Terms and conditions

Terms and Conditions Lightinova B.V. (Chamber of Commerce No. 88562840)

These Terms and Conditions – hereinafter referred to as "Terms" – apply to the sale of products by Lightinova to both businesses (B2B) and consumers (B2C). By placing an order, the Buyer fully agrees to the applicability of these Terms and Conditions to the purchase agreement. Any deviations from these Terms are only valid if confirmed in writing by Lightinova.

1. General
1.1 These Terms apply to all agreements, offers, and deliveries between Lightinova and the Buyer.
1.2 The term "Buyer" refers to both Businesses (B2B) and Consumers (B2C). Where specific provisions apply solely to businesses or consumers, this will be explicitly stated.
1.3 In the event of any conflict between these Terms and applicable consumer laws, the latter shall prevail for consumer transactions.
1.4 Lightinova expressly excludes the applicability of the Buyer's purchasing terms, general conditions, or other written conditions.

2. Orders
• Orders are placed by the Buyer via the website or submitted in writing by the Buyer.
• Orders are subject to acceptance by Lightinova. Acceptance is confirmed by email or in writing.
• Changes to orders must be submitted in writing and are subject to approval by Lightinova.
• All offers, brochures, quotations, and price estimates from Lightinova are non-binding and do not obligate Lightinova.
• Lightinova's quotations are valid for the period stated therein and, if not stated, for a period of 60 days.

3. Prices
3.1 All prices are offered exclusive of VAT for Businesses and inclusive of VAT for Consumers.
3.2 Shipping costs and any additional taxes are added at checkout and visible before the order is confirmed.
3.3 Prices may be adjusted due to market fluctuations or other external factors. The Buyer will be informed of price changes before the order is confirmed.

4. Payment Terms
4.1. For Businesses (B2B):
• Invoicing takes place after the products have been shipped or after services have been rendered.
• Full payment is due within 14 days of the invoice date unless otherwise agreed in writing.
• Late payments are subject to 2% interest per month.
• Lightinova reserves the right to suspend deliveries in case of late payments.
• Late payments may affect future payment terms, with Lightinova imposing stricter conditions such as advance payment or cash on delivery.

4.2 For Consumers (B2C):
• Full payment is required at the time of purchase via the available payment methods unless otherwise agreed in writing.
• Lightinova offers secure payment methods and does not store payment information.

5. Delivery
5.1 For Businesses (B2B) and Consumers (B2C):
• Delivery dates are approximate. Lightinova is not liable for delays in delivery.
• In case of delays, the Buyer (business or consumer) may cancel the purchase but may not charge additional costs or demand penalties or damages.
• Lightinova reserves the right to deliver in installments, with partial deliveries being invoiced separately.

5.2. For Consumers (B2C):
• The risk of damage or loss is transferred to the Consumer upon delivery.
• Shipping costs are displayed at checkout and depend on the delivery location and the size of the order.

6. Returns and Cancellations
6.1. For Businesses (B2B) and consumers in non-EU member states:
• Standard products may be returned within 14 days of delivery, provided they are unused and in their original packaging.
• Returns require prior written approval from Lightinova.
• A restocking fee of 20% of the product value will be charged on all returned standard products. This amount will be deducted from the refund or credit amount.
• Lightinova is not responsible for any additional costs incurred by the Buyer, such as (de)installation, removal of products, or any other components related to the Buyer's setup. This includes cleaning, reinstallation, or remounting costs.
• Custom or specially manufactured products cannot be returned or canceled once production has started. This includes products with options that cannot be selected via the website.
• Products from the collections: HALO, HALO Up-Down, HALO Up-Down Slim, LINE Slim, LINE Up-Down cannot be returned unless otherwise agreed in writing.
• The Buyer is responsible for return shipping costs unless the product was delivered incorrectly or is defective.

6.2. For Consumers (B2C):
• Consumers have the right to cancel their order within 14 days of receiving the goods without giving any reason (cooling-off period).
• Products must be returned in their original condition and packaging.
• The Consumer bears the direct cost of returning the products unless the product was delivered incorrectly or is defective.
• To initiate a return or cancellation, the Consumer must follow the return policy outlined on Lightinova’s website.
• Lightinova is not responsible for any additional costs incurred by the Buyer, such as (de)installation or removal of products or any other components related to the Buyer's setup. This includes cleaning, reinstallation, or remounting costs.
• Custom or specially manufactured products cannot be returned or canceled once production has started. This includes products with options that cannot be selected via the website.

7. Warranty
7.1. For Businesses (B2B):
• Lightinova offers a 2-year warranty on its products, starting from the delivery date.
• The warranty covers material and manufacturing defects but excludes damage caused by incorrect installation, misuse, or modifications.
• Businesses must notify Lightinova in writing of any defects within two months of discovery.
• Defective products will be repaired, replaced, or refunded at Lightinova's discretion.
• The Buyer must inspect the product immediately upon delivery to ensure it is sound and conforms to the order.

7.2. For Consumers (B2C):
• Lightinova offers a statutory 2-year warranty on products for consumers.
• The warranty does not cover normal wear and tear, misuse, or damage caused by incorrect installation.
• Consumers must notify Lightinova in writing of any defects within two months of discovery.
• The Buyer must inspect the product immediately upon delivery to ensure it is sound and conforms to the order.

8. Limitation of Liability
8.1. For Businesses (B2B): Lightinova's liability is limited to the value of the delivered goods. Lightinova is not liable for any indirect or consequential damages.

8.2. For Consumers (B2C): Lightinova's liability is limited to the purchase price of the product. Nothing in these Terms affects the statutory rights of consumers. Lightinova excludes liability for indirect and consequential damages.

9. Retention of Title
9.1. Lightinova retains ownership of the delivered goods until the Buyer has fully paid the purchase price. 9.2. Lightinova is entitled to reclaim products subject to retention of title if the Buyer defaults, and Lightinova deems that the Buyer will not fulfill its obligations.

10. Intellectual Property
10.1. All intellectual property rights, including patents, trademarks, designs, and copyrights related to the products, remain the property of Lightinova.
10.2. The Buyer may not modify, reproduce, or distribute Lightinova's intellectual property without prior written consent.

11. Confidentiality
11.1. For Businesses: The Buyer agrees to keep all confidential information, including price and product data, strictly confidential.

11.2. For Consumers: Personal data is handled in accordance with Lightinova’s privacy policy, which provides protection in compliance with data protection regulations.

12. Force Majeure
12.1. Lightinova is not liable for delays or failure to fulfill obligations due to circumstances beyond its control, such as natural disasters, strikes, or supply chain disruptions.
12.2. In such cases, Lightinova reserves the right to cancel or postpone the order without liability.

13. Governing Law
13.1. These Terms are governed by the laws of the Netherlands.
13.2. Disputes arising from these Terms shall be submitted to the competent court in the District Court of Zeeland-West-Brabant.

14. Contact Information
For questions or issues regarding orders, payments, or products, you can contact our customer service:
Lightinova B.V.
Korhoenweg 17
4791 RM Klundert
the Netherlands
Email: [email protected]
Phone: +31 (0) 763 69 00 24
Website: lightinova.com