Terms and Conditions

Article 1 – Definitions
Article 2 – Identity of the Business Owner
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Cancellation
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-Term Transactions: Term, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Different Provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
2. Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business;
3. Day: calendar day;
4. High-Value Transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or accept is spread out over time;
5. Durable data storage medium: any means that enables a consumer or business to store information addressed to them personally in a way that allows for future access and unaltered reproduction of the stored information.
6. Right of Withdrawal: the consumer's right to cancel the distance contract within the cooling-off period;
7. Sample Form: the model withdrawal form provided by the business that a consumer can fill out when he or she wishes to exercise his or her right of withdrawal.
8. Entrepreneur: a natural person or legal entity that offers products and/or services to consumers through distance selling;
9. Distance Contract: a contract in which, within the framework of a system for the distance sale of products and/or services organized by the business, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
10. Remote communication technology: a means that can be used to enter into a contract without the consumer and the business owner being physically present in the same location at the same time.
11. Terms and Conditions: the business owner’s General Terms and Conditions set forth herein.

Article 2 – Identity of the Business Owner

LED Guru
7 Compagnonsweg
9482 WR Tynaarlo

Phone number: +31(0)592-580000
Email address: info@ledgoeroe.nl
Chamber of Commerce number: 59649208
VAT ID Number: NL002330655B40

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the business and to every distance contract and order entered into between the business 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 stated before the distance contract is concluded that the general terms and conditions are available for inspection at the business’s premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that the consumer can easily store them 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 viewed electronically and that they will be sent free of charge, upon the consumer’s request, either electronically or by other means.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him or her.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the agreement and these terms and conditions shall remain in full force and effect in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in accordance with 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 business owner is entitled to change and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the business uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.
4. All images and specifications in the offer are for illustrative purposes only and cannot serve as grounds for compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The merchant cannot guarantee that the colors displayed will exactly match the actual colors of the products.
6. Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
   • the price, including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and the steps required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and performance of the agreement;
   • the deadline for accepting the offer, or the period during which the business owner guarantees the price;
   • the amount of the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard base rate for the means of communication used;
   • whether the agreement is archived after it is concluded, and if so, where the consumer can access it;
   • the manner in which the consumer, prior to entering into the contract, can verify the information provided by him or her in connection with the contract and, if desired, correct it;
   • any other languages in which, in addition to Dutch, the agreement may be concluded;
   • the codes of conduct to which the business has agreed to adhere and the manner in which consumers can access these codes of conduct electronically; and
   • the minimum term of the distance contract in the case of a continuing transaction.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed the contract following this acceptance, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for that purpose.
4. The business may—within the legal framework—ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business has valid grounds not to enter into the contract, it is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its performance.
5. The business must provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
   • the visiting address of the business’s location where consumers can file complaints;
   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about warranties and existing post-purchase service;
   • the information set forth in Article 4, paragraph 3, of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract;
   • the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the preceding paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the right to cancel the contract within 14 days without providing a reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the business, receives the product.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to determine whether he wishes to keep it. If the consumer exercises their right of withdrawal, they must return the product to the merchant with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.
3. If the consumer wishes to exercise his right of withdrawal, he is required to notify the merchant within 14 days of receiving the product. The consumer must provide this notification using the model form. After the consumer has notified the merchant of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered items were returned in a timely manner, for example, by providing proof of shipment.
4. If, upon the expiration of the time periods specified in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the business, the sale is considered final.

When providing services:

1. When services are provided, the consumer has the right to cancel the contract without giving a reason for at least 14 days, starting on the day the contract is entered into.
2. To exercise their right of withdrawal, consumers must follow the reasonable and clear instructions provided by the business in the offer and/or, at the latest, upon delivery.

Article 7 – Costs in the Event of Cancellation

1. If the consumer exercises his right of withdrawal, he is responsible for no more than the cost of returning the item.
2. If the consumer has paid an amount, the merchant will refund that amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of its complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

1. The business may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or at least in a timely manner before the contract is concluded.
2. The right of withdrawal may be excluded only for products:
   • that were produced by the business in accordance with the consumer’s specifications;
   • that are clearly of a personal nature;
   • that, by their very nature, cannot be returned;
   • that can spoil or become stale quickly;
   • the price of which is subject to fluctuations in the financial market over which the business owner has no control;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software for which the consumer has broken the seal;
   • for hygiene products whose seals have been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
   • to provide lodging, transportation, restaurant services, or recreational activities on a specific date or during a specific period;
   • the delivery of which began with the consumer's express consent before the cooling-off period expired;
   • regarding betting and lotteries.

Article 9 – The Price

1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the business may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the business has no control. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases effective 3 months or more after the agreement is entered into are permitted only if the business owner has stipulated this and:
   • are the result of legal regulations or provisions; or
   • The consumer has the right to terminate the contract effective as of the day the price increase takes effect.
5. The prices listed in the product or service offerings include VAT.
6. 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 or typesetting errors, the business is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the business under the contract.
3. Any defects or incorrectly delivered products must be reported to the business in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the ultimate suitability of the products for any individual use 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 had them repaired and/or modified by a third party;
   • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been handled in a manner contrary to the seller’s instructions and/or the instructions on the packaging;
   • the defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The business owner will exercise the utmost care when accepting and fulfilling orders for products and when evaluating requests for services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 cancel the contract at no cost. The consumer is not entitled to compensation.
4. All delivery times are approximate. The consumer cannot derive any rights from any delivery times that may be stated. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event of termination pursuant to paragraph 3 of this article, the merchant shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the merchant.
7. The risk of damage to and/or loss of products remains with the merchant until the time of delivery to the consumer or to a representative designated in advance and notified to the merchant, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Term, Termination, and Renewal

Cancellation

1. The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon cancellation rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed-upon cancellation rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:
   • terminate at any time and not be limited to termination at a specific time or during a specific period;
   • at least terminate them in the same manner in which they were entered into by him;
   • Always give notice with the same notice period that the business owner has stipulated for himself.

Extension

1. A contract entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the preceding paragraph, a contract entered into for a fixed term and intended for the regular delivery of dailynewspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate this renewed contract toward the end of the renewal period with a notice period of no more than one month.
3. A contract entered into for a fixed term that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer is permitted to terminate the contract 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 contract provides for the regular, but less than once a month, delivery of daily newspapers, news publications, weekly newspapers, and magazines.
4. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically upon the expiration of the trial or introductory period.

Duration

1. If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
2. The consumer is obligated to immediately notify the business of any inaccuracies in the payment information provided or listed.
3. In the event of nonpayment by the consumer, the business has the right—subject to statutory limitations—to charge the consumer the reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

1. The business owner has a complaints procedure that has been adequately publicized and handles the complaint in accordance with this procedure.
2. Complaints regarding the performance of the contract must be submitted to the business in full and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the business owner will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment 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 procedure.
5. If a consumer has a complaint, they should first contact the business. If the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the business and the consumer agree to abide by this binding ruling. Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the committee in question. It is also possible to file complaints through the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the business owner’s obligations, unless the business owner indicates otherwise in writing.
7. If the business owner determines that a complaint is valid, the business owner will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or Different Provisions

Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.