Terms of service
General terms and conditions Luxury White B.V.
Definitions
Luxury White B.V. : Luxury White B.V. , established in Amstelveen under KvK no. 864052753.
Client : the person with whom Luxury White B.V. has entered into an agreement.
Parties: Luxury White B.V. and client together.
Consumer: a customer who is also an individual acting as a private person.
Applicability of general conditions
These conditions are applicable to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Luxury White B.V. .
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
Prices
All prices used by Luxury White B.V. are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
All prices Luxury White B.V. uses for its products or services, on its website or otherwise made known, Luxury White B.V. can change at any time.
Increases in the cost prices of products or parts thereof, which Luxury White B.V. could not foresee at the time of making the offer or the conclusion of the agreement, can give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of late payment
If the customer does not pay within the agreed period, Luxury White B.V. is entitled to charge the legal interest of 2% per year for non-commercial transactions from the day the customer is in default, whereby a part of a year is counted as a whole year.
If the customer is in default, he shall in addition owe extrajudicial collection costs and possible damages to Luxury White B.V. .
The collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Luxury White B.V. may suspend its obligations until the customer has fulfilled his payment obligation.
In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Luxury White B.V. on the customer are immediately claimable.
If the customer refuses to cooperate in the execution of the agreement by Luxury White B.V. , he is still obliged to pay the agreed price to Luxury White B.V.
Right of withdrawal
A consumer can dissolve an online purchase during a reflection period of 14 days without giving any reason provided that:
the product has not been used
it is not a product that spoils quickly, such as food or flowers
it is not a product that has been customised or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, cosmetics, etc.)
the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a travel, transport ticket, catering order or form of leisure activity
the product is not an individual magazine or newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal
The cooling-off period of 14 days as mentioned in paragraph 1 commences
on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first product of a subscription
as soon as the consumer has received a service for the first time
as soon as the consumer has confirmed that he will purchase digital content via the Internet
The consumer can make his appeal to the right of withdrawal known via info@luxurywhite.nl.
The consumer is obliged to return the product to Luxury White B.V. within 14 days after making his right of withdrawal known, failing which his right of withdrawal lapses.
Reimbursement of delivery costs
If the consumer has made timely use of his right of withdrawal and as a result has timely returned the complete order to Luxury White B.V., Luxury White B.V. will refund any delivery costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.
The costs for delivery are only for the account of Luxury White B.V. as far as the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the full order in a timely manner, the costs of returning the full order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
Luxury White B.V. can appeal to its right of retention and in that case keep products of the customer, until the customer has paid all outstanding bills towards Luxury White B.V., unless the customer has provided sufficient security for those costs.
The lien also applies on the basis of previous agreements from which the customer still owes payments to Luxury White B.V. .
Luxury White B.V. is never liable for any damages which the customer may suffer as a result of the use of its right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Luxury White B.V. against a claim Luxury White B.V. .
Ownership reservation
Luxury White B.V. remains the owner of all delivered products until the customer has completely fulfilled all his payment obligations towards Luxury White B.V. under whatever agreement concluded with Luxury White B.V., including claims for default.
Until that time Luxury White B.V. may invoke its reservation of title and repossess the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Luxury White B.V. invokes its retention of title, the contract is deemed to be dissolved and Luxury White B.V. is entitled to claim damages, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Luxury White B.V., unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the client.
If the agreed amounts are not or not in time paid, Luxury White B.V. has the right to suspend its obligations until the agreed part is still fulfilled.
In case of late payment there is creditor default, with the consequence that the customer cannot hold a delayed delivery against Luxury White B.V..
Delivery time
The delivery times stated by Luxury White B.V. are indicative and when exceeded do not entitle the customer to dissolution or damages, unless parties have expressly agreed otherwise in writing.
The delivery time starts at the moment that the customer has completely completed the (electronic) ordering process and has received an (electronic) confirmation of Luxury White B.V. .
Exceeding the stated delivery time does not give the customer a right to compensation or the right to dissolve the agreement, unless Luxury White B.V. cannot deliver within 14 days after a written reminder to do so or the parties have agreed otherwise in this respect.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise.
Packaging and shipment
If the packaging of a delivered product has been opened or damaged, then the customer has to, before taking delivery of the product, have a note made of this by the forwarding agent or delivery person, failing which Luxury White B.V. cannot be held liable for any damage.
If the customer takes care of the transport of a product himself, he has to report possible visible damages to the product or the packaging to Luxury White B.V. , failing which Luxury White B.V. cannot be held responsible for possible damages.
Retention
If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
Any additional costs resulting from premature or late acceptance of products shall be borne entirely by the customer.
Warranty
The guarantee on products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Exchanges
The exchange of purchased items is only possible if the following conditions are met:
exchanges take place within 7 days of purchase on presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used
Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.
Indemnification
The customer indemnifies Luxury White B.V. against all claims of third parties related to the products and/or services delivered by Luxury White B.V.
Complaints
The customer must examine a product delivered or service rendered by Luxury White B.V. for any shortcomings as soon as possible.
Does a delivered product or rendered service not comply with what the customer could reasonably expect from the agreement, then the customer has to inform Luxury White B.V. as soon as possible, but in any case within 1 month after discovery of the shortcomings.
Consumers should inform Luxury White B.V. at the latest within 2 months after discovery of the shortcomings.
The customer thereby gives as detailed a description as possible of the shortcoming, so that Luxury White B.V. is able to respond adequately.
The client must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this can in any case not lead to Luxury White B.V. being obliged to perform other work than agreed upon.
Notice of default
The client must give notice of default in writing to Luxury White B.V..
It is the responsibility of the client that a notice of default actually reaches Luxury White B.V. (on time).
Joint and several liability of the customer
If Luxury White B.V. enters into an agreement with several clients, each of them is jointly and severally liable for the full amounts they owe to Luxury White B.V. under that agreement.
Liability Luxury White B.V.
Luxury White B.V. is only liable for any damage suffered by the client if and insofar as that damage was caused by intent or deliberate recklessness.
If Luxury White B.V. is liable for any damage, it is only liable for direct damage arising out of or in connection with the performance of an agreement.
Luxury White B.V. is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Luxury White B.V. is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Due date
Any right of the client to compensation of Luxury White B.V. expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of dissolution
The customer is entitled to dissolve the agreement if Luxury White B.V. imputably fails in the fulfilment of its obligations, unless this shortcoming, given its special nature or minor importance, does not justify the dissolution.
If the fulfilment of the obligations by Luxury White B.V. is not permanently or temporarily impossible, then dissolution can only take place after Luxury White B.V. is in default.
Luxury White B.V. is entitled to dissolve the agreement with the customer, if the customer does not fulfil his obligations under the agreement in full or in time, or if Luxury White B.V. has become aware of circumstances which give him good reason to fear that the customer will not be able to fulfil his obligations properly.
Force majeure
In addition to the provisions of article 6:75 of the Civil Code, a shortcoming of Luxury White B.V. in the fulfilment of any obligation towards the customer cannot be attributed to Luxury White B.V. in a situation independent of the will of Luxury White B.V., as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be demanded of Luxury White B.V..
To the force majeure situation mentioned in paragraph 1 are also - but not exclusively - included: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power-, electricity- internet-, computer- and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs as a result of which Luxury White B.V. cannot fulfil 1 or more obligations towards the customer, then those obligations will be suspended until Luxury White B.V. can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the contract in writing in full or in part.
Luxury White B.V. is in a force majeure situation not due any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall timely and in mutual consultation modify the agreement accordingly.
Modification of general conditions
Luxury White B.V. is entitled to amend or supplement these general conditions.
Changes of minor importance can be made at any time.
Major substantive amendments Luxury White B.V. will discuss as much as possible in advance with the client.
Consumers are entitled to terminate the contract in case of a substantial modification of the general conditions.
Transfer of rights
Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of Luxury White B.V. .
This provision counts as a stipulation with property law effect as meant in article 3:83, second paragraph, Civil Code.
Consequences of nullity or voidability
Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
A provision which is void or voidable shall in that case be replaced by a provision which comes closest to what Luxury White B.V. had in mind when drawing up the conditions on that point.
Applicable law and competent court
On every agreement between parties exclusively Dutch law is applicable.
The Dutch judge in the district where Luxury White B.V. is established / practices / has offices is exclusively competent to take cognisance of any disputes between parties, unless the law imperatively prescribes otherwise.
Drafted 6 September 2021
