Terms and conditions

General Terms and Conditions

Below you will find general terms and conditions that you can use for your webshop. Please note: no rights can be derived from these general terms and conditions. Consult a lawyer if you have any doubts about their content.

Article 1 - Definitions

In these terms and conditions, the following terms are defined as follows:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

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

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility 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 from a distance;

Distance contract: a contract in which, within the framework of a system organised by the trader for the distance selling of products and/or services, up to and including the moment the contract is concluded,

exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time .

General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Creasian vibe

Spakenburgstraat 36 1107 WS Amsterdam;

Email address: support@lumiouzlights.com;

Chamber of Commerce number: 94025665

VAT registration number: NL005058556B19;

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed with the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded , 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 them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and in the event of contradictory general terms and conditions, the consumer can always invoke 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 null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be brought as close as possible to the original in mutual consultation.

Situations that are not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.

Unclear points about the explanation or content of one or more provisions of our terms and conditions should be explained 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 shall be explicitly mentioned in the offer.

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

The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer . If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours displayed exactly match 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 accepting the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the way in which the contract will be concluded and which actions are required for this;

whether or not the right of withdrawal is applicable; the method of payment, delivery and implementation of the contract;

the period for accepting the offer, or the period within which the entrepreneur 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 regular basic tariff for the means of communication used;

whether the contract is filed after its conclusion, and if so how it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;

any other languages in which, in addition to Dutch, the contract can be concluded;

and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an extended duration transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The contract

The contract is, subject to the provisions in paragraph 4, concluded at the moment the consumer accepts the offer and fulfils the corresponding conditions.

If the consumer accepted the offer via electronic means , then the trader shall promptly confirm receipt of having accepted the offer via electronic means . As long as the entrepreneur has not confirmed receipt of this acceptance , the consumer may terminate the agreement.

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

security measures.

The entrepreneur can – within the law – inform themselves whether the consumer can meet their payment obligations , as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has sound reasons for not entering into the contract, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the contract.

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

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can 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 information contained in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product . If he exercises his right of withdrawal, he shall return the product to the trader with all accessories supplied and – if reasonably possible – in the original condition and packaging, 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 inform the entrepreneur of this within 30 days of receipt of the product. The consumer must make this known by means of a written message/

e-mail. After the consumer has indicated that he/she wishes to exercise his/her right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can 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 clearly stated this in the offer, or at least in good time before the contract was concluded.

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

a. that have been created by the trader in accordance with the consumer's specifications;

b. that are clearly of a personal nature;

c. that cannot be returned due to their nature; d. that can spoil or age quickly;

e. whose prices are subject to fluctuations in the financial market over which the trader has no influence;

f. for individual 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. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which commenced with the explicit consent of the consumer before the reflection period had lapsed;

c. concerning bets and lotteries.

Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, subject to changes in price due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases more than three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated as much and:

a. they are the result of statutory regulations or provisions; or

b. the consumer is authorised to cancel the contract as of the day on which the price increase takes effect.

The prices stated in the range of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations that exist on the date that the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of 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 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 warranty does not apply if:

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

The delivered products have been exposed to abnormal circumstances or have otherwise been handled carelessly or have been handled in conflict with the instructions of the entrepreneur and/or on the packaging;

The defectiveness is wholly or partially the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is deemed to be the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will fulfil accepted orders with convenient speed, but at the latest within 30 days , unless a longer delivery period has been agreed to by the consumer. If delivery is delayed or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall repay the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to offer a replacement article . At the time of delivery at the latest, it will be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Long-term transactions: duration, cancellation and renewal Termination

The consumer may at all times terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of one month at most.

The consumer can cancel the agreements mentioned in the previous paragraphs

at any time

and not be limited to cancellation at a specific time or within a specific period;

cancel them at least in the same way as they entered into by him;

always cancel them with the same notice period as the entrepreneur has stipulated for himself.

Extension

A fixed-term contract that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.

Contrary to the previous paragraph, a contract that has been entered into for a fixed period of time and that extends to the regular delivery of daily newspapers, news and weekly papers and magazines may be tacitly renewed

for a fixed period of a maximum of three months, if the consumer cancels this extended contract before the end of the month.

A fixed-term contract that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement covers the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

If an agreement lasts for more than a year, the consumer may terminate the agreement at any time after a year with a notice period of no more than one month, unless the agreed duration is more than three months.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report immediately to the entrepreneur any inaccuracies in the payment details provided or stated.

In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has observed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 30 days with a message 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 susceptible to the dispute settlement.

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

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at their discretion, 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 exclusively governed by Dutch law. This also applies if the consumer lives abroad.