: Bagijnenkamp 21

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order entered into between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises, and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply to the extent necessary, and in the case of conflicting general terms and conditions, the consumer can always rely on the most favorable applicable provision.

If one or more provisions in these general terms and conditions are or become wholly or partially invalid or void at any time, the contract and the remaining provisions of these general terms and conditions shall continue to apply, and the relevant provision shall be promptly replaced by a provision that as far as possible corresponds to the meaning of the original provision.

Situations not covered by these general terms and conditions will be assessed "in accordance with the spirit" of these general terms and conditions.

Any uncertainty regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.

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 is non-binding. The entrepreneur has the right 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 for the consumer to make an informed assessment of the offer. If the entrepreneur 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 entrepreneur.

All images, specifications, and details in the offer are for guidance and cannot be a reason for compensation or cancellation of the contract.

The pictures accompanying the products are a true representation of the products offered. However, the operator cannot guarantee that the colors shown exactly match the actual colors of the products.

Every offer contains information that makes it clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:

  • The price, excluding customs clearance costs and import VAT. These extra costs are at the customer's expense and risk. The postal and/or courier service will use the specific system for postal and courier services regarding imports. This applies when the goods are imported into the destination country within the EU, which is the case in this matter. The postal and/or courier service will charge VAT (whether or not it is collected together with customs clearance fees) from the recipient of the goods;

  • Any shipping costs;

  • The method in which the agreement will be concluded and the necessary actions to do so;

  • Whether the right of withdrawal applies or not;

  • Method of payment, delivery, and performance of the agreement;

  • The period within which the offer can be accepted, or the period during which the entrepreneur guarantees the price;

  • The amount of the fee for communication means if the cost of using communication means is based on something other than the normal base fee for the communication means used;

  • If the agreement is archived after it has been concluded and, if so, how the consumer can access it;

  • How the consumer, before the agreement is concluded, can check the information provided in the agreement and, if desired, correct it;

  • Any other languages in which the agreement, in addition to Dutch, may be concluded;

  • The codes of conduct that the entrepreneur has adhered to and how the consumer can access these codes of conduct electronically, and

  • The minimum duration of the distance contract in a transaction with a duration.

Optional: available sizes, colors, types of material.

 

Article 5 - The Agreement

Subject to the provisions in Article 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions stated in it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the entrepreneur confirms the receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within legal limits, inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, they have the right to refuse an order or request or to attach special conditions to its implementation, stating the reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in a way that the consumer can store it in an accessible manner on a durable medium:

  • The visiting address of the entrepreneur’s establishment to which the consumer can direct complaints;

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

  • Information about guarantees and existing customer service;

  • The details mentioned in Article 4.3 of these terms, unless the entrepreneur has already provided this information to the consumer before the agreement is executed;

  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

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

Each agreement is concluded under suspensive conditions if there is sufficient access to the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without providing a reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer, and made known to the entrepreneur, receives the product.

During the contemplation period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wants to keep the product. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to inform the trader within 14 days of receiving the product. The consumer must notify this in writing or by email. After notifying the trader, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, with a dispatch receipt.

If the consumer has not expressed the desire to use their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs of Withdrawal

If the consumer exercises their right of withdrawal, the consumer shall bear the cost of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive proof of full return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the contract is concluded.

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

  • made by the entrepreneur according to the consumer's specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that may spoil or deteriorate quickly;

  • whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;

  • for single newspapers and magazines;

  • for sound and video recordings and computer programs whose seals have been broken by the consumer;

  • for hygiene products whose seals have been broken by the consumer.

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

  • if the service involves accommodation, transport, restaurant services, or leisure activities to be performed on a certain date or within a specified period;

  • whose delivery has started with the consumer's express consent before the withdrawal period has expired;

  • in the case of betting and lotteries.

Article 9 - Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market outside the entrepreneur's control, with variable prices. This link to fluctuations and the fact that all indicated prices are indicative must be stated in the offer.

Price increases within 3 months of the contract being concluded are only allowed if they result from statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has specified it and:

  • they result from statutory regulations or provisions, or

  • the consumer has the right to terminate the contract from the day the price increase takes effect.

According to section 5.1 of the 1968 Value Added Tax Act, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. After that, the postal or courier company will charge import VAT or customs duties from the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to typographical and setting errors. No liability is accepted for the consequences of typographical and setting errors. In the event of typographical and setting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Any defective or wrongfully delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application of the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur's instructions and/or the packaging has been mishandled;

  • The defect is entirely or partially due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The entrepreneur will take the utmost care in receiving and executing orders for products.

The delivery location is the address provided by the consumer to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will fulfill accepted orders with appropriate speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to cancel the contract without cost and is entitled to any possible compensation.

In the case of cancellation according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after the cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite agreement for regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a termination notice period of no more than one month.

The consumer may terminate a fixed-term agreement for regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may amend the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be limited to terminate at a specific time or during a certain period;

  • at least terminate them in the same way they were started by the consumer;

  • always with the same notice period as the entrepreneur has set for themselves.

Extension

An agreement concluded for a fixed period that involves the regular delivery of goods (including electricity) or services cannot be implicitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period not exceeding one month.

A fixed-term agreement concluded for the regular delivery of goods or services can only be renewed by tacit consent for an indefinite period if the consumer can terminate the agreement at any time with a notice period not exceeding one month and a notice period not exceeding three months if the agreement involves regular delivery of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines through introduction (trial or introductory subscription) will not be tacitly extended and will automatically terminate at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the agreed expiration of the term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the contemplation period mentioned in Article 6.1 begins. For agreements concerning the provision of services, this period starts after the consumer has received the confirmation of the contract.

The consumer is obligated to immediately report any inaccuracies in payment details provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, subject to legal limitations, the entrepreneur has the right to charge reasonable costs that the consumer was informed about in advance.

Article 14 - Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the shortcomings.

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

If the complaint cannot be resolved through mutual agreement, a dispute may arise that can be subject to dispute resolution.

A complaint does not affect the operator's obligations unless the operator indicates otherwise in writing.

If the operator considers the complaint valid, the operator, at its discretion, will either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer that these general conditions relate to are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 - CESOP

Due to the measures introduced and tightened as of 2024 regarding the "Amendment to the Turnover Tax Act 1968 (Payments Service Providers Directive Implementation Act)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register information in the European CESOP system.