Terms and conditions

The general terms and conditions as applied by Lichtjes Keramiek are described below.

Article 1: Definitions
Article 2: Identity entrepeneur
Article 3: Applicability
Article 4: The offer
Article 5: The agreement
Article 6: Right of withdrawal
Article 7: Costs in case of withdrawal
Article 8: Exceptions to the right of withdrawal
Article 9: The price
Article 10: Conformity and warranty
Article 11: Delivery and execution
Article 12: Payment
Article 13: Complaints procedure and disputes

Article 1: Definitions
In these conditions the following definitions apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calenderday;
  4. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  5. Entrepeneur: the option for the consumer to cancel the distance contract within the cooling-off period;
  6. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  7. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  8. Terms and Conditionsthe present General Terms and Conditions of the entrepreneur.

Article 2: Identity of the entrepeneur

Lichtjes Keramiek (falls under the statutory name “Het Ezelsoortje”)
Inge Besteman

Business address:
Staartmolen 29
1723 CP Noord-Scharwoude

Emailadress: info@lichtjeskeramiek.nl
KvK-number: 58854428
Btw-identificationnumber: NL002063346B27

Article 3: Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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 electronically. It will be indicated where it can be found.
  3. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.
  4. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  5. Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4: The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
    • available sizes and colors.

Article 5: The agreement

  1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
  2. The entrepreneur confirms receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. The entrepreneur will take appropriate security measures for electronic payment.
  4. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6: Right of withdrawal

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. Tijdens de bedenktijd zal de consument zorgvuldig omgaan met het product en de verpakking. Hij zal het product slechts in die mate uitpakken of gebruiken voor zover dat nodig is om te kunnen beoordelen of hij het product wenst te behouden. Indien hij van zijn herroepingsrecht gebruik maakt, zal hij het product met alle geleverde toebehoren en – indien redelijkerwijze mogelijk – in de originele staat en verpakking aan de ondernemer retourneren, conform de door de ondernemer verstrekte redelijke en duidelijke instructies.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7: Costs in case of withdrawalRight of withdrawal

  1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 8: Exclusion of 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 before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • die op aanvraag  gemaakt zijn.

Article 9: 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. The prices stated in the range of products include VAT.
  3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10: Conformity and warranty

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.
  3. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  4. No warranty applies to the products offered. Ceramics are fragile and must be handled with care. You can assume that it is suitable for the use as indicated on the site. If there is a problem, please contact us info@lichtjeskeramiek.nl

Article 11: Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Taking into account what is stated in paragraph 5 of this article, the company will execute accepted orders expeditiously, but no later than within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 14 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
  4. In the case of orders “made to order”, the delivery time is a maximum of 6 weeks.
  5. All delivery times are indicative. The consumer cannot derive any rights from any stated periods.
  6. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
  7. If delivery of an ordered product proves to be impossible, the entrepreneur will make a replacement item available in consultation with the consumer.
  8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
  9. If an incorrect address is entered when ordering, the potential extra costs are for the buyer.

Article 12: Payment

  1. Payment is always made in advance by electronic payment via iDeal (NL) or Bancontact (BE) or PayPal (all other countries).
  2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

Article 13: Complaints procedure and disputes

  1. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  3. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace the delivered products free of charge.
  6. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  7. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
  8. The Vienna Sales Convention does not apply.