General Terms and Conditions Chandeliers.com

Definitions
1. Kroonluchters.com: Kroonluchters.com, established in ‘s-Hertogenbosch under KvK no. 17113213.
2. Customer: the person with whom Kroonluchters.com has entered into an agreement.
3. Parties: Chandeliers.com and client together.
4. Consumer: a customer who is also an individual acting as a private person.
Article 1 – Applicability of general conditions
1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Kroonluchters.com.
2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
Article 4 – Prices
1. All prices used by Kroonluchters.com are in Euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices used by Kroonluchters.com for its services and products, on its website or otherwise made known, Kroonluchters.com may change at any time.
3. The parties shall agree on a total amount as a guide price for a service by Kroonluchters.com, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
4. Chandeliers.com is entitled to deviate up to 10% from the target price.
5. If the target price is going to be more than 10% higher, Kroonluchters.com shall inform the client in a timely manner why a higher price is justified.
6. If the guide price exceeds the guide price by more than 10%, the customer has the right to cancel the part of the order that exceeds the guide price plus 10%.
7. Chandeliers.com has the right to adjust the prices annually.
8. Prior to its effective date, Chandeliers.com will communicate price adjustments to the customer.
9. The consumer has the right to terminate the agreement with Chandeliers.com if he does not agree with the price increase.
Article 6 – Payments and term of payment
1. Chandeliers.com may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The customer must have made payments in arrears within 14 days of delivery.
3. Payment deadlines shall be considered fatal payment deadlines. This means that if the customer has not paid the agreed amount no later than the last day of the payment period, he is legally in default and in default, without the need for Kroonluchters.com to send the customer a reminder or give notice of default.
4. Chandeliers.com reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.

Article 7 – Consequences of not paying on time
1. If the customer does not pay within the agreed period, Kroonluchters.com is entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
2. When the customer is in default, he shall also owe extrajudicial collection costs and possible damages to Kroonluchters.com.
3. Collection costs shall be calculated according to the Decree on Compensation for Extrajudicial Collection Costs.
4. If the customer fails to pay on time, Kroonluchters.com may suspend its obligations until the customer has fulfilled its payment obligation.
5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Kroonluchters.com on the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Kroonluchters.com, he is still obliged to pay the agreed price to Kroonluchters.com.
Article 8 – Right of complaint
1. As soon as the customer is in default, Kroonluchters.com is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
2. Chandeliers.com invokes the right of complaint by written or electronic communication.
3. As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Kroonluchters.com, unless the parties make other agreements in this regard.
4. The cost of retrieving or bringing back the products shall be borne by the customer.
Article 13 – Right of withdrawal
1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
– the product has not been used
– it is not a product that can spoil quickly, such as food or flowers
– it is not a product that has been customized or adapted specifically for the consumer
– it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).
– the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
– the product or service is not lodging, travel, restaurant business, transportation, catering assignment or form of leisure activity
– the product is not a loose magazine or loose newspaper
– It does not involve (order for) emergency repair
– it does not involve betting and/or lotteries
– the consumer has not waived his right of withdrawal
– it does not concern a service that is carried out with the consent of the customer in full within the 14 calendar days cooling-off period and in which the customer has expressly waived the right of withdrawal
2. The cooling-off period of 14 days mentioned in paragraph 1 begins:
– on the day after the consumer receives the last product or part of 1 order
– once the consumer has concluded the agreement supplying the service
– once the consumer has confirmed that he will purchase digital content over the Internet
3. The consumer can make his/her right of withdrawal known via info@kroonluchters.com, if desired using the withdrawal form that can be downloaded from the website of Kroonluchters.com, Kroonluchters.com.
4. The consumer is obliged to return the product to Kroonluchters.com within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal expires.
Article 14 – Reimbursement of delivery costs.
1. If the consumer has timely exercised his or her right of withdrawal and as a result has timely returned the complete order to Kroonluchters.com, Kroonluchters.com will refund any shipping costs paid by the consumer within 14 days after receipt of the timely fully returned order to the consumer.
2. The cost of delivery shall be borne by Kroonluchters.com only to the extent that the entire order is returned.
Article 15 – Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.

Article 17 – Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Article 18 – Right of lien
1. Kroonluchters.com may invoke its right of retention and, in that case, retain products of the customer, until the customer has paid all outstanding bills with respect to Kroonluchters.com, unless the customer has provided adequate security for those costs.
2. The lien also applies on the basis of previous agreements from which the customer still owes payments to Kroonluchters.com.
3. Chandeliers.com shall never be liable for any damages that the customer may suffer as a result of exercising its right of retention.
Article 19 – Offset

Unless the customer is a consumer, the customer waives its right to set off any debt owed to Chandeliers.com against any claim against Chandeliers.com.

Article 20 – Retention of title
1. Kroonluchters.com remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Kroonluchters.com under whatever agreement entered into with Kroonluchters.com, including claims for failure to perform.
2. Until such time, Kroonluchters.com may invoke its retention of title and repossess the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Kroonluchters.com invokes its retention of title, the contract shall be deemed dissolved and Kroonluchters.com shall be entitled to claim damages, lost profits and interest.
Article 21 – Delivery
1. Delivery is made while supplies last.
2. Delivery takes place at Kroonluchters.com, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Kroonluchters.com has the right to suspend its obligations until the agreed part is still paid.
5. Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against Kroonluchters.com.
Article 22 – Delivery time
1. The delivery times given by Kroonluchters.com are indicative and, if exceeded, do not entitle the client to rescission or damages, unless the parties have expressly agreed otherwise in writing.
2. The delivery time begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Kroonluchters.com.
3. Exceeding the stated delivery time does not entitle the client to compensation or the right to dissolve the contract, unless Kroonluchters.com cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
Article 23 – Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Article 24 – Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Article 25 – Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer, before taking delivery of the product, must have a note of this made by the forwarding agent or delivery driver, failing which Kroonluchters.com cannot be held liable for any damage.
2. If the customer takes care of transportation of a product themselves, they must report any visible damage to products or packaging to Kroonluchters.com prior to transportation, failing which Kroonluchters.com cannot be held liable for any damages.
Article 27 – Insurance
1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
– delivered items necessary for the performance of the underlying contract
– items from Chandeliers.com present at the customer’s premises
– goods delivered under retention of title
2. The client shall make the policy of such insurance available for inspection at the first request of Chandeliers.com.
3. Unless the parties have expressly agreed otherwise, the Customer shall be required to take out CAR insurance at its own expense and the Customer shall not be entitled to compensation for any damages that would otherwise be covered by such insurance.
Article 28 – Retention
1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.
Article 29 – Assembly/Installation.

Although Kroonluchters.com makes every effort to perform all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intentional or gross negligence.

Article 30 – Warranty
1. When the parties have entered into an agreement with a service character, it contains for Kroonluchters.com only an obligation of effort and thus no obligation to achieve a result.
2. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Article 31 – Exchanges
1. The exchange of purchased items is possible only if the following conditions are met:
– exchanges are made within 14 days of purchase upon presentation of the original invoice
– the product is returned in its original packaging or with the original (price) tags still attached
– the product has not been used yet
2. Discounted items, non-perishable items such as food items, customized items or items specially customized for the customer cannot be exchanged.

Article 32 – Execution of the agreement
1. Kroonluchters.com shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Kroonluchters.com has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that Chandeliers.com can begin the execution of the agreement in a timely manner.
5. If the client has not ensured that Kroonluchters.com can begin the execution of the agreement in a timely manner, the resulting additional costs and/or additional hours shall be borne by the client.
Article 33 – Provision of information by the client
1. The client shall make available to Kroonluchters.com all information, data and documents relevant for the correct execution of the contract in a timely manner and in the desired form and manner.
2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
3. If and to the extent requested by the customer, Kroonluchters.com will return the relevant documents.
4. If the client does not, does not timely or does not properly provide the information, data or documents reasonably required by Kroonluchters.com and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours shall be borne by the client.
Article 41 – Indemnification

The customer indemnifies Kroonluchters.com against all third party claims related to the products and/or services provided by Kroonluchters.com.

Article 42 – Complaints
1. The customer shall examine a product delivered or service provided by Kroonluchters.com for any deficiencies as soon as possible.
2. If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer should inform Kroonluchters.com as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers should notify Kroonluchters.com no later than 2 months after the discovery of the shortcomings.
4. The customer shall provide as detailed a description of the shortcoming as possible, so that Kroonluchters.com is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to work in progress, this cannot in any case result in Kroonluchters.com being held to perform work other than that agreed upon.
Article 43 – Notice of default
1. The customer shall give notice of default in writing to Kroonluchters.com.
2. It is the responsibility of the client that a notice of default actually reaches Kroonluchters.com (in a timely manner).
Article 44 – Joint and several liability of customer

If Chandeliers.com enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts they owe to Chandeliers.com under that agreement.

Article 45 – Liability Kroonluchters.com
1. Kroonluchters.com shall only be liable for any damage suffered by the customer if and to the extent such damage was caused by intentional or deliberate recklessness.
2. If Kroonluchters.com is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
3. Chandeliers.com is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
4. If Kroonluchters.com is liable, this liability is limited to the amount that is paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 46 – Due date

Any right of the customer to compensation from Kroonluchters.com expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 47 – Right of rescission
1. The customer has the right to dissolve the agreement when Kroonluchters.com imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
2. If the fulfillment of the obligations by Kroonluchters.com is not permanently or temporarily impossible, then dissolution can only take place after Kroonluchters.com is in default.
3. Kroonluchters.com has the right to dissolve the agreement with the client, if the client does not fulfill his obligations under the agreement in full or in a timely manner, or if Kroonluchters.com has knowledge of circumstances that give him good reason to fear that the client will not be able to fulfill his obligations properly.
Article 48 – Force majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Kroonluchters.com in the fulfillment of any obligation with respect to the customer cannot be attributed to Kroonluchters.com in a situation independent of the will of Kroonluchters.com, as a result of which the fulfillment of its obligations with respect to the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of Kroonluchters.com.
2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs as a result of which Kroonluchters.com cannot fulfill 1 or more obligations to the client, those obligations will be suspended until Kroonluchters.com can fulfill them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.
5. In a force majeure situation, Kroonluchters.com is not liable for any (compensation), even if it enjoys any advantage as a result of the force majeure situation.
Article 49 – Modification of the agreement
1. If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall timely and by mutual agreement adapt the agreement accordingly.
2. The preceding paragraph does not apply to products purchased from a physical store.
Article 50 – Modification of general conditions
1. Chandeliers.com is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance may be made at any time.
3. Major substantive changes will be discussed by Kroonluchters.com with the client in advance whenever possible.
4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.
Article 51 – Transfer of rights
1. Rights of the client from an agreement between the parties cannot be transferred to third parties without the prior written consent of Kroonluchters.com.
2. This provision shall be considered a clause with effect under property law as referred to in article 3:83, second paragraph, Civil Code.
Article 52 – Consequences of nullity or voidability
1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Crownlighters.com had in mind when drafting the terms and conditions on that point.
Article 53 – Applicable law and competent court
1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
2. The Dutch court in the district where Kroonluchters.com is located/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved June 01, 2023.