Terms of service

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication until the conclusion of the agreement;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Company name: Next E-commerce
Trade name: Luméo London
Customer service email: info@lumeo-london.com

Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions may also be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request either electronically or otherwise.
...

Article 4 – The Offer
If an offer is subject to a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to damages or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs fees and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs clearance fees) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and the actions required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs for using the distance communication technique are calculated on a basis other than the regular base rate for the communication means used;
  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if desired, rectify the information provided by them under the agreement before its conclusion;
  • any other languages in which the agreement can be concluded in addition to Dutch;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.
    Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, investigate whether the consumer can fulfill their payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product or service to the consumer, provide the following information in writing or in such a way that the consumer can store it on a durable data carrier:

  • the address of the entrepreneur’s business location where the consumer can lodge complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information on warranties and existing after-sales services;
  • the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
    In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
    Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The notification must be made in writing or by email. After the consumer has notified the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing a proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive proof of complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:

  • that are made to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that spoil or age quickly;
  • whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software, where the consumer has broken the seal;
  • for hygiene products, where the consumer has broken the seal.
    Exclusion of the right of withdrawal is only possible for services:
  • relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which has begun with the consumer’s explicit consent before the cooling-off period has expired;
  • relating to bets and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases after 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.

 

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and legal provisions and/or government regulations existing on the date of the agreement's conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in a new condition.
The entrepreneur's warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
  • The defects are wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
With due observance of the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.
In case of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will be informed clearly and comprehensibly no later than the time of delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least in the same way as they were concluded;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Contrary to the previous paragraph, an agreement concluded for a fixed term and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed term and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a service agreement, this term begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.