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General Terms and Conditions of Any-Lamp for the private customer
Article 1 - Scope of application
1.1. By ‘Any Lamp’ is meant in these conditions and on the web page:
- the private company with limited responsibility Any Lamp B.V.
- registered office in Dublin, Ireland.
- place of business at:
Upper Pembroke Street 28-32
- Telephone number: +35319038698
- E-mail address: [email protected]
- Company Number: 17260313
- VAT Number: IE3612414TH
1.2. These general terms and conditions apply to:
- Any distance contract that has been established - for example through an order placed by you at Any Lamp via www.any-lamp.ie - and delivery between Any Lamp (hereinafter referred to as Any Lamp or us/we) and you.
- every quotation, offer, and agreement between you and us.
1.3 By placing an order, you accept to be bound by these terms and conditions and declare that they have been read and that you understand them.
1.4 The General Terms and Conditions can be sent on request and the terms and conditions can also be consulted at any time on the above-mentioned site.
1.5 The provisions of the quotation, offer or agreement are valid if they conflict with the provisions of these General Terms and Conditions.
1.6 With 'in writing' is also meant by e-mail in these Terms and Conditions.
Article 2 - Offers
2.1 All our quotations and offers are without obligation unless otherwise agreed in writing. This also applies to deliverability, delivery time, pricing and execution. Each offer contains such information that it is clear to you what the rights and obligations are that are connected to accept the offer.
2.2 Each quotation is based on the pricing used at that time. If these change after the intended moment, we reserve the right to adjust the prices afterward. Changes may include, but are not limited to, currency exchange rates or a supplier changing prices.
2.3 A quote is one-off. For future agreements, you can not, therefore, rely on the same agreements.
2.4 Mistakes or errors can be repaired by us. You can not derive any rights from this.
2.5 All prices are inclusive of VAT.
Article 3 - Establishment and end of the agreement
3.1 The agreement is established upon receiving your written confirmation by us, that you place an order with us and by meeting the corresponding conditions.
3.2 We will confirm to you directly the receiving of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by us, you can terminate the agreement.
3.3 We may inform ourselves whether you can meet your payment obligations or other facts and factors that are important for a responsible conclusion of the agreement. If we have good reasons not to come to an agreement, we may refuse the request or order, or attach special terms to it.
3.4 You, who provides (name, address, city) data in the context of the agreement, guarantees that these are correct, complete and up-to-date. You have the obligation to report inaccuracies in the payment details provided or stated immediately to us.
3.5 The agreement is entered under the suspended condition that the products concerned are available.
3.6 We may suspend the execution of the agreement immediately, or dissolve in whole or in part, without prior notice to you, if:
- You do not (timely) fulfill your obligations of the agreement;
- There is bankruptcy, (provisional) suspension of payment, receivership, debt rescheduling or shutdown, liquidation or full or partial transfer of your business.
We then do not have to pay any compensation to you and also have the right to claim damages and/or payment.
Article 4 - Cancellation
4.1 You can terminate an agreement regarding the purchase of a product during a cooling off period of 14 days without giving any reason. We may ask you for the reason for cancellation, but you are not obliged to state your reason (s).
4.2 The reflection period referred to in paragraph 1 commences on the day after you have received the product or a third party designated by you in advance that is not the carrier, or:
- if you have ordered several products in the same order: the day on which you, or a third party designated by him, received the last product. We may refuse an order for multiple products with different delivery times, provided we have informed you clearly about this prior to the ordering process;
- if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
- with agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by him, received the first product.
Article 5 - Your obligations during the reflection period
5.1 During the reflection period, you will carefully handle the product and the packaging. You will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a store.
5.2 You are only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
Article 6 - Right of withdrawal and the costs thereof
6.1 If you make use of your right of withdrawal, you must notify us within the reflection period by means of the standard withdrawal form or in an unambiguous way.
6.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you return the product, or you hand it over to us (through an authorized representative). This is not necessary if we have offered to collect the product ourselves. In any case, you have observed the return term if you return the product before the reflection period has expired.
6.3 You return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
6.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is your responsibility.
6.5 You bear the direct costs of returning the product.
6.6 If you make use of the right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 7 - Our obligations in the event of cancellation
7.1 If we make your notification of cancellation possible electronically, we will send an acknowledgment of receipt immediately after receipt of this notification.
7.2 We will reimburse all payments from you, including any delivery costs charged by us for the returned product, immediately but within 14 days following the day on which you notify us of the cancellation. Unless we offer to collect the product ourselves, we may wait with refund until we have received the product or until you can prove that you have returned the product, whichever is the earlier.
7.3 We use the same payment method you used for reimbursement unless you agree with another method. The refund is free of charge for you.
7.4 If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to reimburse the additional costs for the more expensive method.
Article 8 - Exclusion of right of withdrawal
8.1 We can exclude the following products from the right of withdrawal:
- Products or services whose price is subject to fluctuations in the financial market on which we have no influence and which may occur within the withdrawal period
- Products manufactured for you that are not prefabricated and that are manufactured on the basis of an individual choice or decision by you or that are clearly intended for a specific person;
Article 9 - Prices and payment
9.1 Prices mentioned (unless otherwise stated) are inclusive of VAT and in Euro.
9.2 The prices are subject to printing and typing errors.
9.3 The prices are exclusive of shipping costs which are made known separately.
9.4 The in 9.1. prices mentioned will not be increased by us after the conclusion of the agreement, unless legal measures make this necessary or if our supplier makes interim price increases. In that case you are authorized to dissolve the agreement by means of a written statement to Any Lamp.
9.5 For payment, use can be made of the payment options stated on the website and under the conditions stated therein.
9.6 We are entitled to refuse an order or request or to attach special conditions to the execution, such as payment in advance. In that case the delivery time starts at the moment that the payment is received by us.
9.7 If payment takes place through banktransfer then a payment term of 14 days applies unless otherwise agreed in writing. Payment must take place on the account number indicated by us.
9.8 If the payment term is exceeded, you will be in default after you have been informed by us of the late payment and you have once again received a period of 14 days to pay. If you have not paid yet, then you owe the statutory interest on the total invoice amount and we may charge the (extra) judicial costs incurred.
9.9 In the event of overdue payment, we are entitled to cease all further deliveries without being obliged to deliver, after receipt of overdue payments.
9.10 You are not entitled to settlement of the amount owed by you to us.
9.11If you lodge a complaint in good time, this does not suspend its payment obligation. In that case you are also still obliged to purchase and pay for other ordered products.
9.12 Objections against the amount of an invoice also do not suspend the payment obligation. If there are inaccuracies in payment details, you must report this immediately to us.
Article 10 - Illustrations and specifications
10.1 All illustrations of products and related specifications, sizes and data presented on the website 'ANY-LAMP.ie' are only approximate. The delivered product may vary slightly from these images and specifications in terms of color, size, etc. This does not result in the product not meeting the requirements of the agreement.
10.2 Obvious mistakes or errors in regards to paragraph 1 of this article do not bind us.
Article 11 - Delivery
11.1 We will take the greatest possible care when receiving and executing the orders. The mentioned delivery times in quotations, offers and on the website count as an indication. No rights can be derived from this and the terms are not final.
11.2 The address supplied by you will be used as the place of delivery. This can be done via the website or on the order requisition.
11.3 Deliveries take place in the country where the order is placed. If you want delivery to take place in another country, we have the right to charge extra shipping costs.
11.4 We are entitled to deliver in parts (partial deliveries), which can be invoiced separately.
11.5 We will execute accepted orders with appropriate urgency after the conclusion of the agreement, but no later than 30 days thereafter. If the delivery is delayed until after 30 days, you will receive notice as soon as possible after we have taken note of this. We will then be at fault if we are held in default by a notice giving us a reasonable period to deliver and when compliance will not be fulfilled. A different delivery period can also be agreed upon or it can be agreed to deliver another product.
11.6 In the case that an order cannot, or can only partly be fulfilled, you’ll receive a notice as soon as we have knowledge of the delay. You will be entitled to cancel the agreement without any cost.
11.7 In case of cancellation in accordance with paragraph 6, we will immediately pay back the possible amount received. You are not entitled to compensation for damages.
11.8 The risk associated with the products is assumed by us until the moment of delivery to you, unless explicitly agreed otherwise.
11.9 If you refuse products or services or do not comply with your delivery agreements, we have the right to terminate the agreement with immediate effect or to dispose of the products directly. We can recover from you the damages and / or costs incurred (eg transport costs).
Article 12 - Retention of title
12.1 All delivered products remain our property until we have received full payment of all open claims, interest and costs incurred.
12.2 You are not allowed to resell these products, use them as payment, pledge or otherwise encumber them.
12.3 It is expected of you to do everything in your power to protect our property right.
12.4 If we have a claim from more than one agreement and/or delivery then these are deemed to form a whole, so that we can exercise our rights on all delivered goods until you have met all obligations.
12.5 We are entitled to take back the delivered goods that have remained our property pursuant to the foregoing paragraphs by which repossession the agreement will be dissolved, without prejudice to our right to recover from you all damage suffered and still to be suffered as a result of the default.
12.6 If third parties seize the products supplied under retention of title, or wish to establish or assert rights on them, then you are obliged to inform us immediately.
Article 13 - Warranty and conformity
13.1 We guarantee that the products supplied by us comply with the legal requirements of usability, reliability and lifespan as reasonably intended by parties to the agreement.
13.2 Insofar as possible, you are obliged to immediately inspect the delivered product (s) upon receipt. If it appears that one or more of these delivered products are wrong, inadequate or incomplete, then you must report in writing (before proceeding to return) these defects within 14 days of receipt (via the website or the address stated on the quotation or invoice).
13.3 Any return of products must be in the original packaging (including accessories and accompanying documentation), in the condition in which you received it.
13.4 If it appears that the supplied product(s) do not answer the agreement, we will replace or repair these products or refund the paid amount. Labour costs are not reimbursed.
13.5 If your complaint turns out to be unfounded, all costs we incurred for the investigation are for your account.
13.6 If the warranty period has expired, all costs for repair or replacement are for your account.
13.7 You can not invoke the guarantee mentioned in paragraph 1 if
- The supplied products have been exposed to abnormal conditions;
- The defect is result of normal wear and tear;
- you have not taken care of it as a careful owner;
- The supplied products have been treated in violation of our instructions and / or guide
- You repaired and/or edited the products yourself or have them repaired and / or edited by third parties;
- there are other circumstances that we have no influence on (such as weather conditions and damage during transport by you).
Article 14 - Liability
14.1 We are excluded from any liability for damage, except for our legal liability and damage as a result of intent or gross negligence on our part.
14.2 Our liability is never higher than the invoice value of the part of the order that we are liable for.
14.3 Our liability is never higher than the amount paid by the insurer in that specific case.
14.4 If liability is already present, this can only apply to the direct damage.
14.5 We are never liable for indirect damage (including, but not limited to, consequential damage, damage due to lost profits or costs incurred to determine the extent and cause of damage).
14.6 If you have shared incorrect and / or incomplete information with us, we will not be liable if this causes damage. In that case, we are also not obliged to deliver (partly) new or replacement products or to give money back.
14.7 The information on the internet site is composed and maintained by us with constant care and attention. However, errors aren’t always preventable. Therefore, no rights can be derived in any way from the information provided on the internet site. We accept no liability for damage resulting in any way from the use of the internet site or from the incompleteness and / or inaccuracy of the information and / or damage provided on the internet site as a result of the (temporarily) unavailability of the internet site.
14.8 We bear no responsibility for photos, descriptions and other information material on the internet site, which are published by third parties.
14.9 Any liability on our part lapses if you do not appeal to the shortcoming within one year after delivery and if you do not inform us in writing within one month of discovery of the (possible) shortcoming.
Article 15 - Intellectual property
15.1 You may not publish or reproduce our work unless we have given you written permission to do so.
15.2 You remain the owner of the documents that you have given us for perusal.
15.3 All intellectual properties, including, but not limited to, copyrights, trademark rights and database rights, to the information, texts, images, logos, photos and illustrations on the internet site and to the layout and design of the internet site are ours and / or our licensors. You may not infringe on this, including the making of copies of the internet site other than technical copies required for the use of the internet site.
Article 16 - Confidential information and personal data
16.1 The parties are obliged to keep secret all confidential information that they receive about the other party's company. This also applies to engaged third parties.
16.2 Information is confidential if this has been designated as such by one of the parties.
16.3 If we act as controller in the sense of the General Data Protection Regulation (hereinafter: GDPR), the following provisions apply:
- We are responsible for the protection of personal data, the use of which is necessary for us to correctly draw up and execute the agreement.
- When we process personal data, this is done with the utmost rigor and due care and in accordance with the GDPR.
- We only use personal data to the extent that this is necessary to be of service to you. The personal data will not be kept longer than is legally allowed or necessary for us to execute the agreement.
- We take technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state-of-the-art and the nature of the processing.
- If you wish to appeal to one of the rights that you have on the basis of the GDPR, this request can be submitted in writing via: [email protected] . We will process this request within the legal deadlines.
Article 17 - Force majeure
17.1 Shortcomings that can not be attributed to us, release us from compliance with the agreed delivery periods and / or delivery obligation. This without you having any right to damage (compensation), interest or other costs.
17.2 If this period lasts longer than two months, each party can dissolve the agreement, without any obligation to compensate the other party for any damage.
17.3 In any case, there is force majeure in the event of war, mobilization, riots, floods, late or incorrect delivery by suppliers, fire, accidents, export and / or import restrictions, business failures, power failures, strike and illness among personnel.
17.4 In case of force majeure, we will inform you as soon as possible. You then have the right to cancel in writing that part of the order that has not been / will be executed within 14 days of receipt of this notification. This does not affect the fact that you have to pay the remaining part that has been executed.
Article 18 - Complaints Procedure
18.1 Complaints about the execution of the agreement should be made within reasonable time, completely, and clearly, using [email protected] , telephone or live chat to us, after you have discovered the shortcomings.
18.2 Complaints will be handled within 14 days after the date of the receipt. Should a complaint demand a foreseeable longer time for handling, you’ll receive a notice stating receipt and an indication as to when you may expect a more detailed answer.
Article 19 - Other provisions
19.1 If any provision of these terms and conditions are null, void or annulled, the other provisions of these terms and conditions shall remain in full force, and an alternative provision resembling the former provision(s) that are null and void as closely as possible, shall be agreed upon by mutual consultation.
19.2 Dutch law applies exclusively to all agreements to which these terms and conditions apply.
19.3 The district court of Oost-Brabant, the Netherlands, shall have exclusive jurisdiction over any disputes, unless we choose to submit disputes to the competent court of the domicile of the buyer.
Article 20 - Change of these conditions
20.1 We can always change the terms and conditions without prior notice.
20.2 We may publish changes to these terms and conditions by posting this on our website or by communicating them in another way. It is therefore advisable to view the conditions from time to time. Changes also apply to existing agreements.
Appendix 1: Cancellation form