Terms and Conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off Period: the period during which the consumer can exercise the right of withdrawal;
  • Consumer: the natural person who is not acting in the course of a business or profession and who enters into a distance contract with the entrepreneur;
  • Continuing Performance Contract: a distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over time;
  • Durable Medium: any medium that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;
  • Right of Withdrawal: the possibility for the consumer to withdraw from 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: a contract concluded within the framework of an organized distance sales system for products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used;
  • Means of Distance Communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;
  • General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur
Lightdista
Email: lightdista@outlook.com
Chamber of Commerce Number: 91690730
VAT Number NL: NL0049009300B67

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general 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 where the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge.

In addition to these general terms and conditions, special product or service conditions may apply. In such cases, the provisions of these terms and conditions and the special conditions will apply. If there are conflicting general terms and conditions, the consumer may rely on the most favorable provision.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these general terms and conditions will remain in full force and effect. The void or annulled provision will be replaced as soon as possible by a provision that closely approximates the original provision.

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

Any ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur reserves the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these 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, specifications, and data in the offer are indicative and cannot be the basis for any compensation or dissolution of the agreement. The images of the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the depicted colors exactly match the actual colors of the products.

Each offer contains information from which the consumer can ascertain which rights and obligations are associated with accepting the offer. This includes in particular:

  • The price, excluding import duties and VAT. These additional costs are the consumer's responsibility and risk. The postal and/or courier service uses a special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the destination EU country, which is the case here. The postal and/or courier company collects VAT (and related clearance costs) from the recipient of the goods;
  • The cost of shipping, if applicable;
  • The method by which the agreement is to be concluded and the actions required for its conclusion;
  • 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 communication at a distance, if the cost of using the means of distance communication is calculated on a basis other than the standard tariff for the means of communication used;
  • Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
  • The way the consumer can check and, if necessary, correct the information provided by him in the context of the agreement before concluding it;
  • All other languages in which the agreement can be concluded besides Dutch;
  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance agreement in the case of an agreement of indefinite duration or for a period exceeding one year.

Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out in the offer.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the agreement until he has received this confirmation.

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

The entrepreneur may, within the legal framework, gather information about the consumer's ability to meet his payment obligations and about all facts and factors that are relevant to a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in a way that can be stored by the consumer on a durable medium, together with the product or service:

  • The address of the entrepreneur’s establishment where the consumer can direct complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
  • Information about warranties and existing after-sales service;
  • The details mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided these details before the conclusion of the agreement;
  • The conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of the availability of the relevant products.

Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day the consumer or a third party designated by him, other than the carrier, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises the right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

The consumer does not have the right of withdrawal for:

  • Products manufactured according to the consumer’s specifications, such as custom-made or personalized products;
  • Products that can spoil or expire quickly;
  • Sealed products that cannot be returned for reasons of health protection or hygiene if the seal is broken after delivery;
  • Products that are inseparably mixed with other products after delivery;
  • DVDs, CDs, and software if the seal has been broken after delivery.

Article 7 - Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, he will bear the cost of returning the product. If the consumer has received a return label, the entrepreneur will cover the return shipping costs.

If the consumer withdraws from the agreement after making a payment, the entrepreneur will refund the amount paid by the consumer, including the delivery costs (if applicable), as soon as possible and no later than 14 days after receiving the return.

The entrepreneur may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

Article 8 - Exclusion of the Right of Withdrawal
If the right of withdrawal is excluded, the entrepreneur will explicitly state this in the offer or at least in good time before the agreement is concluded.

Article 9 - The Price
During the validity period of 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.

In deviation from the previous paragraph, a product with a price increase between the order and delivery may be delivered at the price that applied at the time of ordering. This only applies if the price increase is due to a change in VAT rates.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from changes in VAT rates.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • They result from legal regulations or provisions; or
  • The consumer is able to terminate the agreement as of the date on which the price increase takes effect.

Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or suitability, and the legal provisions and/or government regulations in force at the time the agreement was concluded.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

If the consumer discovers a defect in a product, he has the right to a free repair or replacement of the product, or to terminate the agreement if the repair or replacement cannot be made within a reasonable period. The consumer must report the defect within 2 months of discovery.

Article 11 - Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products and assessing requests for the provision of services.

Delivery will be made to the address specified by the consumer. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

The entrepreneur will execute accepted orders with due speed and no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order can only be partially fulfilled, the consumer will receive a notification no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without any cost and is entitled to any damages.

If the consumer terminates the agreement based on the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

Article 12 - Payment
The consumer must pay according to the payment methods offered by the entrepreneur and chosen by the consumer. The entrepreneur may accept payment through other methods if these have been offered to the consumer.

The consumer must make the payment no later than 14 days after the end of the cooling-off period or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the event of late payment by the consumer, the legal interest is due, and the entrepreneur may charge the consumer collection costs.

Article 13 - Complaints Procedure
The entrepreneur has a sufficiently disclosed complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted in writing and in full within 2 months of discovering the shortcoming. Complaints can be submitted via the address mentioned in Article 2 or through the contact form on the entrepreneur’s website.

The entrepreneur will respond to the complaint within 14 days of receipt. If the complaint cannot be answered within this period, the consumer will receive an acknowledgment of receipt and an indication of the period within which a substantive response can be expected.

Article 14 - Disputes
Dutch law applies to agreements between the entrepreneur and the consumer. Disputes arising from or related to an agreement between the entrepreneur and the consumer can be submitted to the competent court in the Netherlands.

If a dispute is not resolved to the satisfaction of the consumer, the consumer can turn to the competent dispute resolution committee or the European Online Dispute Resolution platform.

Article 15 - Final Provisions
If one or more provisions of these general terms and conditions are invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a provision that most closely approximates the intent and purpose of the original provision.

These general terms and conditions may be amended by the entrepreneur. Changes will take effect as soon as they are published on the entrepreneur’s website, unless stated otherwise.