General terms & conditions

General Terms and Conditions of Carpylights

General Terms and Conditions based on the model terms and conditions of WebwinkelKeur.

Engels
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Artikel 15 – Streitigkeiten
Artikel 16 – Zusätzliche oder abweichende Bestimmungen

Artículo 15 – Litigios
Artículo 16 – Disposiciones adicionales o divergentes

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing 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;
5. Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model form for withdrawal provided by the entrepreneur which a consumer can fill in when wishing to exercise the right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

E info@carpylights.com
KVK 66606063
BTW nummer NL856628256B01

Article 2 – Identity of the Entrepreneur
Carpylights
Twijver 5
1606BT Venhuizen
The Netherlands
T +31 (68) 243-5602
E info@carpylights.com
Chamber of Commerce number: 66606063
VAT number: NL856628256B01

Número de Cámara de Comercio: 66606063
Número de IVA: NL856628256B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. 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 concluding the distance contract, the consumer shall be informed that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be provided to the consumer by electronic means in such a way that the consumer can store them on a durable medium in a simple manner. If this is not reasonably possible, the consumer shall be informed, before the contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge by electronic or other means upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision that is most favourable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay, in mutual consultation, by a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

1. indugio, di comune accordo, con una disposizione che si avvicini il più possibile all’intento originario.
2. Le situazioni non disciplinate dalle presenti condizioni generali devono essere valutate « nello spirito » delle stesse.
3. Le ambiguità sull’interpretazione o sul contenuto di una o più disposizioni delle presenti condizioni generali devono essere interpretate « nello spirito » delle stesse.

Article 4 – The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content, and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these shall be a truthful representation of the products, digital content, and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.
3. Every offer shall contain such information as to make it clear to the consumer what rights and obligations are attached to acceptance of the offer.

1. pueda evaluar correctamente la oferta. Si el empresario utiliza imágenes, estas serán una representación fiel de los productos, contenidos digitales y/o servicios ofrecidos. Los errores u omisiones evidentes en la oferta no vincularán al empresario.
2. Toda oferta contendrá la información necesaria para que el consumidor entienda claramente cuáles son los derechos y obligaciones asociados a la aceptación de la oferta.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall confirm receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur may ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has sound reasons not to enter into the agreement, he shall be entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5. No later than upon delivery of the product, service or digital content, the entrepreneur shall provide the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:
   a. the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
   b. 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;
   c. information on guarantees and existing after-sales service;
   d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance agreement;
   e. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

Delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If the consumer 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 entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be made using the model form or by another means of communication, such as by e-mail. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal and/or has not returned the product to the entrepreneur, the purchase becomes final.

Delivery of services:

1. In the case of the supply of services, the consumer has the right to dissolve the agreement without stating reasons for at least 14 days, commencing on the day the agreement is concluded.
2. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. The consumer shall bear the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional upon the product having been received by the retailer or conclusive proof of complete return being provided. Repayment shall be made using the same payment method used by the consumer, unless the consumer explicitly consents to another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be provided before the conclusion of the purchase agreement.

Artikel 7 – Kosten in geval van herroeping / Costs in Case of Withdrawal / Kosten im Falle des Widerrufs / Frais en cas de rétractation / Costi in caso di recesso / Costes en caso de desistimiento

1. De consument draagt de rechtstreekse kosten van het terugzenden van het product.
2. Indien de consument een bedrag betaald heeft, zal de ondernemer dit bedrag zo spoedig mogelijk, doch uiterlijk binnen 14 dagen na herroeping, terugbetalen, op voorwaarde dat het product reeds terug ontvangen is of sluitend bewijs van complete terugzending overlegd kan worden. Terugbetaling zal geschieden via dezelfde betaalmethode die door de consument is gebruikt, tenzij de consument nadrukkelijk toestemming geeft voor een andere betaalmethode.
3. Bij beschadiging van het product door onzorgvuldige omgang door de consument zelf is de consument aansprakelijk voor eventuele waardevermindering van het product.
4. De consument kan niet aansprakelijk worden gesteld voor waardevermindering van het product wanneer door de ondernemer niet alle wettelijk verplichte informatie over het herroepingsrecht is verstrekt, dit dient te gebeuren voor het sluiten van de koopovereenkomst.

Artikel 7 –Costs in Case of Withdrawal The consumer bears the direct costs of returning the product.

1. 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 conditional on the product already being received by the webstore or conclusive proof of complete return being provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method.
2. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
3. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be provided before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. 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 applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been manufactured 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 expire quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygienic products where the consumer has broken the seal.

1. 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;
• the delivery of which has commenced with the express consent of the consumer before the withdrawal period has expired;

Article 9 – The Price

1. During the period of validity specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices will be specified in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
   • they result from statutory regulations or provisions; or
   • the consumer has the right to terminate the agreement as of the day the price increase takes effect.
5. The prices of products or services stated in the offer include VAT.
6. All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the case of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur 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 governmental regulations in effect on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
3. All products are subject to statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
5. The warranty does not apply if:
   • the consumer has repaired or altered the delivered products themselves, or had them repaired or altered by third parties;
   • the delivered products have been exposed to abnormal circumstances or otherwise handled carelessly, or treated contrary to the instructions provided by the entrepreneur 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

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. Delivery of products shall take place at the location designated by the consumer, unless otherwise agreed. The entrepreneur shall ensure that products are delivered within the agreed period or, if no period was agreed, within 30 days of the conclusion of the agreement. If delivery cannot be made on time, the consumer shall be informed of this no later than 30 days after the conclusion of the agreement. In such a case, the consumer is entitled to terminate the agreement without any cost.
3. Unless otherwise agreed, the risk of damage to or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated by the consumer.
4. For services, the entrepreneur shall execute the agreement to the best of its abilities and in accordance with the agreed conditions and requirements.

Article 12 – Payment

1. Unless otherwise agreed, the consumer shall pay for the products or services purchased immediately after the conclusion of the agreement.
2. The entrepreneur shall clearly state the possible payment methods.
3. If the consumer fails to pay on time, the consumer shall be in default by operation of law. In that case, the entrepreneur shall have the right to claim statutory interest on the outstanding amount and to recover extrajudicial collection costs.
4. The extrajudicial collection costs shall be calculated in accordance with the Dutch “Wet normering buitengerechtelijke incassokosten” (Law on Standardization of Extrajudicial Collection Costs).
5. The consumer shall only be entitled to set off claims or suspend payment if his counterclaims are uncontested or legally established.

Article 13 – Delivery and execution

1. The entrepreneur shall take the utmost care in receiving and executing orders of products and in assessing requests for the provision of services.
2. Delivery of products shall take place at the address provided by the consumer, unless otherwise agreed.
3. Unless explicitly agreed otherwise, the entrepreneur shall determine the method of delivery.
4. The risk of loss or damage to products rests with the entrepreneur until the moment the products are in the actual possession of the consumer or a representative designated by the consumer.
5. The entrepreneur shall observe the agreed or stated delivery times as accurately as possible. A stated delivery period shall never be a strict deadline. If a delivery term is exceeded, the consumer must give the entrepreneur written notice of default, allowing a reasonable period to still fulfil the order.
6. If the entrepreneur fails to deliver the products or services within the period mentioned in paragraph 5, and the consumer has properly served notice of default, the consumer shall be entitled to terminate the agreement without prejudice to any legal rights and claims for compensation.

Article 14 – Payment

1. Unless otherwise agreed, the consumer shall pay the price of the products or services before or at the time of delivery.
2. Payment shall be made in the manner indicated by the entrepreneur.
3. If the consumer fails to pay in full or on time, the entrepreneur shall be entitled to suspend the execution of the agreement or to dissolve the agreement, without prejudice to the entrepreneur’s right to claim compensation.
4. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided payment details.

Article 15 – Suspension, Termination, and Cancellation

1. The entrepreneur is entitled to suspend the fulfillment of the agreement or to terminate the agreement if the consumer fails to meet their obligations under the agreement, including the failure to pay the agreed price.
2. If the agreement is terminated, the entrepreneur shall be entitled to compensation for any costs and damages incurred as a result.
3. Termination or suspension shall not affect any other rights to which the entrepreneur is entitled under the law or the agreement.

Article 16 – Additional or Deviating Provisions
Additional or deviating provisions 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 data carrier.