Light Stax General Terms and Conditions
ARTICLE 1 – Definitions
ARTICLE 2 – The Entrepreneur’s identity
ARTICLE 3 – Applicability
ARTICLE 4 – The offer
ARTICLE 5 – The agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Consumer’s obligations during the reflection period
ARTICLE 8 – Exercising the Consumer’s right to withdrawal and the costs thereof
ARTICLE 9 – Entrepreneur’s obligation in case of withdrawal
ARTICLE 10 – Exclusion of the right of withdrawal
ARTICLE 11 – The price
ARTICLE 12 – Compliance and extra guarantee
ARTICLE 13 – Delivery and execution
ARTICLE 14 – Payment
ARTICLE 15 – Complaints procedure
ARTICLE 16 – Disputes
ARTICLE 17 – Additional or deviating provisions
ARTICLE 18 – Amendment to the General Terms and Conditions of Light Stax
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Entrepreneur: the natural of legal person who provides products, (access to) digital content to Consumers at a distance;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Distance agreement: a agreement concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the agreement;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the reflection period;
- Day: calendar day;
- Continuing performance agreement: a agreement serving to deliver goods and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Article 2 – The Entrepreneur’s identity
|Name of Entrepreneur:||SpeelGoedNL Retail B.V.|
|Business address;||Industrieweg 12, 9601 LJ Hoogezand|
|Telephone number:||088 0909390 (line is open on week days from 9.00 – 17:30 CET)|
|Chamber of Commerce nr:||59436905|
|VAT identification nr;||NL853484351B01|
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance agreement concluded by the Entrepreneur and the Consumer.
- The General Terms and Conditions will be available at all times, and are downloadable from www.lightstax.eu. Before any distance agreement is concluded, the Consumer can view and/or download the General Terms and Conditions, and the Consumer will be requested explicitly to accept these General Terms and Conditions.
- If the distance agreement is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance agreement is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance agreement;
- In the event that specific product conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- The offer on www.lightstax.eu is valid as long as stocks last and under the condition that prices from the Entrepreneur’s suppliers might rise. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer; Obvious errors or mistakes in the supply information do not bind the Entrepreneur.
- The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Consumer to assess the products and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations arise from accepting the offer.
Article 5 – The agreement
- Subject to the provisions in paragraph 4, the agreement becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set, including but not limited to electronic payment by the provided means available on www.lightstax.eu.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the agreement.
- If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. All electronic payments occur over a secure HTTPS connection of the Payment Service Provider.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance agreement. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding he agreement, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
Article 6 – Right of withdrawal
- The Consumer can withdraw from a purchase agreement for a product without giving reasons for a period of reflection of twenty-eight days.
- The reflection period referred to in paragraph 1 starts on the day after the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product;
- if the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
Article 7 – Consumer’s obligations during the reflection period
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only inspect the product to the extent necessary for determining whether the Consumer wishes to keep the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than is allowed according to paragraph 1.
- The right of withdrawal is only applicable to all articles of the same product. The consumer cannot withdraw from the purchase of specific parts of a product, this is only possible for the product as a whole.
Article 8 – Exercising the Consumer’s right to withdrawal and the costs thereof
- If the Consumer exercises his right to withdrawal, he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within twenty-eight days counting from the day following the notification referred to in paragraph 1.
- The Consumer shall return the product with all delivered accessories in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests upon the Consumer.
- If the Consumer exercises the right to withdrawal, his costs thereof shall not will exceed the direct costs of returning the product.
- If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a confirmation of receipt.
- The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may be charged with by the Entrepreneur for the returned product, as soon as possible but within fourteen days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
- The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer, or at any rate in good time before concluding the agreement:
- Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
Article 11 – The price
- After the agreement is concluded and after the Entrepreneur received the electronic payment, the prices of the products shall not be raised, with the exception of changes in price due to changes in VAT rates.
- The prices of the products provided shall not be raised during the validity period given in the offer, with the exception of changes in price due to changes in VAT rates.
- All prices indicated in the provision of products are VAT inclusive.
Article 12 – Compliance and extra Guarantee
- The Entrepreneur guarantees that the products comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the agreement was concluded.
- An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the Entrepreneur’s compliance with obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when receiving and executing product orders.
- The place of delivery is the address made known by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within thirty days, unless a longer delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within thirty days after ordering. In such cases, the Consumer is entitled to terminate the agreement free of charge.
- After termination of the agreement in conformity with the preceding paragraph, the Entrepreneur shall reimburse the payment made by the Consumer promptly, but at least within thirty days after termination of the agreement.
Article 14 – Payment
- If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
Article 15 – Complaints procedure
- Complaints about the execution of the agreement shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.
- The complaints submitted to the Entrepreneur shall be replied to within a period of fourteen days after the date of receipt. Should a complaint require a foreseeable longer handling time, the Entrepreneur shall respond within fourteen days with a confirmation of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within three months after submitting the complaint, there is a dispute that is applicable to the dispute regulation in article 16.
- The Consumer may also choose to use the online registry of complaints (http://ec.europa.eu/consumers/odr/) kept by the European Commission to submit his complaint. This option is particularly relevant if the Consumer lives in a member state of the European Union other than the Netherlands. The Consumer can submit his complaint.
Article 16 – Disputes
- Agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
- With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the formation or the performance of agreements related to products that the Entrepreneur must deliver or has already delivered can be submitted by both the Consumer and the Entrepreneur to Dispute Committee Webshop [Geschillencommissie Webshop], Postbus 90600, 2509 LP, The Hague [DenHaag] (www.sgc.nl).
- A dispute is only handled by the Dispute Committee, if the Consumer submitted his complaint to the Entrepreneur within a reasonable period.
- The dispute must have been submitted in writing to the Dispute Committee Webshop within three months after the arising of the dispute.
- If the Consumer wishes to submit a dispute to the Dispute Committee, the Entrepreneur is bound by this choice. When the Entrepreneur wishes to submit the dispute to the Dispute Committee, the Consumer must confirm in writing, and within five weeks after a written request made by the Entrepreneur, whether he also desires this, or whether wants the dispute to be dealt with by the competent court. If the Entrepreneur has not been made aware of the Consumer’s choice within a period of five weeks, the Entrepreneur is entitled to submit the dispute to the competent court.
- The Dispute Committee’s decision will be made under the conditions as set out in the rules of the Dispute Committee’s regulations
A decision made by the Dispute Committee is a binding advice.
- The Dispute Committee will not handle a dispute or will discontinue handling it, if the Entrepreneur is granted a moratorium, goes bankrupt or factually ceased his business operations before the Commission has handled a dispute at the hearing and delivered a final ruling.
- If in addition to the Dispute Committee Webshop, another dispute committee recognised by or affiliated with the Foundation for Consumer Complaint Committees [Stichting Geschillencommissies voor Consumentenzaken (SGC)] or the Financial Services Complaints Board [Klachteninstituut Financiële Dienstverlening (Kifid)] is competent, in case of disputes mainly related to
sales methods, the Dispute Commission Webshop is competent by preference. For all other disputes, the dispute committee recognised by and affiliated with the SGC or Kifid is competent.
Article 17 – Additional or deviating provisions
Additional provisions of and/or deviations from these General Terms and Conditions will not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Article 18 – Amendments to the General Terms and Conditions of Light Stax
Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.
Last amendment: 15 April 2017
Appendix – Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
- To: SpeelGoedNL Retail B.V.
Industrieweg 12, 9601 LJ Hoogezand, The Netherlands
- I/We* hereby inform you that I/we* wish to withdraw from agreement on the sale of the following products: [specification of the product]* the delivery of the following digital content [specification of the digital content]*
- Received on [receiving products]
- [Consumer’s name]
- [Consumer’s address]
- [Consumer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate.