General Terms and Conditions B2C

Article 1 Definitions

Ledletters is a one-man business that aims to produce and sell LED lighting.
In these General Terms and Conditions, ' General Terms and Conditions ' means: the present General Terms and Conditions.
In these General Terms and Conditions, ' Customer ' means: the natural person who does not act for purposes related to his business or professional activity and who uses the Services of Ledletters.
In these General Terms and Conditions, ' Parties ', and each individually as ' Party ', means: Ledletters and/or Customer.
In these General Terms and Conditions, ' Agreement ' means: the Agreement concluded between Ledletters and the Customer, whether or not concluded within the framework of an organized system for distance sales or services whereby, until the moment of concluding the Agreement, exclusive use is made of one or more means of distance communication, whereby Ledletters undertakes towards the Customer to provide Services and to deliver Products and the Customer undertakes to pay a price for this. The Agreement is concluded by an offer from Ledletters and the acceptance thereof by the Customer, which is further specified in Articles 4.3 and 4.4 of these General Terms and Conditions.
In these General Terms and Conditions, 'Services' means: all Services provided to the Customer by Ledletters and/or third parties engaged by it, including the production of LED lighting, and Products supplied, as well as all other work performed by Ledletters for the benefit of the Customer, of whatever nature, performed in the context of an assignment, including work that is not performed at the express request of the Customer. In these General Terms and Conditions, 'Products' means: all Products supplied to the Customer by Ledletters and/or third parties engaged by it, including LED lighting, which are offered on the Website and whether or not made by Ledletters itself. In these General Terms and Conditions, 'Website' means: the Ledletters Website, which can be consulted via www.ledletters.nl.

Article 2 Identity of Ledletters

Ledletters is registered with the Chamber of Commerce under number 70463166 and bears VAT identification number NL003729730B32. Ledletters is located at Van Woustraat 64H (1073 LN) in Amsterdam.
Ledletters can be reached by e-mail via info@ledletters.net or via the Website www.ledletters.nl and by telephone on +31622220705.

Article 3 Applicability of the General Terms and Conditions

The General Terms and Conditions apply to every offer from Ledletters and to all current and future Agreements, deliveries, commercial relationships and other legal relationships between the Parties. The Customer's General Terms and Conditions are expressly rejected.
Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Ledletters.
The applicability of purchase or other terms and conditions of the Customer is expressly rejected, unless expressly agreed otherwise in writing.
The General Terms and Conditions also apply to additional or changed orders from the Client.
If it appears that a provision or several provisions in these General Terms and Conditions are null and void, the validity of the other provisions of these General Terms and Conditions as well as the entire Agreement will not be affected. In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that approaches the invalid provision as closely as possible within the purport of the original General Terms and Conditions.

Article 4 Offer and formation Agreement

All offers on the Website are without obligation, unless expressly stated otherwise.
The Customer can contact Ledletters via the Website, e-mail or telephone for one of the Services or Products offered.
Ledletters will consult with the Customer about his expectations and can then prepare a quotation that will be sent by letter or e-mail. The Agreement is only concluded by signing the quotation or by means of an (electronic) order confirmation.
Customer can also place orders on the Website. The Agreement is then concluded by placing an order and payment, unless agreed otherwise.
If Ledletters sends a confirmation to the Customer, that confirmation will give direction to the content and explanation of the Agreement, subject to obvious typing errors. Ledletters cannot be held to its offer if the Customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
If the Customer makes notes or comments on the quotation from Ledletters, they are not part of the Agreement, unless Ledletters confirms this in writing.
An assignment by the Customer that has not been preceded in writing requires written acceptance by Ledletters.

Article 5 Execution of the Agreement

Ledletters will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements.
Ledletters has the right to have certain activities carried out by third parties.
When engaging third parties, Ledletters will take due care and consult with the customer in the selection of these third parties, as far as this is reasonably possible and customary in the relationship with the customer. The costs of engaging these third parties will be borne by the Customer and will be passed on to the Customer by Ledletters.
The Agreement can only be executed by Ledletters if the Customer provides complete and correct (contact) information to Ledletters when concluding the Agreement. The Customer therefore ensures that all data, which Ledletters indicates are necessary or which the Customer should reasonably understand are necessary for the execution of the Agreement, are provided to Ledletters in a timely manner.
The Customer ensures that Ledletters can provide its Services in a timely and proper manner. If the Customer does not comply with its agreements in this regard, it is obliged to compensate the resulting damage.
If a term has been agreed or specified for the performance of Services or delivery of Products, this is never a strict deadline. If a term is exceeded, the Customer must give Ledletters written notice of default. Ledletters must be offered a reasonable period of time to still implement the Agreement.

Article 6 Amendment of the Agreement

If during the implementation of the Agreement it appears that it is necessary to change or supplement it for proper implementation, Ledletters and the Customer will proceed to adjust the Agreement in good time and in mutual consultation.
If the Agreement is amended, including an addition, this is an additional assignment. A separate payment agreement will be made in advance for this additional assignment. Without an additional quote, the original terms and conditions apply, whereby the additional Services are paid at the agreed rate.
The non-execution or non-immediate execution of the amended Agreement does not constitute a breach of contract by Ledletters and is no ground for the Customer to cancel or dissolve the Agreement.
Changes to the originally concluded Agreement between Ledletters and the Customer are only valid from the moment that these changes have been accepted by both Parties by means of an additional or amended Agreement. This change will be made in writing.

Article 7 Suspension, dissolution and premature termination of the Agreement

Ledletters is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Customer does not fulfill the obligations under the Agreement, not fully or not on time, or if Ledletters has good reason to fear that the Customer will fail in those obligations, provided that Ledletters has given the Customer notice of default by means of a written reminder, whereby the Customer is given a reasonable period for the fulfillment of the obligations, and compliance within this period is not forthcoming.
Ledletters is also authorized to dissolve the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
If the Customer fails to fulfill its obligations arising from the Agreement, this non-fulfilment justifies dissolution and the Customer is in default, then Ledletters is entitled to dissolve the Agreement immediately and with immediate effect by means of a written statement to the Customer, whereby the Customer, under of default, to damages or compensation is mandatory.

Article 8 Right of withdrawal and return of Products

The right of withdrawal does not apply to custom-made products.
For the Customer, the Agreement can no longer be canceled if Ledletters fully delivers the Services within the 14 (fourteen) days reflection period. When concluding the Agreement, the Customer grants permission to Ledletters for this and declares to waive the Right of Withdrawal.
Furthermore, the Customer retains the Right of Withdrawal if the Services, at the request of the Customer, are partially delivered within the 14 (fourteen) days reflection period. The Customer is, however, obliged to pay for the Services already provided.
The Customer will only use the Product and only open the packaging insofar as this is necessary to inspect the Product. The starting point here is that the Customer may not inspect the Product further than would be done in a physical store. If the Customer decides to return the Product, and it is not necessary to remove the packaging, Ledletters asks not to do so.
The Customer can return the Product via a self-chosen postal company. The costs of return are for the account of the Customer.

Article 9 Cancellation

Cancellation of the Agreement after signing the quotation or (electronic) order confirmation is not possible

Article 10 Costs, remuneration and payment

All amounts stated in the quotation are in euros and include VAT, unless stated otherwise.
The amounts in the Webshop include VAT and exclude shipping costs, unless stated otherwise. Ledletters will clearly and timely state the calculation of the shipping costs to the Customer before concluding the Agreement.
Ledletters has the right to rectify apparently incorrect spellings in the quotation.
Payment is made via iDeal, Klarna or by bank transfer, credit card or cash.
The invoice must be paid by the Customer within 7 (seven) days.
Ledletters will not charge shipping costs for orders within the Netherlands and Belgium.
The customer has the obligation to immediately inform Ledletters of any inaccuracies in the stated or provided payment details.
If the Customer fails to pay an invoice on time, the Customer will be in default by operation of law, without further notice of default being required. In that case, the Customer owes the statutory interest. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
If Ledletters decides to collect a claim due to non-payment of one or more unpaid invoices by legal means, the Customer is, in addition to the principal sum due and the interest referred to in Article 10.8, also obliged to reimburse all reasonable judicial and extrajudicial costs incurred. . The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that pertains to compensation for extrajudicial collection costs.

Article 11 Delivery

The moment the order is received by Ledletters, Ledletters will send the Products as soon as possible, taking into account the delivery period, to the address that the Customer has made known to Ledletters. The delivery term of Ledletters is in principle 5 (five) weeks.
If Ledletters cannot deliver the Products within the agreed delivery period, it will inform the Customer as soon as possible. Ledletters is entitled to agree a new delivery date in mutual consultation with the Customer, provided that the Customer agrees.
The Products are at the risk of the buyer from the moment that the Products are delivered to the Customer by Ledletters or a carrier designated by him at the specified delivery address.
Ledletters itself determines the method of transport and packaging. Ledletters can choose to have the Products delivered via PostNL or another mail carrier, but can also choose to deliver the Products personally.
If the Products are available to the Customer after the delivery period has expired but are not accepted by him, the Products will be stored at his disposal at his risk and expense, regardless of the reason for non-acceptance.

If the delivered Product essentially does not comply with the Agreement or if a Product is lost or damaged, a suitable solution will be sought in joint consultation. In such a case, the Customer has the right towards Ledletters to:

i. Demand delivery of the missing part or Product;
ii. to demand repair of the delivered Product, provided Ledletters can reasonably comply with this;
iii. to demand replacement of the Product, unless the deviation from the Agreement is too minor to justify this, or the Product has been destroyed or deteriorated after the time that the Customer should reasonably have taken into account dissolution of the Agreement because the Customer is not considered a the debtor has carefully ensured the preservation of the Product;

iv. To terminate the Agreement, unless the deviation from the Agreement does not justify termination in view of its minor significance; or
v. Reduce the price in proportion to the degree of deviation from the Agreement.

The rights under paragraph 6 under iv and v of this Article only arise if repair and replacement of the delivered Products is impossible or cannot be required from Ledletters, or if Ledletters has failed to fulfill its obligations to repair or replace the delivered Products. to be fulfilled within a reasonable time.
If the Customer demands replacement of the Product, as referred to in paragraph 6 under iii of this Article, and the ordered Product is no longer available, Ledletters is entitled to deliver a similar Product of the same or similar quality to the Customer.

Article 12 Retention of title

All goods delivered by Ledletters remain the property of Ledletters, for as long as these goods have not been paid in full.
Insofar as the retention of title of Ledletters is nullified by case formation or otherwise, Ledletters reserves the right to establish a non-possessory pledge on an item, as security for all that the Customer still owes or will owe to Ledletters. The customer must establish this non-possessory right of pledge at the first request of Ledletters.

Article 13 Liability

Ledletters is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 14.
If Ledletters is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Customer due to a demonstrable failure of the obligations of Ledletters with regard to its Services.
The liability of Ledletters is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Ledletters is not insured, the liability is limited to the amount paid by the Customer.
The limitation of liability as described in this Article does not apply if there is intent or deliberate recklessness on the part of Ledletters.
This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

Article 14 Force majeure

Force majeure is understood to mean all external causes, beyond the control or actions of Ledletters, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to: non-compliance by a third party, illness of (staff of) Ledletters itself or a third party, abnormal weather conditions, failures in water and energy supplies , strikes, serious malfunctions in the systems of Ledletters, fire, floods, natural disasters, pandemics, riots, war or other internal unrest.
In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure continues.
In the event of force majeure resulting in one of the Parties failing to fulfill its obligations under the Agreement, the other Party is entitled to terminate the Agreement without judicial intervention. In such a case, Ledletters will proceed to a refund of any amounts paid, with deduction of all costs that Ledletters has incurred with regard to the Agreement.

Article 15 Warranty

Ledletters offers a guarantee for the Products it supplies against material and manufacturing defects. The guarantee means that Ledletters will repair the errors to the best of its ability and replace them free of charge if necessary. Defects must be reported to Ledletters in writing.
The guarantee does not apply if the errors are wholly or partly the result of incorrect, incompetent, careless use, use for other than normal purposes or external causes, including but not limited to fire or water damage.
The warranty also does not apply if the Products have been modified or maintained by third parties.
The warranty period is 1 (one) year from the time of delivery, unless agreed otherwise.
If Ledletters carries out repair work that falls outside the scope referred to in this Article, the costs will be borne by Ledletters according to the law.
The provisions in the General Terms and Conditions with regard to warranty do not affect the Customer's warranty claims under the law.

Article 16 Advertising

The Customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible term. In doing so, the Customer should examine whether the quality and quantity of the delivered goods correspond with what has been determined in the Agreement.
Errors or inaccuracies that can be found during a first inspection, taking into account the requirements of reasonableness and fairness, must be reported to Ledletters in writing within 14 (fourteen) working days after receipt of the Products, with the presentation of the proof of purchase, unless this is impossible. or is unreasonably onerous.
Other complaints, including complaints that could not be detected during a first inspection, must be reported to Ledletters in writing within one month at the latest in accordance with the provisions of paragraph 2 of this Article. A legal presumption of evidence applies to the Customer, which means that if the Product deviates from the Agreement within 12 (twelve) months after receipt, it is presumed that the product did not comply with the Agreement upon delivery.

Article 17 Confidentiality of data

Each of the Parties guarantees that all information received from the other Party that is known or should be known to be of a confidential nature will remain confidential. The Party that receives confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it has been designated as such by one of the Parties. Ledletters cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a statutory regulation or for the correct execution of the agreement.

Article 18 Intellectual property

Ledletters reserves the rights and powers to which it is entitled under the Copyright Act.
Customer guarantees that no rights of third parties oppose making data available to Ledletters. The Customer shall indemnify Ledletters against any action based on the claim that such making available, using, editing, installing or incorporating any rights of third parties infringe.

Article 19 Complaints procedure

If the Customer has a complaint, the Customer must send this in writing to info@ledletters.net or report it by telephone via +31622220705. The complaint will, if reasonably possible, be processed 5 (five) working days after receipt of the complaint by Ledletters, after which the Customer will receive a substantive response as soon as possible.
The Customer also has the option of submitting a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website http://ec.europa.eu/consumers/odr/ .

Article 20 Change clause

Ledletters reserves the right to change or supplement these General Terms and Conditions at any time. Ledletters will inform the Customer of this in a timely manner.
The amended General Terms and Conditions will apply to the Agreement one month after notification to the Customer.
The Customer has the option to dissolve the Agreement until the day of entry into force of the amended General Terms and Conditions at the latest if the amendments result in Ledletters being able to provide Services or Products that are substantially different than the Parties agreed upon when concluding the Agreement. agreed.

Article 21 Applicable law and competent court

Dutch law applies to the legal relationship(s) between Ledletters and its Customer.
All disputes that may arise between Ledletters and the Customer will be submitted to the competent court in the district where the Customer has his or her place of residence.