Terms of service

This is a translation of our Dutch terms and conditions. If the two versions differ, the Dutch text applies.

Terms and conditions

These terms apply to every order you place with Best in Light. They are based on the model terms of WebwinkelKeur, the Dutch online shop quality mark.

Is anything unclear? Please get in touch: we would rather explain it beforehand than afterwards.

Article 1

Definitions

In these terms:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal.

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 trader.

Day: calendar day.

Continuing transaction: a distance contract for a series of products or services, where the obligation to deliver or purchase is spread over time.

Durable data carrier: any means that allows the consumer or trader to store information addressed to them personally, so that it can later be consulted unchanged.

Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period.

Model form: the withdrawal form that the trader makes available and that the consumer can fill in to exercise the right of withdrawal.

Trader: Best in Light, which offers products and services to consumers at a distance.

Distance contract: a contract for which, up to and including its conclusion, only techniques for distance communication are used.

Technique for distance communication: a means by which a contract can be concluded without the consumer and the trader being in the same room at the same time.

Article 2

Who we are

Best in Light is located at Leemansweg 33D, 6827 BX Arnhem, the Netherlands. You can reach us on +31 85 212 48 32 and at info@bestinlight.nl. For complaints, please use klachten@bestinlight.nl.

Our Chamber of Commerce number is 91777585 and our VAT number is NL865767130B01. Returns go to the same address in Arnhem, after you have registered your return with us.

Article 3

Applicability

These terms apply to every offer from Best in Light and to every distance contract between us and the consumer.

Before the contract is concluded, we make these terms available to you. If that is not reasonably possible, we tell you where you can view them and send them to you free of charge on request. For a contract concluded electronically, we provide the text in a way that you can easily save.

If specific product or service terms apply in addition to these terms, you can always rely on the provision that is most favourable to you in the event of a conflict.

If a provision is wholly or partly void, the contract and the remaining terms remain in force. We will then replace that provision, in consultation, with one that comes as close as possible to its original intent. Situations not covered here, and doubts about interpretation, are assessed in the spirit of these terms.

Article 4

The offer

If an offer has a limited period of validity or is subject to conditions, we state this explicitly. The offer is without obligation; we may change or adjust it.

Every offer contains a complete and accurate description, detailed enough for you to assess it properly. Images are a true representation of the products offered. Because screens display colours differently, we cannot guarantee that the colours shown match the actual colour of a lamp exactly. Obvious mistakes or errors in the offer are not binding on us.

With every offer we make clear which rights and obligations come with accepting it: the price including taxes, any shipping costs, the method of payment, delivery and performance, the period for acceptance, whether the right of withdrawal applies, and how you can withdraw from the contract.

Article 5

The contract

The contract is concluded when you accept the offer and meet the conditions set.

If you accept electronically, we confirm receipt of your acceptance electronically without delay. As long as we have not confirmed receipt, you may dissolve the contract.

We take appropriate technical and organisational measures to secure your data and the electronic payment. Within the law, we may check whether you can meet your payment obligations and whether there are facts relevant to responsibly entering into a distance contract. If we have good reason not to enter into the contract, we may refuse an order or attach special conditions to its performance, always stating our reasons.

With the product or service we send you the information you need: our visiting address for complaints, the conditions under which and the way in which you can exercise the right of withdrawal, information about guarantees and after-sales service, and the details from article 4, unless we already provided them before performance.

Article 6

Right of withdrawal

For the delivery of products

You can dissolve the contract without giving reasons within 60 days. This cooling-off period starts on the day after you, or a representative you have designated, received the product.

During the cooling-off period, you handle the product and its packaging with care. You only unpack or use the product to the extent needed to judge whether you want to keep it, just as you would in a shop.

If you wish to use your right of withdrawal, let us know within 60 days of receipt. You can use the model form at the bottom of this page, or simply send an email. After your notice you have a further 14 days to send the product back, with all accessories delivered and, if reasonably possible, in its original condition and packaging. You must be able to show that you returned it in time, for example with a proof of postage.

If you have not told us within these periods that you wish to withdraw, or have not returned the product, the purchase is final.

For the supply of services

For services, you can dissolve the contract without giving reasons within at least 14 days, starting on the day the contract was concluded. You follow the reasonable and clear instructions we provide with the offer or at the latest on delivery.

Article 7

Costs in the event of withdrawal

The direct costs of returning the product are at your expense. We refund the amount you paid, including the shipping costs you paid with your order, as soon as possible and at the latest within 14 days of your withdrawal. This is on condition that we have received the product back, or that you can conclusively show that you have returned everything complete.

The refund is made using the same payment method you used, unless you expressly agree to a different method.

If the product is damaged because you handled it carelessly, you are liable for the loss in value. You cannot be held liable for this if we did not give you all legally required information about the right of withdrawal before the purchase was concluded.

Article 8

Exclusion of the right of withdrawal

For some products there is no right of withdrawal. This exclusion only applies if we stated it clearly in the offer, in good time before the contract was concluded.

Exclusion is also possible for products:

• that have been made to your specifications;
• that are clearly personal in nature;
• that cannot be returned because of their nature;
• that spoil or age quickly;
• whose price depends on fluctuations in the financial market that we have no control over;
• individual newspapers and magazines;
• audio and video recordings and computer software whose seal you have broken;
• hygiene products whose seal you have broken.

For services, exclusion is possible for accommodation, transport, catering or leisure activities on a specific date or during a specific period; for services whose performance began with your express consent before the end of the cooling-off period; and for bets and lotteries.

Article 9

The price

During the stated period of validity we do not raise prices, except as a result of changes in VAT rates. All prices shown include VAT.

Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations. Increases after that are only permitted if we have stipulated them and they result from statutory regulations, or if you may terminate the contract with effect from the day the increase takes effect.

All prices are subject to printing and typesetting errors. We accept no liability for their consequences; in the case of an obvious error we are not obliged to deliver the product at the incorrect price.

Article 10

Conformity and warranty

We guarantee that our products comply with the contract, with the stated specifications, with reasonable requirements of soundness and usability, and with the statutory provisions in force on the date the contract was concluded.

All our products are covered by the statutory warranty. This means a lamp must be what you can reasonably expect of it. How long this warranty lasts depends on the nature and price of the product. A guarantee from us, the manufacturer or the importer does not affect your statutory rights.

Please report defects or incorrectly delivered products to us in writing within two months of discovering them.

The warranty does not apply if you have repaired or modified the product yourself, or had it repaired or modified by third parties; if the product has been exposed to abnormal conditions, handled carelessly or used contrary to our instructions or those on the packaging; or if the defect results from government regulations on the nature or quality of the materials used.

Article 11

Delivery and performance

We take the greatest possible care when accepting and carrying out orders. The place of delivery is the address you have given us.

We carry out accepted orders promptly, at the latest within 30 days, unless you have agreed to a longer delivery time. The latter applies to made-to-measure items and to lamps made to order; the expected period is then shown on the product page.

If delivery is delayed, or if we cannot carry out an order or can only carry it out in part, you will hear from us at the latest 30 days after your order. You may then dissolve the contract free of charge. In that case we refund the amount paid as soon as possible, at the latest within 14 days of dissolution.

If delivery proves impossible, we will make every effort to offer a replacement item. At the latest on delivery, we state clearly that it is a replacement item. For replacement items the right of withdrawal cannot be excluded, and the costs of any return shipment are at our expense.

The risk of damage or loss lies with us until the moment of delivery to you or to a representative you have designated, unless expressly agreed otherwise.

Article 12

Continuing transactions

You may terminate a contract for an indefinite period for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

You may terminate a contract for a fixed period for the regular delivery of products or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. You can always terminate such contracts in the same way you entered into them, and with the same notice period that we have stipulated for ourselves.

A contract for a fixed period is not tacitly extended or renewed for a fixed term. By way of exception, a contract for the regular delivery of daily, news or weekly papers and magazines may be tacitly extended for a maximum of three months, provided you can terminate the extended contract at its end with a notice period of no more than one month.

A contract for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if you may terminate it at any time with a notice period of no more than one month.

You may terminate a contract lasting longer than one year 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

In our online shop you pay when you order, using one of the payment methods shown at checkout. If a different arrangement has been agreed in writing, for example a deposit for a made-to-measure item, what was agreed applies.

You must report any inaccuracies in payment details provided or stated to us without delay.

In the event of non-payment, we may, subject to statutory restrictions, charge the reasonable costs made known in advance.

Article 14

Complaints procedure

We have a published complaints procedure and handle complaints in accordance with it. You can find it on our complaints page.

Please submit complaints about the performance of the contract within two months of noticing the defect, fully and clearly described, to klachten@bestinlight.nl.

You will receive confirmation of receipt within one working day. We respond to your complaint in substance within 14 days of receipt. If a complaint foreseeably needs more time, we will let you know within those same 14 days, with an indication of when you can expect a more detailed answer.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the dispute settlement procedure. You can then turn to WebwinkelKeur, of which we are a member; it mediates free of charge. You can check our membership in the WebwinkelKeur member list. If that does not lead to a solution either, you can have your complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its decision is binding on both you and us. Submitting a dispute to that committee involves costs, which you pay to the committee.

As a consumer in the European Union, you can also submit your complaint via the European Commission's ODR platform, as long as it is not already being handled elsewhere.

A complaint does not suspend our obligations, unless we state otherwise in writing. If we find a complaint justified, we will replace or repair the delivered product free of charge, at our discretion.

Article 15

Disputes

Contracts between Best in Light and the consumer to which these terms apply are governed exclusively by Dutch law, even if you live abroad. The Vienna Sales Convention does not apply.

Article 16

Additional or deviating provisions

Provisions that supplement or deviate from these terms may not be to your disadvantage. They are recorded in writing, or in such a way that you can store them in an accessible way on a durable data carrier.

Model withdrawal form