General terms and conditions

General terms and conditions of LEDPLANET.NL

Article 1. General
1.1 In these general terms and conditions of sale, LEDPLANET.NL means: LEDPLANET.NL.
1.2 These terms and conditions form part of all offers from and agreements with LEDPLANET.NL, unless expressly deviated from in writing.
1.3 Subject to the provisions of Article 6.4, these terms and conditions also apply if LEDPLANET.NL needs to engage third parties for the execution of any agreements.
1.4 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by LEDPLANET.NL.
1.5 In the event that the Terms and Conditions and an Agreement contain any conflicting clauses, the Agreement shall prevail.
1.6 If any part of the Terms is void or is annulled, the remaining provisions of the Terms will remain in full force and effect and the parties will be bound to make every effort to agree on a replacement provision that is valid and approximates the original intentions of the parties as closely as possible.

Article 2. Offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by LEDPLANET.NL.
2.2 Agreements for the delivery of goods and/or services are only binding on LEDPLANET.NL after written confirmation. Actual execution by LEDPLANET.NL or an invoice sent by LEDPLANET.NL is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed in writing within 8 days, LEDPLANET.NL and the purchaser will be bound by it.
2.4 Offers from LEDPLANET.NL do not automatically apply to repeat orders.
2.5 LEDPLANET.NL cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.6 Additions, changes and/or further agreements are only valid if agreed in writing.

Article 3. Prices/Price increase
3.1 All prices are expressed in Euros, unless otherwise stated, including sales tax (VAT) and excluding any shipping costs.
3.2 LEDPLANET.NL guarantees that price increases will not take place after the agreement has been concluded, unless the price increase is the result of legal regulations and/or provisions.
3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract on the day on which the price increase takes effect.

Article 4. Delivery
4.1 If items are available from stock, they will be shipped immediately after ordering. LEDPLANET.NL may charge shipping costs for shipping ordered items. Delivery of ordered items will take place at the postal address known to LEDPLANET.NL, not being of a temporary nature, and delivered to the natural person who is at the delivery address.
4.2 The buyer must sign for receipt of the products. This is only different if the buyer has grounds for refusal based on the law.
4.3 If the purchaser refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items will be stored at the purchaser's expense and risk.
4.4 The delivery obligation of LEDPLANET.NL will, subject to proof to the contrary, be fulfilled as soon as the items delivered by LEDPLANET.NL have been offered to the buyer once. In the event of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver, subject to proof to the contrary.
4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, shall be borne entirely by the purchaser, unless the purchaser invokes the right to cancel the purchase or replace the goods on good grounds.

Article 5. Delivery time
5.1 A delivery time specified by LEDPLANET.NL is never to be regarded as a fatal term. The delivery time only commences after all necessary data is in the possession of LEDPLANET.NL, after which LEDPLANET.NL will attempt to have delivery take place within LEDPLANET.NL.
5.2 In the context of the rules of distance selling, LEDPLANET.NL (contractor) will execute orders with due speed, but at least within LEDPLANET.NL. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be executed in part, the consumer (client) will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Cancellation/revocation/return
6.1 Without prejudice to the rights of LEDPLANET.NL under the law, LEDPLANET.NL is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that effect to the purchaser, with the right to compensation from the purchaser if, after the conclusion of the agreement, LEDPLANET.NL becomes aware of circumstances that give LEDPLANET.NL good reason to fear that the purchaser will not fulfil its obligations or if LEDPLANET.NL has requested security for compliance upon conclusion of the agreement and this security is not provided or is insufficient (despite a formal notice) as well as in the event of bankruptcy of the purchaser, a petition for bankruptcy by the purchaser, suspension of payments, liquidation or a decision to that effect, full or partial transfer of the purchaser's company or seizure of any part of its assets.
6.2 If circumstances arise with regard to persons and/or materials that LEDPLANET.NL uses or is accustomed to using in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with it can no longer reasonably be required, LEDPLANET.NL is entitled to terminate the agreement.
6.3 The purchaser has the right to revoke the agreement within a period of 30 days without giving any reason for delivered goods based on an order with LEDPLANET.NL, if there is a consumer purchase, in accordance with article 7:5 BW, unless expressly agreed otherwise. This period starts at the moment that the ordered goods have been delivered. If the purchaser has not returned the delivered goods to LEDPLANET.NL after this period, the purchase is a fact. Before returning the goods, the purchaser is obliged to report this to LEDPLANET.NL within the period of 14 days after delivery. The purchaser must prove that the delivered goods were returned on time (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the purchaser. The goods must be returned - if reasonably possible - in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into account the provisions of the previous sentence, LEDPLANET.NL will confirm the cancellation of the purchase immediately after receipt and inspection of the returned items and will ensure that the full purchase price is refunded to the purchaser free of charge within LEDPLANET.NL after proper receipt of the complete return shipment.
6.4 The right of withdrawal, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions of the (mobile) network operators offered by LEDPLANET.NL. The general terms and conditions of the network operators in question will apply to the latter services, where LEDPLANET.NL only acts as an intermediary or agent.
6.5 The consumer has 30 days to cancel the order and report the return. Then 14 days to return the product. After receipt of the return we will immediately (after approval) proceed to refund the purchase amount, including any shipping costs in the purchase amount.
If the product is damaged or the packaging is damaged more than necessary to try the product, we can pass on this reduction in value of the product to you. So treat the product with care and make sure that it is well packaged when returning it.

Article 7. Force Majeure
7.1 Force majeure is understood to mean, in addition to what is understood in law and case law, all circumstances over which LEDPLANET.NL has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at LEDPLANET.NL and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) compliance occurs after LEDPLANET.NL should have fulfilled the obligation.
7.3 If the period in which compliance with the obligation by LEDPLANET.NL is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without any obligation to pay damages in that case.
7.4 If LEDPLANET.NL has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

Article 8. Warranty
8.1 LEDPLANET.NL does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without however affecting the rights of the purchaser arising from mandatory statutory provisions.
8.2 LEDPLANET.NL is never responsible for the ultimate suitability of the items for each individual application by the purchaser, nor for any advice regarding the use or application of the items.
8.3 The purchaser is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the purchaser must (before returning it to LEDPLANET.NL) immediately report these defects in writing to LEDPLANET.NL. Any defects or incorrectly delivered goods must and can be reported in writing to LEDPLANET.NL no later than 14 calendar days after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.
8.4 If complaints from the purchaser are found to be justified by LEDPLANET.NL, LEDPLANET.NL will, at its discretion, either replace the delivered items free of charge or make a written arrangement with the purchaser regarding compensation, provided that the liability of LEDPLANET.NL and therefore the amount of compensation is always limited to a maximum of the invoice amount of the items in question, or (at the discretion of LEDPLANET.NL) to the maximum amount covered by LEDPLANET.NL's liability insurance in the relevant case. Any liability of LEDPLANET.NL for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
8.5 LEDPLANET.NL is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
8.6 This warranty does not apply if: A) and as long as the buyer is in default towards LEDPLANET.NL; B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of LEDPLANET.NL and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;

Article 9. Payment
9.1 Unless otherwise agreed, payment must be made by bank transfer (Ideal) or bank transfer. Payment in installments is not possible.
9.2 After 10 days have passed since the invoice date, the purchaser will be in default by operation of law and from that moment onwards will owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest will apply, whereby part of a month will be counted as a whole month.
9.3 In the event of bankruptcy or suspension of payment of the purchaser or an application thereto, the claims of LEDPLANET.NL and the obligations of the purchaser towards LEDPLANET.NL are immediately due and payable.
9.4 If LEDPLANET.NL has to hand over its claim for collection, the purchaser owes a fixed amount of 15% of the amount owed in extrajudicial collection costs, with a minimum amount of 250 euros.
9.5 If LEDPLANET.NL can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.

Article 10. Retention of title
10.1 The ownership of all items sold and delivered by LEDPLANET.NL to the buyer remains with LEDPLANET.NL as long as the buyer has not paid the claims of LEDPLANET.NL under the agreement or previous or subsequent similar agreements, as long as the buyer has not yet paid the work performed or yet to be performed under this or similar agreements and as long as the buyer has not yet paid the claims of LEDPLANET.NL due to failure to fulfil such obligations, including claims for fines, interest and costs, all as referred to in article 3:92 BW.
10.2 The items delivered by LEDPLANET.NL that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
10.4 The purchaser hereby grants unconditional and irrevocable permission to LEDPLANET.NL or a third party to be appointed by LEDPLANET.NL to enter all places where its properties are located and to take those items with it in all cases in which LEDPLANET.NL wishes to exercise its property rights.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform LEDPLANET.NL thereof as soon as may reasonably be expected.
10.6 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by LEDPLANET.NL upon first request.

Article 11. Privacy
11.1 LEDPLANET.NL respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise stated. This information is not sold, shared or rented by LEDPLANET.NL to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the website of LEDPLANET.NL can be derived, is provided voluntarily by the visitor. This information can be used within LEDPLANET.NL (and all its subsidiaries and brands) with the aim of making visits to our websites as easy and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of LEDPLANET.NL. The purchaser gives explicit permission for this. LEDPLANET.NL is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of that information is necessary to identify, contact or initiate legal proceedings against someone who, intentionally or unintentionally, harms or damages the rights or property of LEDPLANET.NL, other users of its website or others who may suffer damage as a result. LEDPLANET.NL is entitled to release information about users when we believe in good faith that the law requires this.
11.3 LEDPLANET.NL collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor, insofar as this does not require disproportionate effort or costs for LEDPLANET.NL.

Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, full copyright and all other intellectual and industrial property rights relating to the goods or services supplied by LEDPLANET.NL, such as trademark rights, model rights, patent rights, sui generis database rights, etc., shall remain exclusively with LEDPLANET.NL and/or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature of which they become aware during the performance of the agreement.

Article 13. Applicable law
All offers and agreements of LEDPLANET.NL are exclusively subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 14. Disputes
14.1 In the event of complaints, a consumer must first contact the entrepreneur. This can be done via info@ledplanet.nl. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/LEDPLANETNL_2347.html . If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 15. Own risk car LED lighting.
Ordering and mounting LED lights for vehicles is entirely at your own risk. LEDPLANET.NL cannot be held liable if this is in conflict with the law.