Term & conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract related to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: an agreement concluded within the framework of an organized system for distance sales of products and/or services, where exclusive use is made of one or more means of distance communication;

  • Means of distance communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space at the same time;

  • Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

LUCIT
Industrielaan 7B,
9990 Maldegem
BE0762.801.466

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.

If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the consumer can, in the event of conflicting conditions, rely on the applicable provision that is most favorable to them.

If one or more provisions of these terms and conditions are void or annulled, the remaining provisions will remain in full force. The parties will then agree on a replacement clause that reflects the original intent as closely as possible.

Situations not covered by these terms and conditions must be assessed in the spirit of these general terms and conditions.

Uncertainties about the interpretation or content of one or more clauses should also be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that clearly states the rights and obligations attached to acceptance of the offer. This includes:

  • the price, excluding customs clearance fees and import VAT. These additional costs are at the customer's risk and expense. The postal or courier service will apply the special scheme for postal and courier services, which is valid if the goods are imported into the EU country of destination. The postal or courier service will collect the VAT (possibly together with any customs clearance fees) from the recipient;

  • any shipping costs;

  • the manner in which the agreement will be concluded and what actions are required for that;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • the rate for distance communication if it differs from the regular base rate;

  • whether the agreement will be archived and if so, how it can be accessed by the consumer;

  • how the consumer can check and, if necessary, correct the data provided in connection with the agreement;

  • the languages in which the agreement can be concluded, besides Dutch;

  • the codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically;

  • the minimum duration of the distance contract in case of a continuing transaction;

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance immediately by electronic means. As long as this acceptance has not been confirmed, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal frameworks – gather information on whether the consumer can meet their payment obligations, as well as all relevant facts and factors necessary for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.

The entrepreneur will include the following information with the product or service, either in writing or in a manner that allows the consumer to store it on a durable data carrier:

  • the address of the business location where the consumer can lodge complaints;

  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information about warranties and existing after-sales service;

  • the information mentioned in Article 4, paragraph 3, unless this information has already been provided before the execution of the agreement;

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

In the case of a continuing transaction, the provision above only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement within 14 days without stating any reason. This reflection period starts on the day after the consumer, or a third party designated by the consumer (not the carrier), receives the product.

During the reflection period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. Notification must be done in writing, for example via email. After notifying, the consumer must return the product within 14 days. The burden of proof for timely return lies with the consumer, for instance by providing a shipping receipt.

If the consumer has not notified the entrepreneur of their withdrawal within the specified periods, or has not returned the product within the return period, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are at their own expense.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has been received by the entrepreneur or that conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as specified in paragraphs 2 and 3. The exclusion is only valid if clearly stated in the offer, or at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that are made to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;

  • such as individual newspapers and magazines;

  • for audio, video recordings, and software where the seal has been broken;

  • for hygienic products where the seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business, or leisure activities on a specific date or during a specific period;

  • that have begun with the consumer’s explicit consent before the reflection period has ended;

  • related to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months of concluding the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after concluding the agreement are only permitted if:

  • they result from legal regulations or provisions; or

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

According to Article 5, paragraph 1 of the Dutch VAT Act 1968, the place of delivery is where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT and/or customs clearance fees to the recipient. The entrepreneur will therefore not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of a pricing error, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and existing legal provisions and/or government regulations at the time of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the product's ultimate suitability for each individual application by the consumer, nor for any advice regarding its use or application.

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 third parties;

  • the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions provided by the entrepreneur and/or on the packaging;

  • the defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and fulfilling product orders.

The place of delivery is the address provided by the consumer to the entrepreneur.

Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders as quickly as possible and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be informed within 30 days of placing the order. In that case, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation.

In case of cancellation under the previous paragraph, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and understandably communicated at the time of delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless explicitly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement involving the regular delivery of products (including electricity) or services at the end of the term, with due observance of the applicable termination rules and a notice period of no more than one month.

In the case of the agreements referred to above, the consumer may:

  • terminate at any time and not be restricted to termination at a specific time or during a specific period;

  • terminate in the same way as the agreement was entered into;

  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement involving the regular delivery of daily or weekly newspapers or magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement involving the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, or three months in the case of agreements for the infrequent delivery (less than once a month) of newspapers or magazines.

A fixed-duration introductory subscription for the regular delivery of newspapers or magazines (trial or introductory subscriptions) will not be automatically extended and ends automatically after the trial or introductory period.

Duration

If an agreement lasts more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless it would be unreasonable to do so before the agreed term ends.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that were communicated in advance to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is deemed justified by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.