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General Terms and Conditions of Any-Lamp.com
Article 1 - Scope of Application
- The term 'Any Lamp' in these general terms and conditions, and on the website means:
- The private limited company, Any Lamp B.V.;
- Having its registered office in Northampton, England;
- Head office at::
Article 2 – Conclusion of the Agreement
- The agreement is concluded at the moment that Any Lamp receives the acceptance of the offer by the buyer, by placing an order with Any Lamp.
- Any Lamp will immediately inform the buyer electronically of the receipt of the acceptance of the offer. For as long this acceptance has not been confirmed, the buyer may cancel the agreement.
- Any Lamp reserves the right to refuse the order without stating reasons.
- The buyer, who supplies contact details and other data in relation to the agreement, guarantees that these details are correct, complete, and up to date. Buyer has an obligation to correct mistakes in payment information to Any Lamp immediately.
Article 3 – Prices and Payment
- The prices mentioned in relation to the offers are exclusive of VAT (unless mentioned differently), and in Euro, and are subject to printing and typographical errors. Prices exclude the cost of delivery, which is mentioned separately to the products.
- The prices mentioned in the preceding paragraph will not be increased by Any Lamp after conclusion of the agreement, unless legal measures necessitate this or the manufacturer increases his prices in the meantime. In such case, the buyer is entitled to cancel the agreement by sending a written statement to Any Lamp.
- Payment may take place by using one of the payment methods mentioned on the website, under the conditions described there.
- Any Lamp may inform itself to assess whether the buyer can meet his payment obligations, and about all facts and factors related to entering the agreement in a responsible manner. If, as a result of this research, Any Lamp finds grounds not to enter into the agreement, it is entitled to refuse an order, or to add extra conditions to this order.
Article 4 – Illustrations and Specifications
- All illustrations of products and related specifications, sizes and data presented on the Any Lamp website are only approximate. The delivered product may vary slightly in colour, size, etc. from these illustrations and specifications. This does not result in the product not meeting the requirements of the agreement.
- Obvious errors or mistakes in regards to paragraph 1 of this article, and to article 3, paragraph 1, are not binding for Any Lamp.
Article 5 – Delivery
- Any Lamp will take the best possible care with accepting and executing order of products. The delivery times quoted here and on the website are indicative. The buyer cannot derive any rights from these indications, nor are they a deadline.
- The address supplied by the buyer to Any Lamp will be used as the place of delivery. Unless agreed otherwise by a written statement, Any Lamp will only deliver to indicated physical address.
- Any Lamp reserves the right to perform with partial deliveries for which it may separate invoices.
- Any Lamp will process accepted orders after conclusion of the agreement with appropriate speed, but within not more than 30 days. In the case that delivery will exceed this time period, Any Lamp will inform the buyer as soon as they have knowledge of the delay. Any Lamp shall be at fault if it fails to deliver on time after being served with a written notice of default with a reasonable deadline. In such case, the buyer is entitled to (partly) cancel the agreement without any cost. Alternatively, another delivery deadline or another product order can be agreed upon.
- In the case that an order cannot, or can only partly be fulfilled, Any Lamp will inform the buyer as soon as they have been informed about this. In such a case, the buyer is entitled to (partly) cancel the agreement without any cost.
- In case of cancellation in accordance with paragraph 4 and 5, Any Lamp shall immediately pay back the possible amount received. The buyer is not entitled to compensation for damages.
- Any Lamp assumes the risk associated with the products up until the moment of delivery to the buyer, unless explicitly agreed otherwise.
Article 6 - Cancellation Period and Right of Withdrawal.
- The buyer has the right to cancel the agreement, without stating reasons, within 14 days after having received the product himself, or receipt by a third party, other than the carrier and indicated by the buyer. This period starts the day after receiving the product, or in case of a partial delivery, receiving the final delivery by the buyer or the indicated third party.
- To exercise the right of withdrawal, the buyer must inform Any Lamp using an unequivocal statement (e.g. by mail, fax, or email) about his decision. The buyer can use the standard form for withdrawal in Appendix 1, but is not obligated to do so. The buyer can complete and send this standard form or any other clearly formulated statement to firstname.lastname@example.org, or may use the returns request on the website of Any Lamp.
- Buyer should return the products as soon as possible, but not later than within 14 days after sending the statement mentioned under paragraph 2, to Any Lamp in the described manner.
- Products should be returned by registered post in the original packaging (including accessories and documentation), with the original or similar protective material, and in the state of receipt, i.e. not used and undamaged. Expenses made for returning the products are to be borne by the buyer.
- During the cancellation period, the buyer shall handle the products and packaging with care. The buyer shall unwrap or use the product only to the extent necessary to decide whether he wants to keep it. The buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
- After a successful withdrawal, Any Lamp shall pay back the amount paid by the buyer (including first delivery expenses), within 14 days after receipt of the statement mentioned in paragraph 2. Any Lamp may wait with the reimbursement until all products are returned, or until the buyer has proven that he has returned the products, whichever comes first.
- If the buyer has chosen a more expensive delivery method than the cheapest standard delivery, Any Lamp is not obliged to refund the extra cost for the more expensive method.
Article 7 - Retention of Title
- Where applicable, Any Lamp retains ownership of all products delivered by Any Lamp up to the moment of full payment of all the products delivered or to be delivered by Any Lamp (including possible due interest and/or cost), in accordance with the appropriate agreement or previous or later similar agreements.
Article 8 - Warranty and Conformity
- Any Lamp warrants that the delivered products meet the legal requirements of usability, reliability and durability, as are reasonably intended by parties in the agreement.
- Insofar as possible, the buyer is obligated to check the products upon receipt. Should the delivered goods be found wrong, inadequate or incomplete, then the buyer (before proceeding to returning the products) should inform Any Lamp about these shortcomings as soon as possible in the manner described on the website. Possible shortcomings or faulty deliveries are to be reported to Any Lamp in writing; in case of a consumer purchase within 14 days (in certain cases within 2 months) after discovery, and in all other cases within a reasonable period after discovery, or after it reasonably should have been discovered. Possible returning of products should happen by registered post in the original packaging (including accessories and documentation), in the state of receipt, and in the manner indicated by Any Lamp.
- In the case that the delivered products do not meet the agreement, Any Lamp shall repair or replace the products without cost, or make a written arrangement about compensation of damages with the buyer.
- The buyer cannot invoke the warranty described in paragraph 1 if the delivered products have been exposed to abnormal circumstances, if the buyer has not handled the product as a prudent debtor, or if the products have been handled in a way different than indicated by Any Lamp and/or the product manual, or when the buyer has repaired and/or modified the delivered goods or when the goods have been repaired and/or modified by a third party on buyer’s behalf.
Article 9 - Liability
- Under no circumstances shall Any Lamp be held liable for damages, including any additional compensation, compensation for indirect damages, consequential damages, or compensations for lost profits (by buyer and/or third parties), except in the case of intentional or flagrant damage on the part of Any Lamp.
- Any Lamp cannot be held responsible for errors and/or negligence from her suppliers or agents.
- If the buyer, for whatever reason, through no fault of Any Lamp, cannot or could not receive a product because the requirements described in Art. 2 paragraph 4 are not met; Any Lamp is not liable for the consequential damage and is not obliged to replace the product.
- Any Lamp's liability and the amount of damage compensation is at all times limited by the invoice amount of the products, or (at the discretion of Any Lamp) by the appropriate maximum as paid in such a case by Any Lamp's liability insurance.
- The provisions given in this article do not affect the statutory liability of Any Lamp by virtue of compulsory legal provisions.
Article 10 – Complaints Procedure
- Complaints about the execution of the agreement should be made within reasonable time, completely, and clearly, using email@example.com, or by telephone, to Any Lamp, after the buyer has discovered the shortcomings.
- Complaints submitted to Any Lamp will be handled within 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, Any Lamp shall respond within 14 days with a notice stating receipt and an indication as to when the buyer may expect a more detailed answer.
Article 11 – Non-consumer Purchases
- The following clauses from these terms and conditions do explicitly not apply to agreements made by a buyer acting in a business or professional capacity.
- Art. 2 paragraph 2 regarding the right to cancellation;
- Art. 3 paragraph 2 regarding the right to cancellation in case of increased price;
- Art. 5 paragraph 4 regarding the maximum delivery period of 30 days;
- Art. 6 paragraph 1 regarding the right to withdrawal;
- Art. 8 paragraph 3 regarding repair and replacement.
Article 12 - Other Provisions
- 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.
- The provisions of the Vienna Sales Convention shall not apply.
- Dutch Law applies exclusively to all agreements and their provisions between Any Lamp and the buyer.
- The district court of Oost-Brabant, the Netherlands, shall have exclusive jurisdiction over any disputes between Any Lamp and the buyer, unless Any Lamp chooses to submit disputes to the competent court of the domicile of the buyer.
Any Lamp B.V. 2015
Appendix 1: Standard Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)