Conditions

TERMS AND CONDITIONS

ARTICLE 1 – DEFINITIONS

Under these conditions the following definitions apply:

Return / withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Term transaction: a distance contract for a range of products

and/or services whose delivery and/or acceptance obligation extends over a longer period of time;

Data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract in which, within the framework of a system for the distance sale of products and/or services organized by the entrepreneur, one or more distance communication technologies are used exclusively until the conclusion of the contract;

Long-distance communication technology: means by which a contract can be concluded without the consumer and entrepreneur being in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Company name: Witteveen Commerce LLP
Chamber of Commerce number: OC446864
Email-Address: info@misterlamp-auckland.com
Telephone number: +64 9 802 4853
Physical Address: 32 Kinburn St, London, London, SE16 6DW, United Kingdom

Any questions? Check out our Frequently asked Questions
Or contact us via our Contact page

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur

Every distance contract and every order concluded 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 reasonable, it will be pointed out before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as quickly as possible at the consumer's request.

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 may be made available to the consumer electronically in a manner that the consumer can read and simply stored on a durable data medium. If this is not reasonable, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable regulation that is most favorable to him.

If at any time one or more provisions of these General Terms and Conditions are, in whole or in part, void or declared void, the Agreement and these General Terms and Conditions will otherwise remain in force and the provision in question will be replaced without delay by a provision equivalent to the original comes as close as possible.

Situations not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products offered

and/or services. The description is sufficiently detailed to enable a good assessment

Offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the contract.

Product images are a true representation of the products offered. Entrepreneurs cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

the price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses the special regulation for postal and courier services when importing. This regulation applies if the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects VAT (if applicable together with the customs clearance costs invoiced) from the recipient of the goods;

any shipping costs;

the manner in which the contract is concluded and what measures are required for this;

whether the right of withdrawal applies or not;

the method of payment, delivery and execution of the contract;

the deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;

the amount of the long-distance communication fee if the costs for the use of the long-distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract will be archived after its conclusion and, if so, how it can be viewed by the consumer;

the way in which the consumer can check and, if desired, restore the data provided by him under the contract before the conclusion of the contract;

all other languages in which the contract can be concluded other than Dutch;

the codes of conduct to which the trader has adhered and the way in which the consumer can consult these codes of conduct electronically; And

the minimum term of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, material types.

ARTICLE 5 – THE AGREEMENT

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the conditions established.

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 entrepreneur has not confirmed receipt of this acceptance, the consumer can withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within the framework of the legal provisions, find out whether the consumer can meet his payment obligations, as well as all facts and factors that are important for justifying the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to reject an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service in writing or in such a way that it can be stored on a durable medium so that it is accessible to the consumer:

the visiting address of the entrepreneur's branch to which the consumer can contact with complaints;

the conditions and manner in which the consumer can exercise the right of withdrawal or a clear statement excluding the right of withdrawal;

the information about guarantees and existing customer service;
the information contained in Article 4 paragraph 3 of these Conditions, unless the

The entrepreneur has already provided the consumer with this information before the contract is concluded.

the conditions for terminating the contract if the contract has a term of more than one year or is indefinite.

In the case of a ride, the regulation in the previous paragraph only applies to the first delivery.

Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to terminate the contract without giving any reason within 30 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all the accessories supplied and - as far as reasonably possible - in its original condition and packaging in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receiving the goods. The consumer must communicate this by means of a written notice/email. After the consumer has communicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipping.

If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the customer has not declared that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

View our complete terms here refund policy.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the consumer will bear the costs of returning the products.

If the consumer pays an amount, the entrepreneur will refund this amount as quickly as possible, but at the latest within 14 days of cancellation. The prerequisite for this is that the product has already been received back from the online retailer or conclusive proof of the complete return can be provided.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products in accordance with paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if

The entrepreneur has clearly explained this in the offer, at least in good time before the contract is concluded.

An exclusion of the right of withdrawal is only possible for products:

which were created by the entrepreneur according to the consumer's specifications;
which are clearly personal in nature;
which cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;

for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been opened by the consumer.
for hygiene products whose seal has been opened by the consumer.

An exclusion of the right of withdrawal is only possible for services:

in relation to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period;

the delivery of which began with the express consent of the consumer before the end of the cancellation period;

about betting and lotteries.

ARTICLE 9 – THE PRICE

During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices stated are guide prices are expressly pointed out in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal regulations or provisions. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

these arise from legal regulations or provisions; or
The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

In accordance with Article 5(1) of the Sales Tax Act 1968, the place of delivery is the country in which the carriage begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects the import sales tax or customs clearance costs from the customer. Therefore, no VAT is charged to the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing or typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – COMPLIANCE AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability as well as the legal provisions and/or government regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than usual.

A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not liable for the final suitability of the products for each individual application by the consumer nor for any information regarding the use or application of the products.

The guarantee does not apply if:

The consumer repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;

The products delivered have been subjected to abnormal conditions or have otherwise been treated negligently or contrary to the instructions of the

Entrepreneur and/or on the packaging;

The defect is due, in whole or in part, to regulations issued or issued by the Government regarding the type or quality of the materials used.

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will take the greatest care when accepting and executing product orders.

The delivery location is the address that the consumer has provided to the company.

Taking into account the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 14 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 14 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the costs of any return shipment.

The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and communicated to the entrepreneur, unless expressly agreed otherwise.

View our complete offering here Shipping Policy.

ARTICLE 12 – PERMANENT TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

completion

The consumer can enter into a contract of indefinite duration which includes:

the regular delivery of products (including electricity) or services, can be canceled at any time taking into account the agreed cancellation rules and a maximum notice period of one month.

The consumer may terminate a contract concluded for a specific period, which extends to the regular supply of products (including electricity) or services, at any time at the end of the specified term, taking into account the agreed termination rules and giving a notice period of at least a maximum of one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;

terminate at least in the same manner as agreed by him; Always cancel with the same notice period that the entrepreneur agreed for himself. renewal

A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Notwithstanding the preceding paragraph, a contract concluded for a specific period, which extends to the regular delivery of daily news and weekly newspapers and magazines, may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this renewed agreement . You can cancel the extension with a maximum of one month's notice.

A contract concluded for a specific period and extending to the regular supply of products or services can only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of not more than one month and a notice period of not more than three months if the agreement extends to the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines to get you started (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.

Length of time

If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins from the moment the consumer confirms the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment data transmitted or communicated to the entrepreneur.

If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to invoice the reasonable costs communicated to the consumer in advance.

View our complete offering here Payment policy

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will be processed within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a detailed response.

If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution process.

A complaint does not invalidate the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.

If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which the General Terms and Conditions apply. Even if the consumer lives abroad.

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