English
General Terms and Conditions
I. Definitions
In these General Terms & Conditions the definitions will have the following meaning:
1. Client:
the purchaser/party entering into an Agreement with LED4PIN, either a Professional Purchaser or a Consumer.
2. LED4PIN:
residing at Ommen the Netherlands, which declares these General Terms & Conditions to be applicable to the Agreement. Here after: “LED4PIN”
3. Agreement:
the agreement between the Client and LED4PIN with regard to the sale and delivery of products via the LED4PIN webshop.
4. LED4PIN webshop:
the online shop through which LED4PIN offers products for sale.
5. General Terms & Conditions:
the terms of sale and delivery as formulated by LED4PIN.
6. Consumer:
the natural person which is not acting as a professional and/or for a company.
7. Professional Purchaser:
the natural person which is acting as a professional and/or for a company or the legal entity entering into an Agreement with LED4PIN.
8. Website:
the website through which the LED4PIN webshop is available.
9. Consumer Purchase:
the purchase Agreement between LED4PIN and a Consumer.
II. Applicability and amendments
1. These General Terms & Conditions exclusively apply to any and all offers, Agreements, sale and deliveries of products by LED4PIN through the LED4PIN webshop. LED4PIN explicitly rejects the applicability of any other (general) terms. The Client explicitly acknowledges and accepts that any other terms or conditions are not applicable.
2. LED4PIN retains the right to amend the General Terms & Conditions unilaterally. Any amendments to the General Terms & Conditions will be published on the Website.
3. With regard to the sale, purchase, delivery of special products, such as, but not limited to products of which the price is provided upon request, limited editions and products of which the purchase order/Agreement is not completed through the Webshop, LED4PIN is entitled to apply additional or other terms and conditions.
4. Deviation from or amendments to the General Terms & Conditions are only valid if recorded in writing and if realized with the explicit agreement of LED4PIN.
III. Offers and agreements
1. All offers made by LED4PIN are noncommittal except in case of a Consumer Purchase, and are subject to change, availability and the mentioned term of validity.
2. Unless LED4PIN has explicitly accepted another manner of closing the Agreement, Agreements are closed if Client has received a written (including e-mail) confirmation of his purchase by LED4PIN. LED4PIN may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.
3. Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms & Conditions.
4. The Client carries full responsibility for providing LED4PIN with the correct details in order to enter into the Agreement.
5. LED4PIN is entitled to assign third parties to execute the Agreement. These General Terms & Conditions also apply to the relation with these third parties.
IV. Prices and payment
1. The prices published on the website for the products offered via/in the LED4PIN webshop to Clients residing in the EU are in Euros, include VAT and exclude costs of handling and dispatch, unless otherwise notified or agreed by LED4PIN.
2. The prices published on the website for the products offered via/in the LED4PIN webshop to Clients residing outside the EU are in Euros, and exclude costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by LED4PIN.
3. Despite our efforts, a product of the LED4PIN webshop can be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
4. LED4PIN is entitled to adjust the purchase price after confirmation of a purchase order/closure of an Agreement if the prices for resources, wages, import duties, taxes or other external costs (which may be caused by currency deviations) have risen. LED4PIN will inform the Client as soon as possible of such adjustment, after which the Client is entitled to terminate the Agreement/cancel the purchase order, unless LED4PIN and Client have agreed that delivery of the products will take place more then 3 (three) months after confirmation of the purchase order or if the price adjustment is compulsory by law.
5. Payment shall take place in (one of) the manner(s) indicated during the ordering process. Your order may be governed by further (payment/ordering) conditions. The date of payment is the date that payment has been received by LED4PIN on its bank account. The term of delivery starts after payment of the purchase order/products has been received by LED4PIN, unless Parties have agreed otherwise.
6. Upon exceeding the term of payment, the Client is in default as of the day on which full payment should have taken place and shall be bound to pay the applicable statutory interest for Consumers or for Companies. All costs made by LED4PIN for debt collection caused by late, incomplete or non-payment, including but not limited to extrajudicial and judicial costs, costs for bailiffs, debt collection agencies, legal proceedings, councils and lawyers will be charged to Client.
7. Should the Client be in default of any payment, LED4PIN is entitled to cancel (realisation of) the Agreement in question and any connected agreements, or to have them rescinded.
V. Delivery
1. The term for delivery given by LED4PIN is provided as an indication only and shall never constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give the purchaser the right to claim compensation. Unless it concerns a Consumer Purchase, LED4PIN shall have to be notified in writing by Client for late delivery and shall have to be granted a reasonable term for delivery before being in default.
2. Should delivery be delayed either because a product is (temporarily) out of stock, or for other reasons, or should it not be possible to execute all or part of an order/Agreement, the Client shall be notified of this no later than three weeks after payment of the purchase. The purchaser shall in such a case have the right to cancel the order without incurring costs.
3. LED4PIN offers different methods of transport of the goods ordered via the LED4PIN webshop, the client is free to choose between those methods.
4. The risk of and the responsibility for the products transfer to the Client at the moment of delivery. Delivery to the Client takes place at the moment that the products leave LED4PIN’s premises or storage. Products are considered to be delivered to a Consumer at the moment the products are delivered at the address provided by the Consumer or in absence of Consumer at the post-office, at Consumers neighbours or (with Consumers consent) another third party.
5. If a delivery is rejected by a Client the costs arising from this rejection can be charged to Client as well as the damages suffered by LED4PIN.
VI. Cancellation of the purchase agreement
1. Purchase orders can only be altered or cancelled with LED4PIN’s consent. If LED4PIN has already made expenses or has to make expenses caused by alteration of cancellation of the purchase order, LED4PIN is entitled to payment of these costs by the Client except in case of purchases as mentioned in article 6.2 and 6.3.
2. In case of a distance sale Consumers are entitled to cancel the purchase agreement without a given reason within 7 working days after receipt of the products. When returning products, shipping costs are on the expenses of Consumer.
3. Consumers can only use the right to cancel the purchase agreement in case products are returned in complete, undamaged, unused state and with the original packaging. The returned products need to be in possession of LED4PIN no later than on the 21st day after receipt of the product by Consumer. The product to be returned needs to be stamped sufficiently. The shipping risk and proof rest with the Client. In case of cancellation of a distance sale by a Consumer as stated in 6.2 and 6.3, LED4PIN will take care of repayment of the purchase price as paid by Consumer within thirty days after receipt of the returned product
4. Article 6.2 and 6.3 are not applicable to the distance sale to Consumers regarding:
i. products of which the price is dependent on changes on the financial market;
ii. products which are produced according to the specifications of the Consumer or;
iii. products that clearly have a personal character;
iv. cannot be returned because of the nature of the product.
Delivered products can only be returned after prior written consent of LED4PIN and according to the instructions given by LED4PIN with regard to the manner of returning the products.
VII. Retention of title
1. All products supplied remain the property of LED4PIN until the Client has complied fully with all obligations towards LED4PIN.
2. The Professional Purchaser shall only sell the products of which the property remains with LED4PIN, to third parties in the course of the usual business of this purchaser.
3. If the Professional Purchaser is in breach of one of his obligations arising from the Agreement with LED4PIN, or if LED4PIN has reasonable doubt to believe that this purchaser will not fulfill its obligations, LED4PIN is entitled to recall delivered products from this purchaser or from third parties which have the product(s) in possession for the purchaser. The purchaser shall cooperate with LED4PIN to recall the products in such case.
VIII. Defective products and complaints
1. LED4PIN warrants that under normal use and in accordance with the user – or installation instructions and taking into account the product specification the goods shall at the time of the delivery to Client and for a period of 12 (twelve) months from the date of delivery, be free from defects in material or workmanship and shall be conform to the product specifications.
2. LED4PIN’s products comply with the demands and functionalities that can reasonably be set for such products if used in the regular manner and for the purposes intended for. Certain products may be subject to minor deviations in shape and color, this depends on the material from which the products are manufactured. LED4PIN is considered to have met the obligation of delivery in case of such minor deviations. All information and pictures with regard to the colors, materials, sizes and details of the Products are to be considered as an indication of the product. Minor deviations of these aspects cannot be a cause for return of the product, dissolution of the Agreement, price reductions or compensation of damages or costs.
3. Upon delivery, the Client is obliged to check whether the Products comply with the Agreement. Should this not be the case, the Client shall notify LED4PIN in writing including motivation immediately in case of deviations in the outer appearance of the product, or within 10 days of delivery in any other case. In case of a Consumer Purchase, Consumer shall notify LED4PIN of any defect within a period of 2 weeks after delivery.
4. In case the product is to be used outside the Netherlands the Client needs to verify whether the product complies with the applicable demands and/or rules and regulations.
5. A complaint cannot be accepted if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.
6. If LED4PIN considers a complaint with regard to the quality requirements and quality standards of the product supplied to be justified, LED4PIN may choose to either accept return of the product or to replace it by a same product, or to rescind the Agreement and credit the Client for the invoice value of the product.
7. If as a result of a justified complaint, LED4PIN has replaced the defective product, LED4PIN is considered to have delivered timely, even if a statutory period set by the Client has been exceeded.
XI. Liability
1. LED4PIN is not liable for damages caused by:
i. inexpert use of the delivered product or usage for other purposes then the purposes for which the product is intended according to objective standards;
ii. the provision of incorrect or incomplete information by the Client to LED4PIN;
iii. acts of third parties assigned by LED4PIN with consent of the Client;
iv. materials or services delivered by third parties upon request or with consent of the Client;
v. misunderstandings, mutilation, delays or incomplete or abnormal receipt of orders and messages as a consequence of use of the internet or any other means of (electrical) communication.
2. LED4PIN shall only compensate Client for damages caused as a direct consequence of an attributable act or an attributable failure to act of LED4PIN. LED4PIN is not liable for indirect damages and costs, for example but not limited to lost profits, consequential damages, damages caused by delayed delivery, mutilated or destructed data or materials or lost turnover. In case of a Consumer Purchase this restriction is only applicable as far as allowed according to art. 7:24 sub 2 Dutch Civil Code (product liability).
3. LED4PIN’s total liability is limited to compensation of the amount that the insurance company pays out to LED4PIN. If the insurance company does not pay out any amount to LED4PIN and LED4PIN is liable for compensation of damages according to this article 9, LED4PIN’s total liability is limited to compensation of the amount of the invoice with regard to the relevant product delivery/purchase, which can, according to article 2.3, be maximised by LED4PIN to a specific amount with regard to products of which the purchase price is provided to Client upon request, limited editions or with regard to purchase orders/Agreements which are not completed through the Webshop.
4. The Client shall indemnify LED4PIN from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.