Zeker. Hieronder staat de volledig aangepaste Engelse vertaling, waarbij ik de structuur van het Nederlandse brondocument behoud: artikelen, afzonderlijke leden, opsommingen en de verwijzing in Artikel 13. Ik wijzig dus niet inhoudelijk wat er juridisch in het Nederlandse origineel staat. Geplakte tekst

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 the Event of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Payment
Article 13 - Complaints Procedure
Article 14 - Disputes
Article 15 - Additional or Deviating Provisions

Article 1 - Definitions

In these Terms and Conditions, the following definitions apply:

1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

3. Day: calendar day.

4. Continuing performance contract: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over a period of time.

5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

7. Model form: the model withdrawal form provided by the entrepreneur, which a consumer may complete when they wish to exercise their right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

9. Distance contract: an agreement concluded within the framework of an organised system for the distance sale of products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement.

10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time.

11. Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Lumedi (part of Marimast B.V.);

Richterlaan 4, 9207 JV Drachten
The Netherlands

Chamber of Commerce number: 86438042
VAT identification number: NL859910222B01

Article 3 - Applicability

1. These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the 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 Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

4. If specific product or service conditions apply in addition to these Terms and Conditions, paragraphs 2 and 3 apply accordingly. In the event of conflicting Terms and Conditions, the consumer may always rely on the applicable provision that is most favourable to them.

5. If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and the remaining Terms and Conditions will remain in force. The provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purpose of the original provision as closely as possible.

6. Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

7. Any ambiguity regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 - The Offer

1. If an offer has a limited period of validity 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 amend 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 will provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Product images provide a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

6. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and the actions required to do so;
   • 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 entrepreneur guarantees the price;
   • the applicable rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
   • whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
   • the way in which the consumer can check and, if desired, correct the information provided in connection with the agreement before concluding the agreement;
   • any languages other than Dutch in which the agreement may be concluded;
   • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically;
   • the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the conditions stipulated therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

4. Within the limits permitted by law, the entrepreneur may investigate whether the consumer is able to fulfil their payment obligations, as well as all facts and circumstances relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled, with reasons, to refuse an order or request or to attach special conditions to its performance.

5. The entrepreneur will 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 in an accessible manner on a durable medium:

   • the address of the entrepreneur’s business location where the consumer can submit complaints;
   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   • information about warranties and existing after-sales service;
   • the information included in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before performance of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is entered into subject to the condition precedent that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal

For the delivery of products

1. When purchasing products, the consumer has the right to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

2. 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 exercises their right of withdrawal, they will return the product 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.

3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification using the model withdrawal form or another means of communication, such as email. After notifying the entrepreneur that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.

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

For the provision of services

5. When services are provided, the consumer has the right to terminate the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is concluded.

6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.

Article 7 - Costs in the Event of Withdrawal

1. If the consumer exercises their right of withdrawal, no more than the costs of returning the goods will be borne by the consumer.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of the complete return shipment has been provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

3. If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any reduction in the value of the product.

4. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.

2. The right of withdrawal may only be excluded for products:

   • that have been created by the entrepreneur in accordance with the consumer’s specifications;
   • that, due to their nature, cannot be returned;
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

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 resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This link to market fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.

3. Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

   • they result from statutory regulations or provisions; or
   • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

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

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, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.

4. 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.

5. The warranty does not apply if:

   • the consumer has repaired and/or modified the delivered products themselves or has 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 instructions of the entrepreneur and/or the instructions on the packaging;
   • the defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 - Delivery and Performance

1. The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address provided by the consumer to the company.

3. Subject to the provisions of paragraph 4 of this Article, the company will fulfil accepted orders as soon as reasonably possible and 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 partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this Article, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.

6. 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 cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.

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

Article 12 - Payment

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

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

3. In the event of non-payment by the consumer, and subject to statutory restrictions, the entrepreneur is entitled to charge reasonable costs that have been communicated to the consumer in advance.

Article 13 - Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints concerning the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing period, the entrepreneur will respond within 14 days with an acknowledgement 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 subject to the dispute resolution procedure.

5. In the event of complaints, the consumer must first contact the entrepreneur. Complaints may also be submitted via the European ODR platform. (https://consumer-redress.ec.europa.eu).

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 justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 14 - Disputes

1. Agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, including where the consumer resides outside the Netherlands.

2. The United Nations Convention on Contracts for the International Sale of Goods (CISG/Vienna Convention) does not apply.

Article 15 - Additional or Deviating Provisions

1. Additional provisions or provisions that deviate from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.