General Terms and Conditions
General Terms and Conditions LumenXL
Manager / owner: Jeroen Hoogeveen
Terms and conditions of sale
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website at www.lumenxl.com (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 18. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. THESE TERMS
What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you, and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are LumenXL B.V. registered in the Netherlands. Our registered office and main trading address is at Euregioweg 330 Unit 15, 7532 SN Enschede in the Netherlands. Our registered VAT number is NL 856613654B01.
How to contact us. You can contact us by telephoning our customer service team on +31 85 773 1906 or by e-mailing us at [email protected].
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
"Writing" includes e-mails and faxes. When we use the words "writing" or "written" in these terms, this includes e-mails and faxes.
3.CHANGES TO OUR WEBSITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
We will not be liable to you if the Website is unavailable at any time.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
All prices and descriptions supersede all previous publications.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
- REGISTERING ON THIS WEBSITE
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:
-That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
-You will notify us immediately of any changes to the information provided on registration
-You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision
-To only use the Website using your own username and password
-To make every effort to keep your password safe
-Not to disclose your password to anyone
-To change your password immediately upon discovering that it has been compromised
-To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
7. ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website Lumenxl.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
- access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Product ratings.
- The ability to submit suggestions via our site.
- Product reviews.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is strictly prohibited.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
8. NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
- ELIGIBILITY TO PURCHASE FROM THE WEBSITE
To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
-Be 18 years of age or over
-Be legally capable of entering into a binding contract
-Provide full details of a delivery address.
-If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
- INTELLECTUAL PROPERTY
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to LumenXL B.V.. Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you to use any of our trade marks or those of our affiliated companies.
- LIMITATION OF OUR LIABILITY
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
-use of, or inability to use, our site; or
-use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
-loss of profits, sales, business, or revenue;
-loss of anticipated savings;
-loss of business opportunity, goodwill or reputation; or
-any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- UPLOADING CONTENT TO OUR WEBSITE
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.
The views expressed by other users on our site do not represent our views or values.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
- RIGHTS YOU LICENSE
When you upload or post content to our site, you grant the following licences:
-a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to us to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by our site (including without limitation for use by us to promote our site or the service), and in all and any media.
-a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to other users of our site and our advertisers, business associates and affiliates to view that content in connection with the service provided by our site.
14. IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
If you are a consumer, you may only purchase products from our website if you are at least 18 years old.
15. IF YOU ARE A BUSINESS CUSTOMER
This clause 15 only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase products.
These terms and any document expressly referred to in them, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
16. OUR CONTRACT WITH YOU
How we will accept your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 15.2 below.
We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched. The Contract between us will only be formed when we send you this e-mail.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK and the specific European countries listed on our website at www.lumenxl.com/uk. Our website is solely for the promotion of our products in those countries. Unfortunately, we do not deliver to addresses outside those countries.
17. OUR PRODUCTS
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
Making sure your measurements or specifications are accurate. If we are making the product to measurements or specifications you have given us, you are responsible for ensuring that these details are correct. You can find information and tips on how to do this on our website or by contacting us.
18. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
19. OUR RIGHT TO MAKE CHANGES
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements (such as changes in the Energy Labelling Directive 2010/30/EU or general changes in the law);
(b) to implement minor technical adjustments and improvements, such as new technical solutions like improved LED technology or more energy-efficient light bulbs. These changes will not affect your use of the product.
More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you, and you may then contact us to end the contract and receive a full refund before the changes take effect:
(a) Price variation;
(b) Changes to the colour of the product; or
(c) Changes to the measurements of the product.
20. PROVIDING THE PRODUCTS
Delivery costs. The costs of delivery will be as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page by clicking here.
When we will provide the products. We will contact you with an estimated delivery date, which will be within the timescale indicated within the product details shown on our website.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will make one further attempt to deliver the products to that address. If the second attempt fails, you will need to contact us to arrange re-delivery.
If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.
If you use a pickup shop. If you do not pick up your order within seven days, it will be sent back to us.
Clauses 20.7, 20.8 and 20.9 only apply if you are a consumer.
Your legal rights if we deliver late. If you are a consumer, you have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
Setting a new deadline for delivery. If you are a consumer, and you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 0, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery if you are a consumer. If you do choose to treat the contract as at an end for late delivery under clause 20.7 or clause 20.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us, or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +31 85 773 1906 or e-mail us at [email protected] for a return label or to arrange collection.
When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
When you own the products. You own the products once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your full name and postal address, and your e-mail address. If so, this will have been stated on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
21. YOUR RIGHTS TO END THE CONTRACT IF YOU ARE A CONSUMER
This clause 21 only applies if you are a consumer.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 24;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 21.2;
(c) If you have just changed your mind about the product, see clause 21.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to(see clause 19.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clauses 20.7 to 20.9).
Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 30 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of products made to your specific requirements (in other words, outside of the standard range of options we offer), or which are personalised or are otherwise bespoke.
How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the products.
22. YOUR RIGHT TO RETURN IF YOU ARE A BUSINESS
This clause 22 only applies if you are a business.
If you are a business, we warrant that on delivery and for a period of twelve months from the date of delivery (warranty period) the products shall:
(a) conform in all material respects with their description and any applicable specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
Subject to clause 22.3 and the remainder of this clause 22.2, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in clause 22.1;
(b) we are given a reasonable opportunity of examining such products; and
(c) you (if asked to do so by us) return such products to our place of business at your cost, we shall, at our option, repair or replace the defective products, or refund the price of the defective products in full. Please note that defects or damage apparent on delivery should be notified to us in writing within five days of delivery, quoting the delivery note or invoice number; you must therefore inspect the products upon delivery.
We shall not be liable for the products' failure to comply with the warranty set out in clause 11.1 in any of the following events:
(a) you make any further use of such products after giving notice in accordance with clause 22.2;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the products or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of our following any drawing, design or specification supplied by you;
(d) you alter or repair such products without our written consent;
(e) the defect arises as a result of fair wear and tear, improper handling, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the products differ from their description (or the specification, as the case may be) as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this clause 22, we shall have no liability to you in respect of the products' failure to comply with the warranty set out in clause 22.1.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
These terms shall apply to any repaired or replacement products supplied by us.
23. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer service on +31 85 773 1906 or by e-mailing us at [email protected]. Please provide your name, your full address, details of the order and, where available, your phone number and e-mail address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the products back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +31 85 773 1906 or e-mail us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 60 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong; or
(c) if your are exercising your right to change your mind.
In all other circumstances, you must pay the costs of return.
What we charge for collection. We provide a return label for the return of the goods. This allows the parcel to be handed in free of charge to the specified shipping service provider.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products, and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 23.2.
24. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +31 85 773 1906, write to us at Lumen XL B.V.,Ingenieur Hanlostraat 15 7547 RD Enschede, Netherlands, or e-mail us at [email protected].
Summary of your legal rights if you are a consumer. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights as a consumer in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights if you are a consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website at www.citizensadvice.org.uk, or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:
- Up to 30 days: if your item is faulty, then you can get a refund.
- Up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either post them back to us or (if they are not suitable for posting), allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +31 85 773 1906, or e-mail us at [email protected] for a return label or to arrange collection.
25. DISPUTE RESOLUTION FOR CUSTOMERS
We always strive to come to a mutual understanding with our customers. Please take advantage of our customer service centre contact line by writing [email protected]or by contacting us via one of the other means of contact available on our site. The European Commission offers an online dispute resolution platform with further information on this subject under this link. We however are not legally obligated and will not take part in a formal dispute resolution procedure before the Consumer Conciliation Board.
26. PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 26.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. You can pay for products either by bank transfer direct to the bank account nominated by us, or by paying directly through our website.
VAT rates for international orders. Our prices include the applicable statutory value added tax. If you order from another country, the VAT rate to be charged may differ. The applicable VAT rate will be shown when completing your order and is stated on the invoice.
27. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
This clause 27 only applies if you are a consumer.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
28. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 28 only applies if you are a business customer.
Nothing in these terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.