Terms and Conditions
Article 1 - Definitions
In these general terms and conditions, "Little Lights," located in Dordrecht, The Netherlands, Chamber of Commerce (KvK) number 84343362, is referred to as the seller. The counterparty of the seller is referred to as the buyer in these general terms and conditions. The parties collectively refer to the seller and the buyer. The term "agreement" refers to the purchase agreement between the parties.
Article 2 - Applicability of General Terms and Conditions
These terms and conditions apply to all quotations, offers, agreements, and the provision of services or goods by or on behalf of the seller. Deviations from these terms and conditions can only be agreed upon in writing and expressly by the parties.
Article 3 - The Agreement
The agreement is concluded, subject to the provisions of Article 5, at the moment the buyer accepts the offer and meets the conditions set out therein. If the buyer accepts the offer electronically, the seller will immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed by the seller, the buyer can cancel the agreement. If the agreement is concluded electronically, the seller takes suitable technical and organizational measures to secure the electronic transfer of data and provides a secure web environment. If the buyer can make electronic payments, the seller will take appropriate security measures for that purpose. Within legal limits, the seller can verify whether the buyer can meet their payment obligations and gather all the facts and factors relevant to responsibly entering into a distance agreement. If the seller has substantial grounds, based on this examination, not to enter into the agreement, they are entitled to reasonably refuse an order or request, or to attach special conditions to the execution.
Article 4 - Payment
The full purchase price is always paid immediately in the online store. In some cases, an advance payment may be expected for reservations. In such cases, the buyer will receive proof of the reservation and the advance payment. If the buyer fails to make the payment on time, they are in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled their payment obligations. If the buyer defaults, the seller will proceed to collect the payment. The costs associated with this collection are borne by the buyer and are calculated in accordance with the Extrajudicial Collection Costs Decree. In the event of liquidation, bankruptcy, attachment, or suspension of payments of the buyer, the seller's claims against the buyer become immediately due. If the buyer refuses to cooperate in the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.
Article 5 - Offers, Quotations, and Prices
Offers are non-binding unless a term for acceptance is explicitly mentioned in the offer. If the offer is not accepted within the specified period, the offer lapses. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the buyer to make a proper assessment of the offer. If the seller uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the buyer. Every offer contains information that makes it clear to the buyer what the rights and obligations are related to accepting the offer. This includes, in particular, the price including taxes, any delivery costs, the process for concluding the agreement and the necessary steps, whether the right of withdrawal applies, the methods of payment, delivery, and execution of the agreement, the acceptance period, or the period within which the seller guarantees the price. The seller's commitment to any applicable codes of conduct and how the buyer can consult these codes of conduct electronically are also included. In the case of long-term transactions, the minimum duration of the remote agreement is also specified. Delivery times mentioned in offers are indicative and do not give the buyer the right to terminate the agreement or claim damages for exceeding them, unless expressly and in writing agreed otherwise between the parties. Offers and quotations do not automatically apply to follow-up orders. Parties must explicitly and in writing agree on this. The prices mentioned in offers, quotations, and invoices include the purchase price, including applicable VAT and other government levies. During the validity period specified in the offer, the prices of the offered products and services will not be increased, except for price changes due to changes in VAT rates.
Article 6 - Right of Withdrawal
The buyer has the right to withdraw from the agreement within 14 days after receiving the order without providing any reason (the right of withdrawal). The withdrawal period starts from the moment the buyer has received the (entire) order. There is no right of withdrawal when the products have been custom made to the buyer's specifications or are perishable. If the buyer wishes to exercise their right of withdrawal, they must notify the seller within 14 days by sending an email to info@little-lights.nl, including at least the order number to which the withdrawal applies and the products and/or services for which they wish to exercise their right of withdrawal. The buyer can use the withdrawal/return form available on the seller's website under the "Returns & Warranty" section. If the buyer exercises their right of withdrawal, the costs of returning the goods are borne by the buyer. After the buyer has expressed their intention to exercise their right of withdrawal, they must return the product within 14 days after receiving it. The buyer must provide evidence that the goods were returned in a timely manner, for example, by means of proof of shipment. During the reflection period, the buyer must handle the product and packaging with care. They should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they must return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging, in accordance with the reasonable and clear instructions provided by the seller.
Article 7 - Amendment of the Agreement
If, during the execution of the agreement, it becomes apparent that it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely and mutual consultation. If the parties agree to amend or supplement the agreement, the completion time for the execution may be affected. The seller will inform the buyer about this as soon as possible. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in advance in writing. In deviation from the third paragraph of this article, the seller cannot charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to them.
Article 8 - Delivery and Transfer of Risk
Once the purchased item has been received by the buyer, the risk is transferred from the seller to the buyer.
Article 9 - Inspection and Complaints
The buyer is obligated to examine the delivered product or service at the time of (delivery), or in any case as soon as possible. The buyer must verify whether the quality and quantity of the delivered product comply with the agreement or whether the quality and quantity correspond to the requirements that apply in normal (trade) traffic. Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing within 2 days (48 hours) after the day of delivery by the buyer. If the complaint is justified within the specified period, the seller has the right to either rectify the issue, redeliver, or refrain from further performance of the agreement and issue a credit note to the buyer for that portion of the purchase price. Minor and/or customary variations and differences in quality, quantity, size, or finish cannot be attributed to the seller. Complaints about a particular product do not affect other products or components of the same agreement. After processing the goods by the buyer, no further complaints will be accepted.
Article 10 - Samples and Models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided for reference only without the obligation for the delivered item to correspond to it. This is different when the parties have explicitly agreed that the delivered item will correspond to the sample or model. In agreements concerning real estate, the mention of the surface area or other dimensions and descriptions is also presumed to be for reference only without the obligation for the delivered item to correspond to it.
Article 11 - Delivery
Delivery is made 'ex works/store/warehouse.' This means that all costs are for the buyer.
The delivery address specified by the consumer to the seller is considered the place of delivery.
Subject to the provisions of Article 5 of these general terms and conditions, the seller will execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fully or partially executed, the buyer will be notified by the seller within 30 days from the date the order was placed. In this case, the buyer has the right to terminate the agreement at no cost. The buyer is not entitled to compensation in this case.
In case of termination in accordance with the previous paragraph, the seller will refund the amount paid by the buyer as soon as possible but no later than within 30 days after termination.
The buyer is obliged to accept the goods at the moment the seller delivers them or makes them available according to the agreement.
If the buyer refuses acceptance or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the buyer's expense and risk.
In case of delivery, the seller is entitled to charge any delivery costs.
If the seller requires data from the buyer for the execution of the agreement, the delivery time commences after the buyer has provided these data to the seller.
A delivery term specified by the seller is indicative. It is never a strict deadline.
In case of exceeding the term, the buyer must notify the seller in writing.
Article 12 - Force Majeure
If the seller cannot, in a timely or proper manner, fulfill their obligations under the agreement due to force majeure, they are not liable for any damage suffered by the buyer. The parties understand force majeure to include any circumstances that the seller could not reasonably have foreseen at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or the threat of war, civil war, riots, sabotage, terrorism, power failure, flooding, earthquakes, fire, occupation of premises, strikes, labor lockouts, altered government measures, transportation difficulties, and other business disruptions for the seller. Furthermore, the parties understand force majeure to include situations where suppliers on which the seller relies for the execution of the agreement do not meet their contractual obligations to the seller, unless this is attributable to the seller. If a situation as described above occurs that prevents the seller from fulfilling their obligations towards the buyer, these obligations are suspended for as long as the seller cannot fulfill them. If the situation mentioned in the previous sentence lasts for 30 calendar days, the parties have the right to wholly or partially terminate the agreement in writing. If force majeure continues for more than three months, the buyer has the right to immediately terminate the agreement in writing. Termination can only be done by registered letter.
Article 13 - Transfer of Rights
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a stipulation with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.
Article 14 - Retention of Title and Right of Retention
The goods present at the seller's and the delivered goods and parts remain the property of the seller until the buyer has paid the agreed price in full. Until that time, the seller may invoke their retention of title and repossess the goods. If the agreed advance payments are not made, or not made on time, the seller has the right to suspend the work until the agreed part has been paid. This constitutes creditor's default. In this case, a delayed delivery cannot be attributed to the seller. The seller is not authorized to pledge or otherwise encumber the goods falling under their retention of title in any way. The seller undertakes to insure the goods delivered under retention of title to the buyer and to keep them insured against fire, explosion, and water damage, as well as theft, and to show the policy upon first request. If goods have not been delivered but the agreed advance payment or price has not been paid according to the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full as agreed. In the event of liquidation, insolvency, or suspension of payments by the buyer, the buyer's obligations are immediately due and payable.
Article 15 - Liability
Any liability for damages arising from or related to the execution of an agreement is always limited to the amount that will be paid out under the relevant liability insurance policy(ies) in the specific case. This amount is increased by the amount of the deductible under the respective policy. Not excluded is the liability of the seller for damages resulting from intent or conscious recklessness of the seller or their senior subordinates.
Article 16 - Duty to Complain
The buyer is obliged to immediately report complaints about the work performed or products and/or services delivered to the seller. The complaint must contain the most detailed possible description of the shortcoming, enabling the seller to respond adequately. Complaints regarding damages, shortages, or loss of delivered goods must be submitted to the seller in writing within 2 days (48 hours) after the day of delivery of the goods. If the complaint is found to be valid, the seller has the option to adjust the invoiced price, rectify or redo the delivered services at no cost, or fully or partially cease the execution of the agreement with a refund of the amount paid by the buyer. The seller will respond to the complaint in writing within 7 days of receiving it.
Article 17 - Warranties
If the agreement includes warranties, the following applies. The seller guarantees that the product sold conforms to the agreement, operates without defects, and is suitable for the intended use by the buyer. This warranty is valid for a period of two calendar years from the receipt of the product by the buyer. The mentioned warranty aims to create a risk-sharing arrangement between the seller and the buyer in such a way that the consequences of a breach of warranty always come entirely at the expense and risk of the seller, and the seller can never rely on Article 6:75 of the Dutch Civil Code regarding a breach of warranty, even if the breach was known or could have been known to the buyer through inspection. The mentioned warranty does not apply when the defect has arisen due to improper or inappropriate use or when, without permission, the buyer or third parties have made changes or attempted to make changes to the purchased product, or have used it for purposes for which it was not intended. If the warranty provided by the seller concerns a product produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
Article 18 - Intellectual Property
Little Lights retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all products, designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, maquettes, etc., unless otherwise agreed in writing by the parties. The customer may not copy, show to third parties, make available, or otherwise use the mentioned intellectual property rights without prior written consent from Little Lights.
Article 19 - Amendment of General Terms and Conditions
Little Lights is entitled to change or supplement these general terms and conditions. Minor changes can be made at any time. For significant changes to the terms and conditions, Little Lights will discuss these with the customer as much as possible. Consumers have the right to terminate the agreement in case of a substantial change to the general terms and conditions.
Article 20 - Applicable Law and Competent Court
Dutch law exclusively applies to any agreement between the parties. In the event of a dispute between the seller and the buyer that cannot be resolved through mutual agreement, this dispute will be submitted to the competent court in the district where the seller is located. The Dutch court in the district where Little Lights is located has exclusive jurisdiction to handle any disputes between the parties, unless the law prescribes otherwise. The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are considered unreasonably onerous in a legal proceeding, the remaining provisions will remain in effect.
Last updated on October 26, 2023.