To company terms and conditions

Consumer

No 100% in-lite, no 100% service

• i) We pay a lot of attention to the quality of our products and want you to enjoy your lighting without any worries. That is why we give a 5-year guarantee on our luminaires and transformers and other accessories, which is considerably longer than is required by law.
• ii) In the unlikely event that something is not right, you can claim the warranty and service of in-lite through the gardener or dealer where you bought the product. For this it is important that you can show on the basis of the purchase receipt or invoice that your system is composed exclusively of products from in-lite. So keep it well!;
• iii) Better yet, register your purchase on the in-lite website . For this you only have to fill in your details and upload your purchase receipt or invoice. You will then receive an official (digital) guarantee certificate from us. Your details are then known to us, so that we can help you even faster when necessary.

Limits

NB! in-lite only gives a 5-year warranty on fixtures and transformers when used in combination with in-lite cable. The use of non-in-lite components in the system voids the five-year warranty. When purchasing through the gardener or dealer, pay close attention to the following aspects:

• a) Upon purchase and delivery, check whether all components that are used in combination (such as cables) come from in-lite (you can easily check this because all products from in-lite bear the in-lite brand) .
• b) Check that your purchase receipt or invoice states that all components to be used in combination are in-lite branded.
  No rights can be derived from communicated burning hours of LED light sources. Excluded from the in-lite warranty scheme are interchangeable retrofit light sources, the factory warranty of the relevant supplier is used here. In the case of a replacement product, the warranty can only be claimed for the remainder of the current term.

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 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur upon withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions:

1. Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day : calendar day;
5. Digital content : data produced and delivered in digital form;
6. Duration contract : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal : the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur : the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
11. Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions. Appendix I need not be made available if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.

Article 2 - Identity of the entrepreneur

in-lite design BV (statutory name, possibly supplemented with trade name);

Stephensonweg 18
4207 HB Gorinchem
The Netherlands
Telephone number: +31 18 46 88 760 Monday to Friday 8:30 am to 5:00 pm
E-mail address: customerservice@in-lite.nl
Chamber of Commerce number: 24322561
VAT identification number: NL809778993B01

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority.

If the entrepreneur exercises a regulated profession:

• the professional association or organization with which he is affiliated;
• the professional title, the place in the EU or the European Economic Area where it was awarded;
• a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

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 contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • the information about warranties and existing after-sales service;
   • the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
   • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
   • if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

By products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
   if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
   in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:

1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:

1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer shall owe the entrepreneur a an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
   • the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   • prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
   • he has not acknowledged losing his right of withdrawal when giving his consent; or
   • the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   the performance has begun with the express prior consent of the consumer; and
   the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The delivery of digital content other than on a tangible medium, but only if:
    the performance has begun with the express prior consent of the consumer; and
    the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   they are the result of legal regulations or provisions; or
   the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and extra guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 - Delivery and execution

• The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer has made known to the entrepreneur.
• With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
• After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
• The risk of damage 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 14 - Duration transactions: duration, cancellation and renewal

Cancellation:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
3. The consumer can use the agreements referred to in the previous paragraphs:cancel at any time and not be limited to cancellation at a specific time or period;
   at least cancel in the same way as they have been entered into by him;
   always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him.
5. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you want to cancel the agreement)

To: [name of consumer]
[geographical address of consumer ]
[fax number of consumer , if available]
[e-mail address or electronic address of consumer ]

I/We* share(s)* hereby inform you that I/we* our agreement regarding
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the next service: [designation service]*,
revoked/revoked*

Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address consumer(s)]
[Signature consumer(s)] (only if this form is submitted on paper)
[Date]

* Strike out what is not applicable or fill in what is applicable.

Company

Article 1. Applicability: Deviation

1. These terms and conditions apply to all agreements under which In-lite Design BV, hereinafter referred to as “in-lite”, sells and delivers goods to the customer and/or performs repair work for the customer, and also to all quotations and/or offers that lite does to its intended customer with a view to the conclusion of the aforementioned agreements. These terms and conditions also apply to all agreements concluded between in-lite and the customer in the future. In these terms and conditions, “buyer” is understood to mean the buyer, prospective buyer, buyer, prospective buyer, client, prospective client and in general the other party of in-lite.
2. The applicability of any purchase or other conditions of the customer is expressly rejected. Any purchase or other conditions of the customer do not bind in-lite, except and insofar as they have been expressly accepted in writing by in-lite.
3. If in-lite wishes to change the content of these terms and conditions, the changed terms and conditions will apply from the moment that this change has been communicated to the customer in writing (including electronically) unless the customer objects to this within 14 days after notification, in which case in-lite has the right to dissolve the agreement or to withdraw the quotation and/or offer without being liable for damages. In the absence of a dissolution or withdrawal, the agreement or the quotation and/or offer will remain in force under the then applicable amended conditions.

Article 2. Offer: Agreement

1. All quotations and offers from in-lite are entirely without obligation, unless the contrary has been expressly stated in writing. If a quote or offer from in-lite contains an offer without obligation and this offer is accepted by the customer, in-lite has the right to revoke this offer within two working days after being informed of the acceptance by the customer. Unless expressly agreed otherwise, the prices in the quotations and offers of in-lite are valid for 30 days.
2. If and insofar as an invitation from in-lite to make an offer counts as an offer, the provisions of Article 2.1 apply.
3. The agreement between in-lite and the customer is concluded by placing a written (including electronically placed) or verbal (including by telephone) order or assignment with in-lite and the written acceptance of this order then or commissioned by in-lite. The customer accepts these terms and conditions by his written or oral order or provision of the assignment.
4. If no agreement is concluded between in-lite and the customer, in-lite is not liable for any damage suffered by the customer.
5. Offers and/or quotations are based on the information provided by the customer. To the best of its knowledge, the customer provides all information essential for the offer and any agreement to be concluded. The customer bears the risk at all times for providing incorrect or incomplete information to in-lite.
6. Sizes, weights, images, technical data and other information in quotations, catalogues, circulars, advertising material or any other form of information provided by or through in-lite are without obligation and serve only as an illustration. in-lite is not liable for errors in measurements, weights, images, technical data and other information.

Article 3. Prices

1. Sale, delivery and repair of goods take place at the prices and rates applied by in-lite at the time of the conclusion of the agreement. The agreed price is exclusive of VAT and any additional costs.
2. If a “target price” is included in the offer and/or quotation, the stated amount is no more than a non-binding estimate of the costs and is
   not binding on in-lite.
3. If a fixed price has been agreed, this price will only relate to the goods as described in the agreement. Any goods that are
   (should be) delivered in addition to or on amendment of the agreement (by order of or attributable to the customer) will be charged by in-lite in addition to the agreed price.
4. in-lite is in all cases entitled to adjust the agreed price by written notification (including by electronic means) to the customer after the conclusion of the agreement, insofar as there is any change in cost-determining factors.
5. in-lite is not liable for errors in the indication of prices, and the customer cannot derive any rights from errors in the indication of prices.
6. If the total price (excluding VAT) and/or additional costs of the goods to be delivered do not exceed the minimum order size that in-lite applies, in-lite is entitled to charge the customer an amount of EUR 30 excluding VAT
   for shipping and administration costs. unless the shipping costs actually incurred by in-lite exceed the aforementioned amount of EUR 30, in which case in-lite is entitled to charge the customer for the shipping costs actually incurred.
7. in-lite uses fixed order units. In the case of deviating order units, in-lite is entitled to charge an additional amount of EUR 3.00 per item type.

Article 4. Payments

1. Unless otherwise agreed, all payments must be made within 30 days of the invoice date without deduction of any discount or set-off in the manner indicated by in-lite and into a bank account to be designated by in-lite. If the customer does not pay any amount owed by him in accordance with the foregoing, he will be in default without notice of default. From the day on which the customer is in default, the customer owes in-lite default interest of 1.5% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the customer is in default until the moment of payment of the full amount due.
2. In the absence of timely and/or full payment, the customer is, on request, obliged to make payment of goods or rights, whereby the valuation
   will be binding by inlite. The Customer gives permission for this in advance by accepting these terms and conditions.
3. The Customer is not entitled to suspension or set-off, nor is it entitled to apply any discounts. in-lite has the right to offset what it has and/or will have to claim from the customer whether or not conditionally and/or reasonably foreseeable, against what it owes the customer. In the absence of timely and/or full payment, in-lite also has the right to suspend further performance of the present or other agreements. The provisions of this paragraph apply without prejudice to the obligation of the customer to still comply and, if in-lite demands this from the customer, to compensate in-lite for the damage suffered by in-lite.
4. Rights are only granted to the customer on the condition that the customer has fulfilled its obligations towards in-lite under the agreement.
5. If in-lite proceeds to extrajudicial collection (this also includes collection) in connection with the non-payment, incomplete and/or late payment of the amount due by the customer, the customer is obliged to pay full compensation for the associated costs, the amount of which is set at a minimum of 15% of the total amount due plus administration costs amounting to EUR 75, to be increased by any sales tax, without prejudice to the legal options of in-lite.
6. Payments made by the customer first serve to pay all interest and costs owed and only then to pay the oldest outstanding and due and payable invoices, irrespective of any other statement by the customer.

Article 5. Security

1. If requested by in-lite, the customer is obliged to provide business and/or personal security for all that the customer owes or will owe to in-lite (for whatever reason). The Customer gives permission for this in advance by accepting these terms and conditions.
2. In the event of non-, non-complete or late payment of its (financial) obligations towards in-lite, the customer is obliged to inform in-lite to the satisfaction of in-lite about its financial situation, supported by documents, or to provide other information requested by in-lite. . The related costs are for the account of the customer.
3. All deliveries of goods by in-lite to the customer are subject to retention of title and right of pledge as referred to below.
4. All goods delivered to the customer remain the property of in-lite until the customer has fulfilled all considerations.
5. Under the suspensive condition of the loss and/or invalidity of the retention of title referred to in the previous paragraph, in-lite also reserves a pledge on all goods to be delivered to the customer upon delivery as security for payment of all current and future debts of the customer to in-lite. The customer now pledges in advance to in-lite everything that in-lite has and/or will have in its possession from the customer to insure the debts of the customer to in-lite referred to in the previous sentence. If buyers' rights are conditional, pledging will take place under the same conditions. Pledge is presumed to be vested unconditionally. The Customer hereby gives in-lite an irrevocable power of attorney to do everything for further written recording,
6. If the customer is in default under the agreement concluded with in-lite and/or these terms and conditions, in-lite is entitled to retrieve the goods in its ownership or security from the place where they are located. The customer now irrevocably grants permission to enter the space(s) used by the customer for this purpose. The customer guarantees that in-lite is entitled to enter areas of third parties if these areas are used for the benefit of the customer. All costs associated with this are for the account of the customer.

Article 6. Delivery of goods

1. All (delivery) periods stated by in-lite have been determined to the best of its knowledge on the basis of the information known to in-lite when the agreement was entered into. These terms will be observed as much as possible. The customer cannot derive any right or claim whatsoever from exceeding these terms, nor does the customer have the right to suspension, discount and/or settlement. The terms indicated by in-lite are not fatal and exceeding them does not mean that in-lite is in default, this is no different in the event that the customer declares in-lite to be in default in spite of this article. in-lite is not bound by the (delivery) periods stated by it if these can no longer be met due to circumstances beyond its control that occurred after entering into the agreement. In such a case, the (delivery) terms are deemed to have been extended by the period that the circumstances referred to in the previous sentence continue. If any (delivery) terms threaten to be exceeded, in-lite and the customer will consult as soon as possible.
2. Irrespective of the provisions of the previous paragraph, the customer is entitled to terminate the agreement if in-lite exceeds the (delivery) terms by more than 90 days if and insofar as the customer has given in-lite a reasonable period of at least 21 days in writing in-lite can still fulfill.
3. Deliveries within the Netherlands will take place free domicile. Unless stipulated otherwise, in-lite will arrange for transport insurance and packaging, with due observance of
   Article 3. The mode of transport will be determined by in-lite.
4. The goods sold and to be delivered to the customer are at the expense and risk of the customer if in-lite has actually made the goods available to the customer or to a third party to be indicated in writing by the customer, or if in-lite has stated that the goods are held by in-lite for the benefit of the customer by in-lite
   or by a third party engaged by in-lite.

Article 7. Termination

1. Without prejudice to the provisions of Article 6.2, the customer is only entitled to dissolve the agreement due to non-performance if in-lite has received a proper and as detailed as possible written notice of default, whereby a reasonable period of at least 21 days is set for clearing the shortcoming, imputably fails in the fulfillment of essential obligations under the agreement. The customer does not have the above right as well as other rights under these terms and conditions or otherwise if and insofar as the customer has not fulfilled its obligations towards in-lite to any extent.
2. in-lite can terminate the agreement in whole or in part without notice of default and without judicial intervention by written notification with immediate effect if the customer or its company:
   • (temporary or otherwise) suspension of payment is granted;
   • is declared bankrupt;
   • enters into an arrangement with two or more creditors;
   • is dissolved, liquidated or otherwise terminated;
   • is affected by a seizure;
   • ondanks schriftelijke ingebrekestelling, waarbij een termijn van ten minste zeven dagen is gesteld voor zuivering van de tekortkoming, op enige wijze geheel of gedeeltelijk tekort schiet in de nakoming van zijn verplichtingen (welke ook uit een nalaten kan bestaan) jegens in-lite uit welke hoofde dan ook in-lite zal wegens deze beëindiging nimmer tot enige schadevergoeding zijn gehouden. In geval van beëindiging van de overeenkomst door in-lite worden alle vorderingen van in-lite jegens afnemer direct opeisbaar.
3. If the customer fails to fulfill its obligations (which may also consist of an omission) towards in-lite, for whatever reason, or does not do so on time or in full, and if in-lite has reasonable grounds to doubt the fulfillment of any obligation by the customer, in-lite immediately suspend the performance of the agreement and demand additional securities.
4. If the customer has already received services for the implementation of the agreement at the time of the dissolution as referred to in this article, these services and the related payment obligation will not be subject to cancellation unless in-lite is in default with regard to those services. Amounts that in-lite has invoiced before the dissolution in connection with what it has already performed or delivered for the implementation of the agreement remain due in full with due observance of the provisions of the previous sentence and become immediately due and payable at the time of dissolution.
5. The customer hereby grants in-lite an irrevocable power of attorney to do all that is necessary for the fulfillment of the customer's obligations towards in-lite.
6. in-lite is at all times entitled to suspend and set off obligations towards the customer if the latter does not, not fully or not timely fulfill its obligations towards in-lite and in the event that in-lite has valid reasons to fail to fulfill any doubting the customer.

Article 8. Force majeure: no shortcoming

1. in-lite is not obliged to fulfill any obligation if it is prevented from doing so as a result of circumstances not attributable to in-lite and/or third parties engaged by it, including business blockades, strikes, sting or punctuality actions (also due to comparable circumstances at third parties that hinder in-lite) and exclusion, delayed provision to in-lite of parts, items or services ordered from third parties, illness of employees, accidents and business interruptions.
2. If the force majeure situation has lasted longer than 90 days, in-lite has the right to terminate the agreement by written dissolution without being obliged to pay compensation for damage and costs. What has already been performed under the agreement will then be settled pro rata without the parties owing each other anything else.

Article 9. Guarantees: research and complaints

1. The goods to be delivered by in-lite meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use.
2. A warranty period of five years after delivery applies to the goods to be delivered.
3. Replaceable retrofit LED, incandescent and/or halogen lamps, maintenance products, tools and promotional and presentation materials are not covered by the warranty.
4. No warranty claim exists in the event of minor deviations from the desired properties, insofar as these are not relevant to the value and functionality of the goods, or in the event of damage in general as a result of abnormal environmental factors, improper operating conditions or contact with substances. to which the goods are not resistant.
5. There is also no claim under warranty if the defects in the goods can be traced back to incorrect use, faulty maintenance or non-compliance with the instructions for use or assembly. Any form of guarantee is void if repairs or interventions are carried out by persons not authorized by in-lite or if the goods are fitted with spare parts, extensions or accessories other than original parts marketed by in-lite and defects, defects and/or damage arise as a result. A causal relationship between defects, defects and/or damage and the use of other than original in-lite parts is assumed, unless the customer can conclusively demonstrate that these have arisen from another cause.
6. The warranty period is not extended by repair or replacement delivery.
7. The customer is obliged to inspect the delivered goods (or have them inspected) immediately at the moment that the delivered good is made available to him. In doing so, the customer should investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed on in this regard. Any visible defects must be reported to in-lite in writing (including electronically) within 2 working days after delivery. Any non-visible defects must be reported to in-lite in writing (including electronically) immediately, but in any case no later than within 2 working days after discovery. The report must contain a description of the defect that is as detailed as possible so that in-lite is able to respond adequately.
8. If the customer complains in time, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for the other ordered goods.
9. If a defect is reported later, the customer will no longer be entitled to repair, replacement or compensation.
10. If it is established that a delivered good is defective and a complaint has been lodged in this respect in time, then in-lite will replace the defective good within a reasonable period of time after receipt thereof, at the option of in-lite, or arrange for its repair or pay replacement compensation to the customer. In the event of replacement, the customer is obliged to return the replacement item to in-lite and to transfer ownership thereof to in-lite, unless in-lite indicates otherwise.
11. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the customer
    .
12. If it appears that goods have been returned unjustly, in-lite has the right to charge the administration and research costs of EUR 15.00 / per product, as well as all shipping costs.
13. Unless otherwise agreed, stocks will not be returned. Should inlite decide to take stock back, the goods must be salable, complete and undamaged. Shipping costs, administration costs of EUR 30 and depreciation costs of 1/3 per year are for the account of the customer.

Article 10. Liability: indemnification

1. Although the utmost care has been taken with regard to the goods and work delivered by in-lite, no guarantee can be given for the presence of any errors or omissions, subject to the application of Article 9. in-lite will in no way be liable for any errors or omissions or for the use of the goods by the customer. in-lite therefore only accepts an obligation to pay compensation insofar as this appears from this article. Apart from the provisions of this article, in-lite is not liable for any reason whatsoever.
2. The total liability of in-lite due to attributable shortcoming in the obligation to deliver any performance is limited to compensation for direct damage up to an amount equal to the price stipulated for that performance and actually received (excluding taxes and costs not mentioned in the agreement). .
   Direct damage is exclusively understood to mean:
   • the reasonable costs incurred by the customer to have the performance of in-lite comply with the concluded agreement;
   • the reasonable costs incurred by the customer to determine the cause and extent of the damage insofar as the determination relates to direct damage within the meaning of this article;
   • the reasonable costs incurred by the customer to prevent or limit damage insofar as the customer demonstrates that these costs have led to limitation of direct damage within the meaning of this article.
3. The total liability of in-lite for damage due to death or physical injury or for material damage to goods will under no circumstances exceed the amount actually paid out under the insurance of in-lite, unless the customer has an appeal under Article 185 to 193 book 6 Civil Code
4. In-lite's liability for indirect damage, including consequential damage, lost profit, lost savings, damage due to business interruption and any other damage than that referred to in paragraphs 2 and 3 of this article is excluded.
5. in-lite is furthermore not liable for damage suffered by the customer or any third party of any nature and from any cause whatsoever that is the result of incorrect and/or incompetent use by the customer or any third party of products supplied or made available by in-lite. goods made available or work performed.
6. The customer can only invoke the consequences of an attributable shortcoming of an agreement concluded with in-lite after the customer has properly given notice of default in writing and in-lite also after providing the reasonable period of at least 21 days to lapse the right. keeps firing. The notice of default must, on expiry of the right, contain as detailed a description as possible of the shortcoming in order to enable in-lite to respond adequately.
7. A condition for the existence of any right to compensation is always that the customer reports the damage to in-lite in writing as soon as possible after it has arisen, but no later than within 2 weeks after the (reasonable) discovery of the damage.
8. A series of related damage-causing events counts as one event for the purposes of this article.
9. The customer hereby indemnifies in-lite against all claims from third parties with regard to goods delivered or work performed by in-lite, unless it has been established by law that these claims are a direct result of gross negligence or intent on the part of in-lite and moreover, the customer demonstrates that he is not at fault in this respect.

Article 11. Other

1. If any provision of the agreement, including these terms and conditions, is null and void, is nullified or is regarded (in law) as unreasonably onerous, the other provisions of the agreement will remain in full force. in-lite and the customer enter into consultation in order to agree on new provisions to replace the null and void or unreasonably onerous provisions, taking into account as much as possible the purpose and purport of the null and unreasonably onerous provision.
2. In-lite is permitted to engage third parties in the performance of the agreement(s) concluded with the customer. Unless expressly agreed otherwise in writing, third parties vis-à-vis the customer are authorized to invoke these terms and conditions. Section 7:404 of the Dutch Civil Code is expressly excluded.
3. All costs incurred by in-lite to maintain or exercise rights towards the customer under the agreement concluded with the customer and/or these terms and conditions, both in and out of court, are at the expense of the customer.
4. All notifications in the context of compliance with the agreement(s) concluded between in-lite and the customer and these terms and conditions will be deemed to have been given properly if they are sent by letter or e-mail to the party for whom they are intended. the address where it is established according to the entry in the trade register or its last known address.
5. in-lite is entitled to transfer its rights and/or obligations under the agreement(s) concluded with the customer to third parties, including subsidiaries and/or group companies as referred to in Article 2:24a and 2:24b of the Dutch Civil Code or to legal successors, by which transfer in-lite will be released from its obligations towards the customer and whereby the acquiring party will respect the existing rights and/or obligations with the customer. The Customer now already gives permission for this transfer and is obliged to provide all (actual) cooperation deemed necessary by in-lite for the said transfer at the first request of in-lite.
6. Without the prior written consent of in-lite, the customer is not allowed to exercise its rights and/or obligations under the agreement concluded with in-lite (and any resulting agreements between in-lite and the customer) and/or these terms and conditions and/or non-contractual rights. and oblige to transfer to third parties or encumber rights in favor of third parties with a limited right (or otherwise).

Article 12. Applicable law and disputes

1. Dutch law applies exclusively to all legal relationships to which in-lite is a party. The applicability of the Vienna Sales Convention is excluded. The court in Rotterdam has exclusive jurisdiction to hear disputes unless the law prescribes otherwise. Nevertheless, in-lite has the right to submit the dispute to the competent court according to the law.