Payer

These General Terms and Conditions apply to our entire offer and to every agreement between Scandinavian Lamps and the customer.

Index:

• 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 – Costs in case of withdrawal
• Article 9 – Obligations of the entrepreneur in the event of 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 19 – Amendment of the General Terms and Conditions

Article 1 – Definitions

In these terms and conditions:

• Reflection period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day:calendar day;
• Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that prevents 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;
• Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;
• Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

Article 2 – Identity of the entrepreneur

• Name entrepreneur: ASK & Company
• Trading under the name(s): Scandinavische Lampen
• Business address: Harry Banninklaan 102, 2652 NB Berkel en Rodenrijs, The Netherlands
• Phone number: +31 (0)85 086 8075
• Accessibility:
  From Monday to Friday from 09:00 to 19:00
  From Saturday to Sunday from 10 a.m. to 5 p.m.
• E-mail address: verkoop@scandinavischelampen.nl
• Chamber of Commerce number: 66610400
• VAT number: 856629996B01

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, it will be indicated that 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. .
5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in 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 adapt the offer.
3. 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.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. 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. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
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 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:
   • 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.

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.

Article 8 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he will 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 for returning the product.
6. 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 in the event of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation, after deduction of the delivery costs. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
3. The entrepreneur uses the same means of payment 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. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.

Article 10 – Exclusion right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • Products manufactured 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;
   • which by their nature cannot be returned;

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. The prices stated in the offer of products or services include VAT.
4. The margin scheme applies to all goods, unless otherwise specified.
5. Typing errors and errors in the calculation of the shipping costs reserved.

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, and the reasonable requirements of reliability and/or usability.
2. The entrepreneur only sells original vintage (second hand) items. Considering the age of these items, there may be traces of use.
3. Electronic devices are tested by the entrepreneur and only sold if they are working. However, given the age of the products (often decades old), the entrepreneur cannot give a technical guarantee.
4. Given the age of the electronic devices, they are sold as a collector’s item and not as a device for daily intensive use.
5. The entrepreneur sells the lamps and electronic devices in their original condition, unless stated otherwise, with the original wiring that does not always comply with current regulations. Before use, it is recommended to consult a qualified electrician.
6. The entrepreneur is not responsible for consequential damage due to incorrect use or due to a defect that cannot be foreseen by the entrepreneur.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. 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.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. 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 in a specific 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 conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off 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. 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.

Article 17 – Disputes

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 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.

Article 19 – Amendment of the General Terms and Conditions

Changes to these conditions are only effective after they have been published in an appropriate manner.

ASK & Company
www.scandinavischelampen.nl
Harry Banninklaan 102
2652 NB Berkel en Rodenrijs