Terms & Conditions

General Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may 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 trader;
Day: calendar day;
Subscription: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Trader: 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 the distance sale of products and/or services, using exclusively one or more means of communication at a distance up to and including the conclusion of the agreement;
Means of communication at a distance: a means that can be used to conclude an agreement without the consumer and the trader being together in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the Business

Lumoira

Email: support@lumoira.co
Telephone: +31630119509

Article 3 – Applicability

These general terms and conditions apply to every offer by the business and to every distance contract concluded and order placed between the business and the consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer shall be informed that the general terms and conditions can be consulted at the business’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, notwithstanding the preceding 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 such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer shall be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original provision as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with 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 non-binding. The trader is entitled to amend 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 enable the consumer to properly assess the offer. If the trader uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader. All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

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

the price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the customer's risk. The postal and/or courier service will use the special arrangement for postal and courier services with regard to the importation. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT from the recipient of the goods, whether or not together with the customs clearance costs charged;
any shipping costs;
how the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard basic rate for the communication method used;
whether the agreement will be archived after it is concluded and, if so, how the consumer can consult it;
how the consumer can check the data they have provided in connection with the agreement before concluding it and, if desired, correct it;
the other languages, if any, in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has subscribed and how the consumer can consult these codes of conduct electronically;
the minimum duration of the distance agreement in the case of a subscription contract.
optional: available sizes, colors, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions set for it. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.

The trader may, within the limits of the law, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:

the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
the information about guarantees and existing after-sales service;
the information included in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
the requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.

In the case of a subscription contract, the provision in the previous paragraph applies only to the first delivery. Each agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to terminate the agreement without stating reasons within 30 days. This cooling-off period begins on the day after the consumer receives the product, or after receipt by a representative previously designated by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must provide this notification in writing or by email. After notifying the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of dispatch.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of 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 as 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 conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

made by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
the supply of which began with the consumer’s explicit consent before the withdrawal period expired;
concerning betting 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.

By way of derogation from the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This connection to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:

it results from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, delivery takes place in the country where transportation begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT and/or customs clearance costs. Therefore, the trader will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the business also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the business under the agreement. Any defects or incorrectly delivered products must be reported to the business in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business is never responsible for the products’ ultimate suitability 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, have otherwise been handled carelessly, or have been handled contrary to the business’s instructions and/or the instructions on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and fulfillment

The business will exercise the utmost care when receiving and fulfilling orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as promptly as possible, but no later than within 30 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 fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and to claim any applicable compensation.

In the event of dissolution in accordance with the previous paragraph, the business 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. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing contracts: term, termination and extension

Termination

The consumer may terminate an agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services at any time effective 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:

cancel and not be limited to cancellation at a specific time or during a specific period;
terminate at least in the same manner as the agreement was entered into; always terminate with the same notice period as the entrepreneur stipulated for itself.

Extension

An agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, an agreement entered into for a fixed term that involves the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed term that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months where the agreement involves the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically extended and ends automatically at the end of the trial or introductory period.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.

In the event of the consumer’s non-payment, the business has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the business in full and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days 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 business’s obligations, unless the business indicates otherwise in writing.

If the business finds a complaint to be justified, it will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CONTACT DETAILS

For more information about our terms and conditions, to ask questions, or to submit a complaint, please contact us by email: info@lumoira.co

Our customer service is available:

Monday to Friday from 08:00 to 17:00.
Saturday and Sunday: 10:00 to 16:00.

You can contact us via:

Email: support@lumoira.co

We will respond within 24 hours.

For other questions, we kindly refer you to our frequently asked questions page.