Terms and Conditions

Terms and  Conditions

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 – Product Protection

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information;
5. Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;
6. Model withdrawal form: the European model withdrawal form included in Annex I;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the time at which the contract is concluded;
9. Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time;
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur
Lumunex (Trade name of Nextivate)
Neonstraat 2B
7463 PE RIJSSEN
The Netherlands
Phone number: +31 (0)854858518 available from 09:00 to 17:00 on Monday to Friday.
Email address: webshop@lumunex.com
Chamber of Commerce number: 69088446
VAT identification number: NL857727448

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 to the consumer free of charge electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are null and void or are nullified at any time, the agreement and these terms and conditions shall remain in full force and effect and the null and void or nullified provision shall be replaced in mutual consultation by a provision that comes closest to the original in terms of content.
6. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these general terms and conditions.

Article 4 - The Offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable 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 provided. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement becomes effective at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can notify or check, within the legal framework, whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on research, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The entrepreneur shall send the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
  a. the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;
  b. 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;
  c. information about guarantees and existing after-sales service;
  d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the agreement;
  e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has committed to providing a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal
1. In the case of products:
  a. The consumer has the option to return the product within 14 days of receipt without giving any reason, starting on the day of receipt of the product.
  b. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The premise here is that this should only be done in the same way that one would be allowed to try the product in a physical store.
  c. The consumer is only liable for the decrease in value of the product that is the result of a way of handling the product that goes beyond what was allowed in paragraph b.
  d. The consumer can return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
2. In the case of services:
  a. The consumer has the option to terminate the contract for services within 14 days, starting on the day of entering into the contract, without giving any reason.
  b. To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
 
Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises the right of withdrawal, they will be responsible for, at most, the cost of returning the product.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or withdrawal.
3. Exclusion of the Right of Withdrawal
   The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:
  a. That have been created by the entrepreneur in accordance with the consumer's specifications;
  b. That are clearly of a personal nature;
  c. That cannot be returned due to their nature;
  d. That can spoil or age quickly;
  e. Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
  f. For individual newspapers and magazines;
  g. For audio and video recordings and computer software of which the consumer has broken the seal.
  h. Hygiene products that have been opened.

Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:
1. That have been created by the entrepreneur in accordance with the consumer's specifications;
2. That are clearly of a personal nature;
3. That cannot be returned due to their nature;
4. That can spoil or age quickly;
5. Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software of which the consumer has broken the seal.
8. Hygiene products that have been opened.

Article 9 - The Price
1. 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 due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
  a. they are the result of statutory regulations or provisions; or
  b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the range of products or services are inclusive of VAT.

Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must be in the original packaging and in new condition.
4. The guarantee period of the entrepreneur corresponds to the factory guarantee 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.
5. The warranty does not apply if:
  a. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging.
6. The guarantee is not transferable to third parties.

Article 11 - Delivery and Execution
1. The entrepreneur shall exercise the utmost care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. The consumer's address as communicated to the company shall be deemed the place of delivery.
3. Subject to the provisions of Article 11, paragraph 4, of these terms and conditions, the company shall execute accepted orders with all due speed but at least within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be filled, or can only be partially filled, the consumer shall be informed about this within one month after ordering. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this Article, the entrepreneur shall refund the amount that the consumer paid as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. Clear and comprehensible notification that a replacement item will be delivered will be provided at the latest upon delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal
Termination
1. A consumer agreement that has been entered into for an indefinite period and that aims to deliver products regularly (including electricity) or services may be terminated by the consumer at any time, taking into account the agreed termination rules and a notice period of at most one month.
2. A consumer agreement that has been entered into for a definite period and that aims to deliver products regularly (including electricity) or services may be terminated by the consumer at any time at the end of the definite duration, taking into account the agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   - at any time and shall not be limited to termination at a specific time or in a specific period;
   - at least terminate in the same way as they have been entered into by him;
   - always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal
4. A consumer agreement that has been entered into for a definite period and that aims to deliver products regularly (including electricity) or services shall not be tacitly renewed or extended for a definite period.
5. Notwithstanding the preceding paragraph, a consumer agreement that has been entered into for a definite period and that aims to deliver products regularly (including electricity) or services may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
6. A consumer agreement that has been entered into for a definite period and that aims to deliver products or services regularly may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of newspapers, news, and weekly newspapers, and magazines.
7. An agreement with a limited duration for the regular delivery of newspapers, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.
Duration
8. 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 at most one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 5 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur shall have the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has observed the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.
5. In the event of complaints, a consumer should first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. If a solution has still not been reached, the consumer has the option to have his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the ruling of which is binding and both the entrepreneur and the consumer agree with this binding ruling. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Product Protection
The consumer may not resell the products without the permission of the entrepreneur, unless permission has been requested. Private labeling is also not allowed unless separate written agreements are in place.