Terms and Conditions

General terms and conditions Bulbs4you https://www.bulbs4you.nl

General terms and conditions based on the model terms and conditions of Stichting 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 implementation
Article 12 - Duration transactions: duration, termination and extension Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read all about the reflection period.
2. Consumer: the natural person who does not act for purposes relating to his trade, business, craft or profession and enters into a distance contract with the entrepreneur;

3. Day: calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible to future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same space at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Bulbs4you

Burgemeester de Katlaan 1

2182 GH Hillegom Netherlands

T
E info@bulbs4you.nl CoC 81477368
VAT number

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
2. 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 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, then, 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 easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
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 remain in force for the remainder and the provision in question shall be replaced immediately by mutual consultation by a provision that approximates the scope of the original as closely as possible.
6. Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities about the explanation or content of one or more provisions of our terms and conditions must 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 subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot lead to any compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The 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 that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the technique for

distance communication are calculated on a basis other than the regular basic rate for the

communication medium used;
whether the agreement is archived after conclusion, and if so, how it can be

consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these

codes of conduct by electronic means; and
the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm 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 can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, providing reasons.
5. The entrepreneur will send the following information with the product or service to 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:

the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information on warranties and existing after-sales service;

the data included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

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

6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. 7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and the 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 will 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.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by means of another communication medium such as e-mail. After the consumer has made known that he wishes to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.

Upon delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

The consumer returns the product to: Bulbs4you, Burgemeester de Katlaan 1, 2182 GH Hillegom, Netherlands. The withdrawal itself can be done by mail to this address, by e-mail to info@bulbs4you.nl, or via the model form on the Return Policy page.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return shipment will be for his account at most.
2. 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. A condition for this is that the product has already been received back by the webshop operator or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation in value 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 about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The right of withdrawal does not exist for the following agreements:

1) for the supply of services after the service has been fully performed, provided that the performance has begun with the consumer's prior express consent, and acknowledging that he will lose his right of withdrawal once the contract has been fully performed by the trader;
2) for the supply of goods or services for which the price is dependent on fluctuations in the financial market which the trader cannot control and which may occur within the withdrawal period;
3) for the supply of goods made to the consumer's specifications or clearly personalized;
4) for the supply of goods which are liable to deteriorate or expire rapidly;
5) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
6) for the supply of goods which are, after delivery, by their nature, inseparably mixed with other items;
7) for the supply of alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market which the trader cannot control;
8) where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
9) for the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
11) concluded at a public auction;
12) providing for the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated with the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or

the consumer has the right to terminate the agreement effective from the day the price increase takes effect.

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

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and 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 reliability and/or usability, and the legal provisions and/or government regulations existing on the date on which the agreement was concluded. 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 can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. The entrepreneur is, however, never responsible for the final 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 themselves or has had them repaired

and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partially the result of regulations the government has set or will set

regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not give the consumer the right to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. The fact that a replacement item is being delivered will be reported in a clear and understandable manner no later than at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and renewal

Termination

1. The consumer may at any time terminate an agreement that has been concluded 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.
2. The consumer may at any time terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, by the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.

3. The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be restricted to termination at a specific time or in a specific

period;
terminate at least in the same way as they were entered into by them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. By way of derogation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement by the end of the renewal with a notice period of no more than one month.

3. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed 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 an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved by mutual agreement, a dispute arises that is subject to the disputes settlement procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a disputes committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad. 2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating 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 medium.