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General Terms and Conditions of Any-Lamp for the business customer
Article 1 - Scope of application
1.1. By ‘Any Lamp’ is meant in these conditions and on the web page:
- the private company with limited responsibility Any Lamp B.V.
- registered office in Northampton, England.
- place of business at:
Schootense Dreef 27
5708 HZ, Helmond
- Telephone number: +442036086378
- E-mail address: [email protected]
- Company Number: 17260313
- VAT Number: NL821186462B01
1.2. These general terms and conditions apply to:
- Any distance contract that has been established - for example through an order placed by you at Any Lamp via www.any-lamp.com - and delivery between Any Lamp (hereinafter referred to as Any Lamp or us/we) and you.
- every quotation, offer, and agreement between you and us.
1.3 A reference by you to its own general terms and conditions of purchase or delivery and the applicability thereof, is emphatically rejected by us. Your conditions, therefore, do not apply.
1.4 By placing an order, you accept to be bound by these terms and conditions and declare that they have been read and that you understand them.
1.5 The General Terms and Conditions can be sent on request and the terms and conditions can also be consulted at any time on the above-mentioned site.
1.6 The provisions of the quotation, offer or agreement are valid if they conflict with the provisions of these General Terms and Conditions.
1.7 With 'in writing' is also meant by e-mail in these Terms and Conditions.
Article 2 - Quotation and offers
2.1 All our quotations and offers are without obligation unless otherwise agreed in writing. This also applies to deliverability, delivery time, pricing and execution.
2.2 Each quotation is based on the pricing used at that time. If these changes are made after that time, we reserve the right to adjust the prices. Changes may include, but are not limited to, currency exchange rates or a supplier changing prices.
2.3 A quote is one-off. For future agreements, you can not, therefore, rely on the same agreements.
2.4 Mistakes or errors can be repaired by us. You can not derive any rights from this.
2.5 All prices are exclusive of VAT.
2.6 Our offers expire 14 calendar days after the date of the offer, unless otherwise agreed in writing.
Article 3 - Establishment and end of the agreement
3.1 The agreement is established upon receiving your written confirmation by us, that you place an order with us.
3.2 We will confirm to you directly the receiving of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by us, you can terminate the agreement.
3.3 We reserve the right to refuse orders without giving reasons.
3.4 You, who provides (name, address, city) data in the context of the agreement, guarantees that these are correct, complete and up-to-date. You have the obligation to report inaccuracies in the payment details provided or stated immediately to us.
3.5 The agreement is entered under the suspended condition that the products concerned are available.
3.6 We may suspend the execution of the agreement immediately, or dissolve in whole or in part, without prior notice to you, if:
- You do not (timely) fulfill your obligations of the agreement;
- There is bankruptcy, (provisional) suspension of payment, receivership, debt rescheduling or shutdown, liquidation or full or partial transfer of your business.
We then do not have to pay any compensation to you and also have the right to claim damages and/or payment.
Article 4 - Cancellation
4.1 You can not unilaterally decide to terminate an agreement or not to comply unless we have given our permission in writing.
4.2 In all cases, you owe a compensation of at least 10% of the invoice amount, as well as all costs made by us, with a minimum of € 15 per order line.
Article 5 - Prices and payment
5.1 Prices mentioned (unless otherwise stated) are exclusive of VAT and in Euro.
5.2 The prices are with reservation to printing and typing errors.
5.3 The prices are exclusive of shipping costs which are made known separately.
5.4 Payment must take place within 14 days after placing the order on the account number indicated by us.
5.5 The in 5.1. mentioned prices will not be increased by us after the conclusion of the agreement, unless legal measures make this necessary or if our supplier makes interim price increases. In that case, you are authorized to dissolve the agreement by means of a written statement to Any Lamp.
5.6 For payment, use can be made of the payment options stated on the website and under the conditions stated therein.
5.7 We can inform us whether you can meet your payment obligations, as well as all those facts and factors that are important for a responsible conclusion of an agreement. If on the basis of this investigation we have grounds not to enter into the agreement, we are entitled to refuse an order or request or to attach special conditions to the execution, such as payment in advance. In that case, the delivery time starts at the moment that the payment is received by us.
5.8 If payment takes place through banktransfer, a payment term of 14 days applies unless otherwise agreed in writing. Payment must take place on the account number indicated by us.
5.9 If the payment term is exceeded, you owe interest of 1% per month from the due date, unless the statutory commercial interest is higher, then this interest is due on the outstanding amount. A part of the month is counted as a full month. No notice of default is required for this.
5.10 All extrajudicial costs associated with a possible collection are at your expense. The extrajudicial costs are set at a minimum of 15% of the total amount to be claimed with a minimum of € 125, - and become payable at the moment the claim is handed over for collection, without prejudice to our right to the surplus of these costs on you to recount.
5.11 In the event of overdue payment, we are entitled to cease all further deliveries without being obliged to deliver, after receivement of overdue payments.
5.12 You are not entitled to settlement of the amount owed by you to us.
5.13 If you complain on time, this does not suspend your payment obligation. In that case you are still obliged to purchase and pay for other ordered products.
5.14 Objections against the amount of an invoice also do not suspend the payment obligation. If there are inaccuracies in payment details, you must report this immediately to us.
Article 6 - Images and specifications
6.1 All images of products as well as related specifications, sizes and data as shown on the website 'any-lamp.com' are only approximate. The product ultimately delivered to you may deviate to some extent from these images or specifications in terms of color, size, etc. This does not mean that the product does not comply with the agreement.
6.2 Obvious mistakes or errors with regard to paragraph 1 of this article do not bind us.
Article 7 - Delivery
7.1 We will take the greatest possible care when receiving and executing the orders. The mentioned delivery times in quotations, offers and on the website count as an indication. No rights can be derived from this by you and the terms are not final.
7.2 The place of delivery is the address that you have made known to us. This can be done on the website, on the quotation or on the ordering requisition.
7.3 Deliveries take place in the country where the order is placed. If you want delivery to take place in another country, we have the right to charge extra shipping costs.
7.4 We are entitled to deliver in parts (partial deliveries), which can be invoiced separately.
7.5 We will execute accepted orders with appropriate urgency after the conclusion of the agreement, but no later than 30 days thereafter. If the delivery is delayed until after 30 days, you will receive notice as soon as possible after we have taken note of this. We will then be in default if we are held in default by a notice giving us a reasonable period to deliver and when compliance will not be fulfilled. In that case you have the right to terminate the contract without costs. A different delivery period can also be agreed upon or it can be agreed to deliver another product.
7.6 If an order can not or only partially be executed, you will receive notice of this as soon as possible after we have taken note of it. You then have the right to terminate the contract without costs.
7.7 In the event of dissolution in accordance with paragraphs 5 and 6, we will refund the amounts that you may have already paid to us immediately. You are not entitled to compensation.
7.8 In case of outstanding invoices, we are entitled to send the purchased goods COD, regardless of any other stipulation.
7.9 The risk of the products rests with us until the time of delivery to you, unless expressly agreed otherwise.
7.10 If you refuse products or services or do not comply with your delivery agreements, we have the right to terminate the agreement with immediate effect or to dispose of the products directly. We can recover from you the damages and / or costs incurred (eg transport costs).
Article 8 - Returns
8.1 In case of return of delivered products, this must be done within 14 days of receivement.
8.2 If you have not examined the delivered goods within 14 days after receipt thereof, you will be deemed to have agreed to the delivery.
8.3 You will not be able to demand a claim against us after you have taken use of the delivered goods or after resell.
8.4 Defects in a part of the delivered goods do not give the right to reject and / or non-payment of the delivered products.
8.5 You can not return the following products:
- Products produced by us in accordance to your specifications;
- Products that are clearly personal in nature;
- Products that can not be returned due to their nature;
- Products that are specially made or ordered for you
- Products whose packaging is clearly damaged or are no longer in the original packaging.
8.6 Return of the products must be in the original packaging (including accessories and accompanying documentation) with the original or similar packaging material and in the condition in which you received it, that is, undamaged. Direct costs of returning are for your account.
8.7 You will carefully handle the products and the packaging during your reflection period. You will only unpack or use the products to the extent that this is necessary to assess whether you wish to keep the product.
8.8 The right of withdrawal as it applies to consumers does not explicitly apply to you as a business customer.
Article 9 - Retention of title
9.1 All delivered products remain our property until we have received full payment of all open claims, interest and costs incurred.
9.2 You are not allowed to resell these products, use them as payment, pledge or otherwise encumber them.
9.3 It is expected of you to do everything in your power to protect our property right.
9.4 If we have a claim from more than one agreement and/or delivery then these are deemed to form a whole, so that we can exercise our rights on all delivered goods until you have met all obligations.
9.5 We are entitled to take back the delivered goods that have remained our property pursuant to the foregoing paragraphs by which repossession the agreement will be dissolved, without prejudice to our right to recover from you all damage suffered and still to be suffered as a result of the default.
9.6 If third parties seize the products supplied under retention of title, or wish to establish or assert rights on them, then you are obliged to inform us immediately.
Article 10 - Warranty and conformity
10.1 We guarantee that the products supplied by us comply with the legal requirements of usability, reliability and lifespan as reasonably intended by parties to the agreement.
10.2 Insofar as possible, you are obliged to immediately inspect the delivered product (s) upon receipt. If it appears that one or more of these delivered products are wrong, inadequate or incomplete, then you must report in writing (before proceeding to return) these defects within 14 days of receipt (via the website or the address stated on the quotation or invoice).
10.3 Any return of products must be in the original packaging (including accessories and accompanying documentation), in the condition in which you received it.
10.4 If it appears that the supplied product(s) do not answer the agreement, we will replace or repair these products or refund the paid amount. Labour costs are not reimbursed.
10.5 If your complaint turns out to be unfounded, all costs we incurred for the investigation are for your account.
10.6 If the warranty period has expired, all costs for repair or replacement are for your account.
10.7 You can not invoke the guarantee mentioned in paragraph 1 if
- The supplied products have been exposed to abnormal conditions;
- The defect is result of normal wear and tear;
- you have not taken care of it as a careful owner;
- The supplied products have been treated in violation of our instructions and / or guide
- You repaired and/or edited the products yourself or have them repaired and / or edited by third parties;
- there are other circumstances that we have no influence on (such as weather conditions and damage during transport by you).
Article 11 - Liability
11.1 We are excluded from any liability for damage, except for our legal liability and damage as a result of intent or gross negligence on our part.
11.2 Our liability is never higher than the invoice value of the part of the order that we are liable for.
11.3 Our liability is never higher than the amount paid by the insurer in that specific case.
11.4 If liability is already present, this can only apply to the direct damage. We are never liable for indirect damage (including, but not limited to, consequential damage, damage due to lost profits or costs incurred to determine the extent and cause of damage).
11.5 If you have shared incorrect and / or incomplete information with us, we will not be liable if this causes damage. In that case, we are also not obliged to deliver (partly) new or replacement products or to give money back.
11.6 The information on the internet site is composed and maintained by us with constant care and attention. However, errors aren’t always preventable. Therefore, no rights can be derived in any way from the information provided on the internet site. We accept no liability for damage resulting in any way from the use of the internet site or from the incompleteness and / or inaccuracy of the information and / or damage provided on the internet site as a result of the (temporarily) unavailability of the internet site.
11.7 We bear no responsibility for photos, descriptions and other information material on the internet site, which are published by third parties.
11.8 Any liability on our part lapses if you do not appeal to the shortcoming within one year after delivery and if you do not inform us in writing within one month of discovery of the (possible) shortcoming.
Article 12 - Intellectual property
12.1 You may not publish or reproduce our work unless we have given you written permission to do so.
12.2 You remain the owner of the documents that you have given us for perusal.
12.3 All intellectual properties, including, but not limited to, copyrights, trademark rights and database rights, to the information, texts, images, logos, photos and illustrations on the internet site and to the layout and design of the internet site are ours and / or our licensors. You may not infringe on this, including the making of copies of the internet site other than technical copies required for the use of the internet site.
Article 13 - Confidential information and personal data
13.1 The parties are obliged to keep secret all confidential information that they receive about the other party's company. This also applies to engaged third parties.
13.2 Information is confidential if this has been designated as such by one of the parties.
13.3 If we act as controller in the sense of the General Data Protection Regulation (hereinafter: GDPR), the following provisions apply:
- We are responsible for the protection of personal data, the use of which is necessary for us to correctly draw up and execute the agreement.
- When we process personal data, this is done with the utmost rigor and due care and in accordance with the GDPR.
- We only use personal data to the extent that this is necessary to be of service to you. The personal data will not be kept longer than is legally allowed or necessary for us to execute the agreement.
- We take technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state-of-the-art and the nature of the processing.
13.4 If you wish to appeal to one of the rights that you have on the basis of the GDPR, this request can be submitted in writing via: [email protected]. We will process this request within the legal deadlines.
Article 14 - Force majeure
14.1 Shortcomings that can not be attributed to us, release us from compliance with the agreed delivery periods and / or delivery obligation. This without you having any right to damage (compensation), interest or other costs.
14.2 If this period lasts longer than two months, each party can dissolve the agreement, without any obligation to compensate the other party for any damage.
14.3 In any case, there is force majeure in the event of war, mobilization, riots, floods, late or incorrect delivery by suppliers, fire, accidents, export and / or import restrictions, business failures, power failures, strike and illness among personnel.
14.4 In case of force majeure, we will inform you as soon as possible. You then have the right to cancel in writing that part of the order that has not been / will be executed within 14 days of receipt of this notification. This does not affect the fact that you have to pay the remaining part that has been executed.
Article 15 - Disputes
1. Dutch law applies exclusively to all agreements to which these terms and conditions apply, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention)
2. All disputes ensuing from or in connection with these conditions and the legal relationships between the parties will, in the first instance, only be judged by the competent court in Den Bosch to the extent permitted by law.
3. Declaring one or more of the provisions of these General Terms and Conditions invalid by court order does not affect all other provisions.
Article 16 - Change of these conditions
16.1 We can always change the terms and conditions without prior notice.
16.2 We may publish changes to these terms and conditions by posting this on our website or by communicating them in another way. It is therefore advisable to view the conditions from time to time. Changes also apply to existing agreements.
Appendix 1: Cancellation form