General conditions based on model conditions of WebwinkelKeur.
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 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all
on reflection time.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and has a
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services,
whose delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is attached to
addressed to him personally, to be stored in a manner that permits future reference and unaltered reproduction
of stored information.
6. Right of withdrawal: the possibility for the consumer to waive the
remote agreement;
7. Model form: the model form for withdrawal made available by the entrepreneur that a
consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who provides products and/or services to consumers at a distance
offered;
9. Distance contract: an agreement in which, in the context of a by the entrepreneur
organized system for distance selling of products and/or services, up to and including the conclusion of the
agreement exclusively uses one or more means of distance communication;
10. Technique for distance communication: means that can be used to conclude a
agreement, without the consumer and entrepreneur having met simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Lumore
Verbreepark 5L12731BR Benthuizen
Netherlands
T (085) 301-6460
E info@Lumore.nl
KVK 96539127
VAT number NL005215545B20
Article 3 – Applicability.
1. These general terms and conditions apply to every offer of the entrepreneur and to every established
concluded distance contract and orders between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be sent to the
consumer made available. If this is not reasonably possible, before the remote agreement will
is concluded, indicate that the general terms and conditions are available for inspection at the entrepreneur’s premises and they are available upon request
of the consumer as soon as possible be sent free of charge.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before
the distance contract is concluded, the text of these general conditions electronically
be made available to the consumer in such a way that it can be accessed by the consumer on a
can be easily stored on a durable data carrier. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated where of the general
conditions may be inspected electronically and that, at the consumer’s request, they may be inspected via
will be sent electronically or otherwise free of charge.
4. In case in addition to these general terms and conditions, specific product or service conditions of
apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in case
of conflicting general terms and conditions always rely on the applicable provision which for him is the most
favorable.
5. If one or more provisions in these general terms and conditions at any time, in whole or in part
be void or destroyed, then the agreement and these terms and conditions shall otherwise remain in effect and shall
the provision in question be replaced by mutual agreement without delay by a provision that does not affect the scope of
approximated the original as much as possible.
6. Situations not covered by these general conditions are to be judged “in spirit
of these general conditions.
7. Uncertainty regarding the interpretation or content of one or more provisions of our terms and conditions, should
be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly
mentioned in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to allow a proper assessment of the offer by the consumer
make. If the entrepreneur uses images, they are a true representation of the
products and/or services offered. Obvious mistakes or obvious errors in the offer bind the
entrepreneur does not.
4. All images, specifications data in the offer are indicative and can not give rise to
compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur
cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are,
associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the cost of shipping, if any;
The manner in which the agreement will be established and what actions are necessary to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the trader can adjust the price
guarantees;
the amount of the rate for distance communication if the cost of using the technique for
remote communications are charged on a basis other than the regular basic rate for the means of communication used;
Whether the contract will be archived after its conclusion, and if so at which it will be available to the consumer to
consulting is;
The manner in which the consumer, prior to the conclusion of the contract, the
agreement provided may review and, if desired, rectify;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can use these
can access codes of conduct electronically; and
the minimum duration of the distance contract in the case of an endurance transaction.
Article 5 – The Agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance
by the consumer of the offer and the fulfillment of the conditions imposed thereby.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm without delay
electronically the receipt of the acceptance of the offer. As long as the agreement 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
organizational measures to secure the electronic transmission of data and provides a
secure web environment. If the consumer can pay electronically, the entrepreneur will make appropriate
observe safety precautions.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer complies with his
can meet payment obligations, as well as of all those facts and factors relevant to a
responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good
has grounds not to enter into the agreement, he is entitled to justify an order or request to
refuse or attach special conditions to the performance.
5. The business owner shall include with the product or service to the consumer the following information, in writing or on
such that it can be stored by the consumer in an accessible manner on a
durable data carrier, enclose:
the visiting address of the trader’s branch where the consumer can address complaints;
The conditions under which and how the consumer can exercise the right of withdrawal,
or a clear notice regarding the exclusion of the right of withdrawal;
the information on warranties and existing after-purchase service;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to
provided to the consumer prior to the performance of the contract;
the requirements for termination of the contract if the contract has a duration of more than one
year or of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the conditions precedent of sufficient availability
of the betreffende products.
Article 6 – Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the option to terminate the contract without specifying
reasons to dissolve for 14 days. This reflection period starts the day after receipt of the product
by the consumer or a person designated in advance by the consumer and made known to the entrepreneur
representative.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will not
unpack or use product only to the extent necessary to assess whether he has the
product wishes to retain. If he exercises his right of withdrawal, he will return the product with all the
delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur
return, 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 do so within 14 days,
after receiving the product, make it known to the entrepreneur. The notification should be made by the consumer
do so using the model form or by any other means of communication such as e-mail. After the
consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product
return within 14 days. The consumer must prove that the delivered items are timely
returned, such as by proof of shipment.
4. If the customer after the expiration of the periods mentioned in paragraphs 2 and 3 has not made known his intention to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a
fact.
When providing services:
1. In the delivery of services, the consumer has the option to terminate the contract without giving any reasons.
dissolve for at least 14 days, starting from the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will turn to the information provided by the entrepreneur at
the offer and/or reasonable and clear instructions provided no later than at the time of delivery.
Article 7 – Costs in case of withdrawal
1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid an amount, the entrepreneur will this amount as soon as possible but
at the latest within 14 days after revocation. This is subject to the condition that the product has already been returned.
received by the merchant or conclusive proof of complete return can be presented.
Refunds will be made via the same payment method used by the consumer unless the consumer
expressly authorizes another payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is
liable for any decrease in the value of the product.
4. The consumer cannot be held liable for depreciation of the product when due to
the entrepreneur has not provided all legally required information about the right of withdrawal, this should be
happen before the conclusion of 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 defined in paragraph 2
and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer,
at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been made by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence
has;
For single newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal;
For hygienic products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
betreffende accommodation, transportation, restaurant business or leisure activities to be performed on a particular date or
during a given period of time;
whose delivery has begun with the consumer’s express consent before the cooling-off period is
lapsed;
betreffende betting and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or
services not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to
fluctuations in the financial market and over which the entrepreneur has no control, with variable prices
offer. This bound to fluctuations and the fact that any prices listed are target prices,
are listed with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if
they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the
entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the power to terminate the agreement as of the day on which the
price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to sell the product according to the price.
wrong price to deliver.
Article 10 – Conformity and warranty
1. The entrepreneur warrants that the products and/or services comply with the agreement, the in the
offer, to the reasonable requirements of soundness and/or usability and the on the date
of the formation of the agreement existing legal provisions and/or government regulations.
If agreed, the entrepreneur also guarantees that the product is suitable for other than
normal use.
2. A warranty 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 agreement.
3. Any defective or incorrectly delivered products must be delivered within 2 months of discovery of the defect.
to the entrepreneur in writing.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur 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.
5. The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
repair and/or edit;
the delivered products are exposed to abnormal conditions or otherwise carelessly
treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness results in whole or in part from regulations that the government has imposed or will
claims regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and in the
execution of orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in this regard in paragraph 4 of this article, the company will accept accepted
execute orders expeditiously but at the latest within 30 days, unless consumer agreed
with a longer delivery period. If delivery is delayed, or if an order is not or
can only be partially performed, the consumer will receive notice of this no later than 30 days after he has received the
order has placed notice. In this case, the consumer has the right to terminate the agreement without cost.
dissolve. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer may not derive any rights from any terms mentioned.
derive. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer
paid as soon as possible, but no later than 14 days after dissolution, refund.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a
replacement article available. At the latest at the time of delivery, clear and comprehensible manner will be
notified that a replacement item will be delivered. With replacement items, the right of withdrawal cannot be
are excluded. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a previously designated and disclosed to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
Termination
1. The consumer may terminate an agreement entered into for an indefinite period of time, the purpose of which is to regularly
delivery of products (including electricity) or services, at any time terminate in compliance with
of notice rules agreed upon for that purpose and a notice period of not more than one month.
2. The consumer may enter into a fixed-term contract for the regular
delivery of products (including electricity) or services, at any time by the end of the
terminate for a definite term subject to notice rules agreed upon for that purpose and a notice period
of not more than one month.
3. The consumer may the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to cancellation at a particular time or period;
terminate at least in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement that is entered into for a definite period and that extends to the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
certain duration.
2. Notwithstanding the preceding paragraph, an agreement entered into for a definite period of time and aiming at the
regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a
specified duration of up to three months, if the consumer has this extended agreement by the end of
may terminate the extension with not more than one month’s notice.
3. An agreement entered into for a definite period of time for the regular delivery of products
or services, may be tacitly renewed indefinitely only if the consumer may at any time
cancel with up to one month’s notice and up to three months’ notice
in case the agreement extends to the delivery of daily-,
news and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery for acquaintance of daily, news and
weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically at the end of the trial or introductory period.
Duration
1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract
cancel at any time with a notice period not exceeding one month, unless reasonableness and fairness dictate
oppose termination before the end of the agreed term.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer should be
fulfilled within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of a
agreement to provide a service, this period begins after the consumer receives confirmation of the
agreement received.
2. The consumer has the duty to immediately inform the
entrepreneur to report.
3. In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to
to charge the reasonable costs made known in advance to the consumer.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint
in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be fully and clearly described within 2 months
be submitted to the entrepreneur after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur are processed within a period of 14 days from the date of
receipt. If a complaint requires a foreseeably longer processing time, the
entrepreneur replied within the 14-day period with a notice of receipt and an indication of when
the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution.
5. In case of complaints, a consumer should first turn to the entrepreneur. Webshop is currently not
affiliated with a seal of approval with a disputes committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur in writing otherwise
indicates.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either
delivered products replaced or repaired free of charge.
Article 15 – Disputes
1. On contracts between the entrepreneur and the consumer to which these general conditions relate
have, only Dutch law applies. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the
consumer and must be in writing or in such a way that it can be recorded by the consumer.
can be stored in an accessible manner on a durable medium.
