Terms and Conditions
Article 1 – Definitions
For the purposes of these general terms and conditions, the following terms shall have the following meanings:
- LED Guru: the business owner as defined in Article 2 of these general terms and conditions;
- Customer: any natural person or legal entity that enters into an agreement with LED Goeroe;
- Consumer: a natural person acting for purposes unrelated to his or her business or professional activities;
- Business customer: a natural person or legal entity acting in the course of a profession or business;
- Agreement: any agreement between LED Goeroe and the customer regarding the delivery of products and/or services;
- Distance Contract: an agreement entered into between LED Goeroe and a consumer within the framework of an organized system for distance sales or service provision, in which one or more means of distance communication are used exclusively or in part;
- Cooling-off period: the period during which a consumer may exercise his right of withdrawal;
- Right of Withdrawal: a consumer's legal right to cancel a distance contract within the cooling-off period without giving a reason;
- Customization: a product that is not prefabricated and that is manufactured based on an individual choice or decision by the customer, or that is clearly personalized for a specific customer;
- Commercial Warranty: an additional warranty offered by LED Goeroe that is separate from any statutory warranty rights;
- Durable data storage medium: any medium that allows information to be stored for the customer in a way that enables future retrieval and unaltered reproduction;
- In writing: communication by letter, email, or any other electronic means of communication that allows the content to be permanently recorded.
Article 2 – Identity of LED Goeroe
LED Guru
7 Compagnonsweg
9482 WR Tynaarlo
The Netherlands
Phone: +31 6 21 59 69 42
Email: info@ledgoeroe.nl
Chamber of Commerce number: 59649208
VAT ID number: NL002330655B40
Article 3 – Applicability
- These terms and conditions apply to every offer made by LED Goeroe and to every agreement between LED Goeroe and a customer.
- Provisions in these general terms and conditions that specifically pertain to consumers apply exclusively to consumers.
- Provisions that specifically apply to business customers apply exclusively to business customers.
- Before a distance contract is concluded with a consumer, these general terms and conditions are made available in such a way that the consumer can easily access and save them.
- If, in addition to these general terms and conditions, any supplementary or specific product, quotation, or service terms and conditions apply, these will be disclosed before or at the time the agreement is concluded.
- In the event of a conflict between a mandatory statutory provision and these general terms and conditions, the statutory provision shall take precedence.
- If any provision is found to be wholly or partially void or voidable, the remaining provisions of these general terms and conditions shall remain in full force and effect. The parties shall, to the extent necessary, replace the provision in question with a valid provision that corresponds as closely as possible to the purpose and intent of the original provision.
- A business customer’s general terms and conditions do not apply unless LED Goeroe has expressly agreed to them in writing.
Article 4 – The Offer
- LED Guru describes the products and services it offers as completely and accurately as possible.
- Images, drawings, dimensions, renderings, color representations, technical specifications, and other product information are intended to provide the best possible representation of the product.
- Minor deviations that do not significantly affect a product's normal usability may occur.
- Specifications or characteristics that have expressly become part of the agreement must be met by the delivered product.
- Obvious errors, mistakes, and typos in prices, descriptions, specifications, or other information are not binding on LED Goeroe if it should have been reasonably clear to the customer that an error had occurred.
- If an offer is valid for a limited time or is subject to specific conditions, this will be stated in the offer.
- For custom orders, LED Goeroe may require additional information, drawings, specifications, dimensions, or customer approval before beginning production or implementation.
Article 5 – Formation of the Agreement
- The agreement is concluded when the customer accepts LED Goeroe’s offer and meets the conditions set forth therein.
- For electronic orders, LED Goeroe will confirm receipt of the order electronically.
- A quote is valid for the period specified therein.
- LED Goeroe may, within the limits of the law, refuse an order or impose additional conditions if there are legitimate grounds for doing so.
- The customer is responsible for the accuracy of the details, measurements, specifications, quantities, connection details, and other information provided with the order.
- In the case of custom work, the agreement is based in part on the specifications provided by the customer or approved in writing.
Article 6 – Prices
- For consumers, prices are displayed inclusive of VAT, unless clearly stated otherwise and permitted by law.
- In business offers, quotes, and agreements, prices may be shown exclusive of VAT if this is clearly stated.
- Any shipping, transportation, installation, or other additional costs will be disclosed before the agreement is concluded, to the extent that they can be calculated at that time.
- LED Goeroe may change prices. A price change does not affect agreements that have already been entered into, unless this has been expressly agreed upon or directly results from a statutory provision.
- Obvious pricing errors or other clear mistakes are not binding on LED Goeroe if the customer should reasonably have realized that the listed price was incorrect.
Article 7 – Payment
- Payment is made using the payment methods provided with the order, quote, or invoice.
- If payment by invoice has been agreed upon, the payment term stated on the invoice or in the agreement shall apply.
- The customer is required to report any inaccuracies in payment or billing information to LED Goeroe as soon as possible.
- If a consumer fails to pay on time, the statutory rules regarding default, statutory interest, and out-of-court collection costs apply.
- For business customers, LED Goeroe may charge the legally permitted commercial interest rate and reasonable out-of-court collection costs from the moment payment is overdue.
- LED Goeroe may require business customers to make a down payment, pay in full in advance, or provide other security if this is agreed upon in advance or if there is a reasonable basis for doing so.
Article 8 – Delivery and Performance
- LED Goeroe will carefully fulfill orders and agreements.
- Delivery will be made to the delivery address provided by the customer, unless otherwise agreed.
- A stated delivery time is an estimate, unless a firm or guaranteed delivery date has been expressly agreed upon.
- Consumers are always protected by the legal provisions regarding timely delivery. If delivery is not made within the agreed-upon timeframe, the consumer has the rights granted to them by law in such cases.
- If no delivery time has been agreed upon with a consumer, the order will be fulfilled within the statutory time limit, unless a longer period has been agreed upon with the consumer.
- If delivery of a particular product proves impossible, LED Goeroe will contact the customer to discuss an alternative or a refund of any amounts already paid.
- The risk of damage to or loss of products for consumers remains with LED Goeroe until the product is received by the consumer or a third party designated by the consumer who is not the carrier, subject to statutory exceptions.
- For business customers, the risk passes at the time the product is delivered to the business customer or a third party designated by the business customer, unless otherwise agreed in writing.
- The customer must ensure that the location where products are delivered or work is performed is reasonably accessible and suitable.
Article 9 – Right of Withdrawal for Consumers
- A consumer may cancel a distance contract for a product within 14 days without giving a reason, unless a statutory exception applies.
- The cooling-off period begins on the day after the consumer—or a third party designated by the consumer in advance who is not the carrier—has received the product.
- If an order consists of multiple products that are delivered separately, the cooling-off period begins on the day after the last product is received.
- The consumer may exercise the right of withdrawal by clearly informing LED Goeroe before the end of the cooling-off period that he wishes to terminate the contract.
- To do so, the consumer may use, among other things, the model withdrawal form, email, or the legally required online withdrawal function. Use of the model form is not mandatory.
- When a consumer uses an online cancellation feature offered by LED Goeroe, the consumer will receive an electronic confirmation of this in accordance with legal requirements.
- The consumer is not required to provide a reason for the cancellation.
Article 10 – Returns Following Cancellation
- After a valid cancellation, the consumer must return or hand over the product without undue delay and no later than 14 days after the cancellation notice.
- The consumer is responsible for the direct costs of returning the product, unless LED Goeroe has indicated that it will cover these costs or the consumer was not informed of these costs in advance in accordance with the applicable laws.
- During the cooling-off period, the consumer is responsible for handling the product with care.
- The consumer may examine and evaluate a product in a manner comparable to what is reasonably possible in a physical store.
- If the consumer goes beyond what is necessary to determine the nature, characteristics, and functioning of the product, he or she may be liable for any resulting loss in value.
- Returns in the original packaging are preferred whenever reasonably possible, but the absence of the original packaging does not, in and of itself, affect a valid statutory right of withdrawal.
Article 11 – Refund Upon Cancellation
- In the event of a full cancellation, LED Goeroe will refund the payments received from the consumer for the relevant contract, including the cost of the least expensive standard shipping option that LED Goeroe offered for the order.
- Additional costs incurred because the consumer explicitly chose a more expensive delivery method than the least expensive standard delivery do not have to be refunded.
- The refund will be issued without undue delay and no later than 14 days after receipt of the notice of withdrawal.
- When selling products, LED Goeroe may delay issuing a refund until the product has been received or until the consumer provides proof that the product has been returned, whichever occurs first.
- Refunds are generally issued using the same payment method the consumer used for the original transaction, unless otherwise agreed.
Article 12 – Exceptions to the Right of Withdrawal
- The statutory right of withdrawal does not apply if a statutory exception applies.
- For LED Goeroe, this is particularly important for products that:
- not be prefabricated;
- are manufactured based on an individual choice or decision by the consumer; or
- are clearly intended for the consumer's personal or specific situation.
- The mere fact that a product was specially ordered or that a consumer chose from standard options does not automatically mean that the product is custom-made, in which case the statutory right of withdrawal is excluded.
- If the right of withdrawal for a product is excluded, this must be clearly communicated to the consumer before the contract is concluded.
- For services performed during the cooling-off period, the statutory rules regarding express request, any proportionate payment, and the expiration of the right of withdrawal upon full performance apply.
- Business customers do not have a statutory 14-day right of withdrawal, unless LED Goeroe has expressly offered this in writing.
Article 13 – Custom Work
- For custom orders, the customer is responsible for the accuracy and completeness of the measurements, technical data, connection ratings, colors, specifications, drawings, and other instructions provided by the customer.
- When LED Goeroe submits a drawing, proposal, calculation, or specification to the customer for approval, the customer is responsible for reviewing it before giving approval.
- Once final approval is granted, changes may affect the price and delivery time.
- Once custom production has already begun, an order cannot simply be changed or canceled.
- For consumers, any statutory right that cannot be excluded remains fully applicable.
- For business customers, LED Goeroe may charge for costs already incurred and any reasonable damages resulting from changes to or cancellation of custom orders.
- The absence of a right of withdrawal for custom-made products—except where validly excluded—does not mean that custom-made products are not covered by a warranty.
Article 14 – Conformity and Statutory Warranty for Consumers
- A consumer is entitled to a product that conforms to the contract and possesses the characteristics that he or she may reasonably expect.
- In the Netherlands, there is no general fixed expiration date for statutory warranties. The expected lifespan depends, among other things, on the type of product, the price, the product’s characteristics, normal use, and the information provided at the time of sale.
- If a product does not conform to the terms of the contract, the consumer is, in principle, entitled to repair or replacement at no cost, in accordance with the statutory provisions.
- Repairs or replacements must be carried out within a reasonable time and without causing significant inconvenience to the consumer.
- If repair or replacement is not possible, is not performed properly, is not performed within a reasonable time, or cannot reasonably be expected of the consumer under the circumstances in question, the consumer may be entitled, under the conditions provided by law, to a price reduction or termination of the contract.
- Consumers' statutory rights are not limited by any commercial, manufacturer's, or seller's warranty.
- A consumer must report a defect to LED Goeroe within a reasonable time after discovering it. In any case, a report made within two months of discovery is considered timely.
Article 15 – 24-month commercial warranty
- LED Goeroe offers a standard 24-month commercial warranty on products, unless a different term or provision is expressly stated for the product in question in a quote, agreement, or other applicable warranty terms.
- The commercial warranty period begins on the date the product is delivered to the customer.
- In principle, the commercial warranty applies to both consumers and business customers.
- For consumers, this commercial warranty is in addition to their statutory warranty rights. The expiration of the 24-month commercial warranty period therefore does not automatically mean that a consumer’s statutory rights have expired.
- For business customers, the 24-month term refers to a commercial or contractual warranty offered by LED Goeroe and does not constitute a general statutory consumer warranty.
- If a defect is covered by the commercial warranty, LED Goeroe will determine, depending on the circumstances, whether the product will be repaired, replaced, or resolved in another appropriate manner, without prejudice to any mandatory consumer rights.
- Custom-made products are also generally covered by the commercial warranty, unless other warranty arrangements were expressly agreed upon before the contract was concluded.
Article 16 – Exclusions from the Commercial Warranty
- The commercial warranty does not apply to the extent that a defect or damage is demonstrably the result of:
- incorrect, improper, or abnormal use;
- installation or assembly that was not performed in accordance with the applicable instructions or technical specifications;
- use outside the specified electrical, thermal, or environmental specifications;
- modifications, repairs, or alterations made by the customer or a third party that caused the defect;
- incorrect connection, incorrect supply voltage, or improper control;
- power surges, lightning strikes, malfunctions in the electrical system, or other external electrical causes;
- drops, impacts, moisture, corrosion, contamination, or other external factors for which the product was not designed;
- normal wear and tear;
- willful damage or gross negligence.
- A warranty exclusion applies only if there is a sufficient connection between the relevant circumstance and the defect or damage.
- If LED Goeroe performed the installation or assembly itself and the defect can be shown to have resulted from an error in that work, LED Goeroe cannot invoke an exclusion based on improper installation by the customer.
- This article does not limit any statutory consumer rights that may not be excluded by contract.
Article 17 – Warranty and Complaints for Business Customers
- For business customers, the warranty terms set forth in these terms and conditions and, if applicable, in the product offering, the quote, the agreement, or any additional warranty terms apply.
- A business customer must inspect delivered products within a reasonable time after receipt to check for visible damage, quantities, and any discrepancies.
- Any visible defects or shipping damage must be reported to LED Goeroe as soon as possible after discovery.
- The business customer must report any other defects in writing within a reasonable time after discovery.
- Filing a complaint does not automatically release the business customer from its payment obligations, unless otherwise agreed in writing or otherwise provided by law.
- The statutory consumer rules regarding the cooling-off period and consumer purchases do not apply to business customers.
Article 18 – Warranty and Service Notifications
- A defect, warranty claim, or service request can be reported via info@ledgoeroe.nl.
- LED Goeroe may ask the customer to provide the order number, product details, a description of the problem, photos, videos, measurement data, or other information reasonably necessary.
- If necessary, LED Goeroe may ask you to return the product for inspection.
- If a consumer encounters a defect for which LED Goeroe is liable under the statutory warranty, the consumer will not be responsible for the necessary costs of repair or replacement.
- For business customers, investigation, shipping, and other costs are handled in accordance with the agreed-upon warranty terms. If a reported defect is covered by the commercial warranty, LED Goeroe will take this into account during its assessment.
Article 19 – Retention of Title
- To the extent permitted by law, delivered products remain the property of LED Goeroe until the customer has paid in full all amounts due for the relevant delivery.
- A business customer may not pledge products subject to a retention of title or transfer them to a third party as collateral.
- If a business customer fails to meet its payment obligations and LED Goeroe is entitled to reclaim the delivered products, the business customer shall cooperate reasonably in this regard.
Article 20 – Liability
- For consumers, LED Goeroe’s liability is governed by the applicable legal provisions. This article does not limit mandatory consumer rights.
- For business customers, LED Goeroe is, to the extent permitted by law, liable only for direct damages that are the direct result of an attributable failure on the part of LED Goeroe.
- LED Goeroe is not liable to business customers for indirect damages, including consequential damages, lost profits, lost savings, loss of production, business interruption, and loss of data, unless such damages result from willful misconduct or gross negligence on the part of LED Goeroe or its management.
- To the extent permitted by law, liability toward a business customer is limited per incident causing damage to the amount paid for the relevant agreement, unless LED Goeroe’s liability insurance pays out a higher amount, in which case the maximum amount payable is limited to the insured amount paid out.
- Limitations of liability do not apply to the extent that the law does not permit the exclusion or limitation of liability.
- LED Goeroe is not liable for damages resulting from the customer providing incorrect or incomplete data, specifications, dimensions, connection ratings, or other necessary information, to the extent that such damages were caused thereby.
Article 21 – Force Majeure
- LED Goeroe is not liable for damages if it is temporarily or permanently unable to fulfill its obligations due to circumstances that cannot reasonably be attributed to it.
- Depending on the circumstances, force majeure may include, among other things: severe transportation disruptions, fire, flooding, war, government measures, prolonged power or network outages, epidemics, strikes, and serious disruptions affecting suppliers or carriers that are beyond LED Goeroe’s reasonable control.
- In the event of temporary force majeure, obligations may be suspended for as long as performance is reasonably impossible.
- This article does not limit consumers’ mandatory statutory rights, including rights that may arise if delivery does not take place within the statutory or contractually required time frame.
Article 22 – Complaints Procedure
- Complaints about products, orders, or services can be submitted via info@ledgoeroe.nl.
- The customer is asked to describe the complaint as fully as possible and, if relevant, to include the order number and supporting information.
- LED Goeroe will address any complaint within a reasonable period of time.
- If a response takes longer, LED Goeroe will inform the customer and, whenever possible, indicate when a substantive response can be expected.
- Consumers must report a complaint regarding a defect within a reasonable time after discovery. A report submitted within two months of discovery is, in any case, considered timely.
- A complaint does not limit any legal rights that the consumer has under the agreement.
Article 23 – Disputes and WebwinkelKeur
- LED Goeroe attempts to resolve complaints and disputes directly with the customer in the first instance.
- If a consumer and LED Goeroe are unable to reach a resolution together and the applicable conditions are met, the consumer may use WebwinkelKeur’s dispute mediation service.
- WebwinkelKeur's dispute resolution procedure is intended exclusively for consumer purchases and does not apply to business-to-business purchases.
- In the case of business disputes, the parties first seek a solution through mutual consultation.
Article 24 – Governing Law and Jurisdiction
- Agreements with LED Goeroe are governed by Dutch law.
- A choice of Dutch law does not deprive a consumer residing within the European Union of the protection afforded by mandatory provisions of the law that would apply to him or her in the absence of such a choice.
- Disputes with consumers shall be submitted to the court with jurisdiction under the law.
- Disputes with business customers shall, to the extent permitted by law, be submitted to the competent court in the judicial district where LED Goeroe is located, unless the parties agree otherwise in writing.
- The Vienna Sales Convention shall not apply, to the extent that its applicability can be legally excluded.
Article 25 – Amendments to the Terms and Conditions
- LED Goeroe may amend these terms and conditions.
- In principle, the terms and conditions that were in effect at the time an agreement was entered into continue to apply to that agreement, unless a change is required by law or the parties expressly agree otherwise.
- Any amendment that deviates from mandatory consumer law to the detriment of a consumer is not applicable.
Article 26 – Final Provisions
- Any additional or different agreements are only applicable if they have been agreed upon with sufficient clarity.
- For consumers, any deviating agreements may not infringe upon statutory rights from which no derogation may be made to the detriment of the consumer.
- In the event of a conflict between an individually agreed-upon arrangement and these general terms and conditions, the individually agreed-upon arrangement shall prevail, to the extent permitted by law.
