General Terms and Conditions

Article 1 – Definitions

In these terms, the following shall be understood as:

• 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 exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services for which the delivery and/or acceptance obligation is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information are possible.
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
• Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more remote communication techniques are used exclusively up to and including the conclusion of the contract;
• Remote communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: The Light Supplier
Chamber of Commerce number: 90397355
Trade name: The Light Supplier
VAT number: NL004812395B85
Customer service email: support@thelightsupplier.com
Business address: Paxtonstraat 3-N, 8013RP, Zwolle, Netherlands

Article 3 – Applicability

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

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

If the distance contract is concluded electronically, contrary to 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 by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, then before the distance contract is concluded it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise upon request by the consumer.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis and, in the case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Should one or more provisions in these general terms and conditions be wholly or partly null and void or annulled at any time, the contract and these conditions shall otherwise remain in force, and the relevant provision shall be replaced forthwith by a provision which approximates the intent of the original as closely as possible, in mutual consultation.

Situations not regulated in these general terms and conditions shall be assessed ‘according to the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our conditions shall be interpreted ‘according to 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 explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the offered products and/or services. Apparent mistakes or evident errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or cancellation of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the actual colors of the products.

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

• the price excluding customs clearance fees and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will apply the special arrangement for postal and courier services with regard to imports. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged customs clearance fees) from the recipient of the goods;
• any shipping costs;
• the manner in which the contract will be concluded and the necessary actions for that;
• whether the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
• the amount of the fee for remote communication if the costs for using the remote communication technique are calculated on a different basis than the regular base rate for the communication means used;
• whether the contract is archived after its conclusion and, if so, in what manner it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data he has provided in connection with the contract prior to its conclusion;
• the possible other languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur has subjected himself 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 long-term transaction.

Optional: available sizes, colors, types, materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures accordingly.

The entrepreneur may – within the limits of the law – ascertain whether the consumer can meet his payment obligations as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to conclude the contract, he is entitled to, with reasons, refuse an order or request or to attach special conditions to its execution.

Along with the product or service, the entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about warranties and available after-sales service;
• the data mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the contract;
• 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the contract without giving any reason within 14 days. This cooling‐off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling‐off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to retain it. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must notify his decision by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must provide evidence that the delivered items were returned in a timely manner, for example by means of proof of postage.

If the customer does not notify his intention to exercise his right of withdrawal or does not return the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase becomes 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 entrepreneur will refund that amount as soon as possible, but in any event no later than 14 days after the withdrawal. This is on the condition that the product has already been received by the online retailer or that conclusive evidence of complete return shipment is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as 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 or at least in time before the conclusion of the contract.

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

• that have been produced by the entrepreneur according to the consumer’s specifications;
• that are clearly of a personal nature;
• that, by their nature, cannot be returned;
• that can perish or become outdated quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software if the consumer has broken the seal;
• for hygienic products if the consumer has broken the seal.

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

• concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
• for which the delivery has begun with the explicit consent of the consumer before the cooling‐off period has expired;
• concerning bets and lotteries.

Article 9 – The Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This susceptibility to fluctuations and the fact that any prices mentioned may be indicative prices are stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

• they are the result of legal regulations or provisions; or
• the consumer has the right to terminate the contract effective from the day on which the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1 of the Turnover Tax Act 1968, is in the country where the transport commences. In this case, the delivery takes place outside the EU. Consequently, the postal and/or courier service will charge the recipient import VAT and/or customs clearance fees. Therefore, the entrepreneur will not charge VAT.

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

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services conform to the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or governmental regulations in force on the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for uses other than its normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The return of the products must be made in the original packaging and in a like-new condition.

The entrepreneur’s warranty period corresponds with the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by 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 altered the delivered products himself or had them repaired and/or altered by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or treated contrary to the entrepreneur’s instructions and/or as indicated on the packaging;
• the defect is wholly or partly the result of regulations 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 processing orders for products.

The address provided by the consumer to the company shall be deemed the place of delivery.

Subject to the provisions set out in Article 4 of these general terms and conditions, the company will process accepted orders with due dispatch, but in any event within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled in whole or 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 cancel the contract at no cost and to claim any compensation for damages.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract that has been concluded for an indefinite period and which relates 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 concluded for a fixed term and which relates 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 mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or within a specific period;
• in the same manner in which they were concluded by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A contract concluded for a fixed term and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a contract concluded for a fixed term and relating to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer may terminate this extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a fixed term and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in the event that the contract relates to the regular delivery, but less than once per month, of daily, news, and weekly newspapers and magazines.

A contract of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically terminates at the end of the trial or introductory period.

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 period.

Article 13 – Payment

Unless otherwise agreed, the amounts due 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 begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has detected the defects.

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

If the complaint cannot be resolved through mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively 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 of the Turnover Tax Act 1968 (Implementation Act of the Payment Services Directive)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.