General conditions

 

Article 1 Applicability 

1.1 In these terms and conditions, the following definitions shall apply:

• ✅ "LED'SMOVE": a trademark of WCMK b.v. located in Horst and registered in the trade register under number 80867677 or its affiliates;
• ✅ "product" or "products" means the products offered or supplied by LED'SMOVE for sports products and accessories and/or other items;
• ✅ "service" or "services" means services provided by LED'SMOVE, including the designs for webcam covers in business orders;
• ✅ "Customer" means the (potential) buyer of LED'SMOVE's products and/or services;
• ✅ "consumer" means a customer not acting in the course of a profession or business;
• ✅ "business customer" means a customer acting in the course of a profession or business.

1.2 These terms and conditions apply to all offers made by LED'SMOVE and to all agreements concluded with LED'SMOVE as well as the execution thereof.

1.3 These terms and conditions apply to the exclusion of any terms and conditions applied by the (potential) client.

Article 2 Offers, orders and agreements

2.1 All offers made by LED'SMOVE are without obligation. Orders and acceptances of offers by the customer are irrevocable.

2.2 An agreement between LED'SMOVE and the client is concluded after the client has provided all the information requested by LED'SMOVE and LED'SMOVE has confirmed the order in writing or has begun execution.

2.3 Verbal promises or agreements by or with its personnel do not bind LED'SMOVE only if they have been confirmed in writing by an employee authorized to represent it.

2.4 Inaccuracies in LED'SMOVE's order confirmation must be reported to LED'SMOVE in writing within 5 days from the date of the order confirmation, failing which the order confirmation shall be deemed to reflect the agreement accurately and completely and the client shall be bound by it.

Article 3 Information and conformity

3.1 If the products ordered by the customer are intended to be used outside the Netherlands, the customer must ensure that the products and the associated packaging, manuals, etc. comply with all regulations imposed on them in the country of destination. The use of the products and compliance with government regulations is at the customer's risk.

Article 4 Intellectual property

4.1 All intellectual and industrial property rights relating to the products and their design, and to anything that LED'SMOVE develops, manufactures or provides, including manuals, packaging, catalogs and images, belong to LED'SMOVE.

4.2 The customer is not allowed to remove or change any indication concerning patents, copyrights, brands, trade names or other rights of intellectual or industrial property from the products. The customer is prohibited from using trademarks, logos and/or images of the products in or for the purpose of advertising products of third parties.

4.3 The customer may only offer, sell and deliver the products under the brand, logo and packaging assigned to the products by LED'SMOVE or its supplier.

4.4 The intellectual property rights relating to LED'SMOVE's website(s), its design and the descriptions, images, photographs, video clips and other information contained on LED'SMOVE's website(s), in any form whatsoever, belong to or have been licensed to LED'SMOVE or a company affiliated with LED'SMOVE, and may not be used without LED'SMOVE's permission.

Article 5 Prizes

5.1 The (purchase) price and additional costs owed by the client for transport, VAT, (warranty) insurance and any other costs or surcharges will be clearly stated in LED'SMOVE's order confirmation and invoice.

5.2 The prices listed on LED'SMOVE's website are without obligation and are subject to change.

Article 6 Delivery

6.1 Stated delivery times commence as soon as LED'SMOVE has received the purchase price and any additional costs owed by the client in its bank account. Delivery times are not to be considered as deadlines. Exceeding a delivery time does not oblige LED'SMOVE to pay compensation and does not give the client the right not to fulfill or to suspend his obligations under the agreement.

6.2 In addition to the possibility mentioned in article 12 below, a consumer is entitled to dissolve the agreement if and to the extent that LED'SMOVE has not executed the agreement within 30 days after the initially stated or agreed delivery time. In this case, LED'SMOVE shall not be liable for compensation.

6.3 The delivery time is based on the working conditions prevailing at the time of the conclusion of the agreement and on the timely delivery of the items required for the fulfillment of the agreement by LED'SMOVE. If delays arise as a result of a change in working conditions and/or the late delivery of items required by LED'SMOVE, the delivery period shall be extended as far as necessary.

6.4 Unless the parties have expressly agreed otherwise, delivery shall take place Ex Works (Incoterms 2010). LED'SMOVE will arrange transport to the customer. 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.

6.5 The customer is obliged to take delivery of the products immediately upon arrival at their destination. At the time of delivery, the risk passes to the customer.

6.6 Should a product ordered by the client not be available (anymore) or at least not within a reasonable period of time, LED'SMOVE will, if reasonably possible, supply a product equivalent to the product ordered at the same price.

6.7 If the client does not accept the products or does not come to collect them or have them collected, they will be stored at the expense and risk of the client for as long as LED'SMOVE deems appropriate. In this case, LED'SMOVE has the authority at all times to either demand compliance with the agreement or to terminate the agreement (out of court), without prejudice to its rights to compensation for the damage suffered and the loss of profit, including the costs of storage.

6.8 LED'SMOVE is not obliged to honor a request from the client for re-delivery or subsequent delivery. If LED'SMOVE nevertheless proceeds to do so, the related costs shall be borne by the client.

6.9 LED'SMOVE is authorized to execute an agreement in parts and to demand payment for that part of the agreement that has been executed.

6.10 Delivery of spare parts shall, unless otherwise agreed in writing, always be made cash on delivery.

Article 7 Force Majeure

7.1 If LED'SMOVE is prevented from fulfilling the agreement due to force majeure, it shall be entitled to suspend the execution of the agreement and consequently can no longer be held to any delivery time. In this case, the client is not entitled to compensation for damages, costs or interest.

7.2 Force majeure includes: war, danger of war, strikes, fire, flooding, accident or illness of personnel, business interruption, transport stagnation, interfering legal provisions, import/export restrictions, problems unforeseen by LED'SMOVE in production or transport and any other circumstance that does not depend exclusively on the will of LED'SMOVE, such as the non-delivery or late delivery of items or services by third parties engaged by LED'SMOVE.

7.3 If there is a situation of force majeure, LED'SMOVE is authorized to dissolve the agreement for the part that cannot be executed by means of a written statement. If the force majeure situation lasts longer than 6 weeks, the client is also authorized to dissolve the agreement for the part that is not feasible by means of a written statement.

7.4 If, when the force majeure situation arises, LED'SMOVE has already partially fulfilled its obligations or can only partially fulfill its obligations, it shall be entitled to invoice the part already delivered or the deliverable part separately and the client shall be obliged to pay this invoice as if it were a separate agreement.

Article 8 Warranty and advertising

8.1 LED'SMOVE guarantees the soundness of the products and services provided in accordance with what the client may reasonably expect on the basis of the agreement, and in accordance with the terms of the manufacturer's warranty accompanying the product. If, nevertheless, defects occur in a product delivered by LED'SMOVE as a result of manufacturing and/or material defects, it shall repair (or have repaired) or replace all or part of the product in accordance with the terms of the manufacturer's warranty.

8.2 The warranty is valid during the period of the manufacturer's warranty applicable to the product and only upon presentation of the original invoice from LED'SMOVE.

8.3 In any case, the guarantee does not cover defects occurring in or (partly) as a result of normal wear and tear, failure to observe the instructions in the manual, improper use, repair or other work by third parties or by the client without LED'SMOVE's prior written consent. LED'SMOVE is not liable for (damage resulting from) these defects.

8.4 The customer must carefully inspect the delivered products immediately upon receipt. Any complaint regarding the quantity of products delivered and transport damage must be noted on the waybill or delivery note upon delivery, failing which the waybill or delivery note shall provide compelling evidence against the business customer that the correct quantity of products have been received and that these products have been received free of transport damage.

8.5 The business customer must submit any complaints about the products or services to LED'SMOVE within a reasonable time after discovery. Competent time means a period of 30 days after the customer discovered or reasonably should have discovered the defect. Failure to complain in a timely manner leads to the loss of rights to repair, dissolution and/or (damage) compensation.

8.6 If the client complains, he is obliged to give LED'SMOVE the opportunity to carry out an inspection to determine the shortcoming. The client is obliged to keep the products about which a complaint has been made available to LED'SMOVE, on pain of forfeiting any right of complaint and/or replacement.

8.7 Return of sold products to LED'SMOVE, for whatever reason, can only take place after prior written notification by LED'SMOVE, specifying the return number assigned by LED'SMOVE and only on the basis of a return request in accordance with the return procedure described on the LED'SMOVE website. When requesting a return, the customer must provide all the information described in the return procedure. LED'SMOVE reserves the right not to honor return requests. Shipping or transportation and all associated costs are the responsibility of the customer. The products remain at the customer's risk at all times. LED'SMOVE will reimburse the transportation or shipping costs it has approved if it is determined that there has been an attributable failure on the part of LED'SMOVE.

8.8 The client must notify LED'SMOVE in writing of any inaccuracies in LED'SMOVE's invoices within 5 days of the invoice date, failing which the client shall be deemed to have approved the invoice.

8.9 Claims do not suspend the payment obligations of the business customer.

8.10 After discovering a defect in a product, the customer is obliged to do everything to prevent or limit damage, expressly including any immediate cessation of use and trading.

8.11 These warranty provisions apply to the consumer in addition to the consumer's rights under the law and if and to the extent that they may be deviated from.

8.12 Separate repair terms and conditions apply to repairs. Insofar as LED'SMOVE does not apply these, LED'SMOVE reserves the right to demand full payment of the repair costs prior to the delivery of the repair goods.

Article 9 Liability

9.1 The following liability provisions apply to business customers and, to the extent permitted by law, also to consumers.

9.2 Apart from the provisions of Article 8, the client has no claims against LED'SMOVE for defects in or relating to the products or services provided by LED'SMOVE.

9.3 All advice given or statements made on the LED'SMOVE website(s) about, among other things, the characteristics of products or services to be supplied by LED'SMOVE are entirely free of obligation and are given without any guarantee. LED'SMOVE is not liable for any direct or indirect damage resulting from the provision of information and/or advice.

9.4 LED'SMOVE's liability for damages resulting from an attributable failure to perform the agreement, tort or otherwise, is excluded to the extent permitted by mandatory law.

9.5 In the event that LED'SMOVE is liable for damages based on a mandatory provision of law, LED'SMOVE's liability per event (a series of consecutive events is considered one event) shall be limited to the amount paid out under LED'SMOVE's liability insurance policy in the case in question.

9.6 If, for whatever reason, no payment is made under the insurance policy referred to in the previous paragraph, LED'SMOVE's liability shall be limited to the invoice value (excluding VAT) of the products or services provided in connection with

with which damage has been caused. In all cases, LED'SMOVE's liability is limited to compensation for direct damage up to an amount of €1,000. Direct damage means exclusively:

• ✅ material damage to property;
• ✅ reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
• ✅ reasonable costs incurred in determining the cause of damage.

9.7 LED'SMOVE's liability for indirect damages is excluded in all cases. Indirect damages are any damages that are not direct damages as defined in the preceding paragraph, and include but are not limited to consequential damages, loss of profits, loss of business, loss of anticipated savings, loss of information, or any other financial loss or loss of goodwill or reputation.

9.8 The exclusions and limitations of this article will only not apply if and insofar as the damage was caused by intentional or deliberate recklessness of LED'SMOVE and/or its management.

9.9 Unless fulfillment of the agreement by LED'SMOVE is permanently impossible, LED'SMOVE's liability due to an attributable failure in the fulfillment of the agreement shall only arise if the client immediately gives LED'SMOVE notice of default in writing, setting a reasonable time limit for remedying the failure, and LED'SMOVE continues to fail imputably in the fulfillment of its obligations even after that time limit. The notice of default must contain a description of the shortcomings that is as complete and detailed as possible, so that LED'SMOVE is given the opportunity to respond adequately.

9.10 Any claim for compensation from Customer that is not specified and explicitly reported by Customer shall lapse within a period of twelve (12) months after the claim arises. This does not affect the customer's obligation to complain.

9.11 These liability provisions apply to the consumer in addition to the consumer's rights under the law and if and to the extent that they may be derogated from.

Article 10 Retention of title

10.1 To the extent permitted by law, LED'SMOVE reserves ownership of the products delivered and to be delivered until its claims in respect of the products delivered and to be delivered have been paid in full by the client, including claims for failure to fulfill one or more agreements.

10.2 If the business customer defaults on his obligations, LED'SMOVE shall be entitled to recover (or have recovered) the products belonging to it from the place where they are located, at the expense of the customer.

10.3 The business customer is not entitled to pledge or transfer ownership of unpaid products other than in the ordinary course of business. This clause excludes the transferability of the customer's rights of action as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

10.4 The business customer is obliged to keep the products delivered under retention of title with due care and as the recognizable property of LED'SMOVE.

10.5 The business customer does not have a right of retention against LED'SMOVE on the products delivered by LED'SMOVE.

Article 11 Payment

11.1 Unless otherwise agreed in writing, payment for the products must be made before delivery and only in the manner specified by LED'SMOVE.

11.2 LED'SMOVE is at all times entitled to demand full or partial prepayment and/or otherwise obtain security for payment from the business customer.

11.3 For business customers, if payment is not received on time, the customer shall be liable to pay interest on the invoice amount at an equal rate of 1% per month from the due date to the date of payment without further notice of default.

11.4 All costs associated with collection shall be borne by the business customer. For the business customer, the extrajudicial collection costs will be at least 15% of the amount to be collected with a minimum of EUR 250. For the consumer, the extrajudicial collection costs will be calculated in accordance with the Besluit Vergoeding van Buitengerechtelijke Incassokosten (BIK).

11.5 The business customer waives any right of set-off of mutually owed amounts.

11.6 Payments in the webshop are handled by payment service provider Mollie. Your data will be shared with Mollie only for payment purposes.

11.7 The entire invoice amount is immediately due and payable in full if an agreed term is not paid punctually on the due date, as well as if the Customer becomes bankrupt, applies for (provisional) suspension of payments, is declared subject to the statutory debt repayment arrangement (WSNP), or if his receivership is applied for, if any attachment is levied on the Customer's goods and/or claims, goes into liquidation or is dissolved. If one of the above situations occurs, the client is obliged to inform LED'SMOVE immediately.

11.8 Payments made by the customer shall first be applied to the costs due, then to the interest due and then to the claims that have been outstanding the longest, even if the customer states that the payment relates to another claim and/or later invoice.

Article 12 Cancellation and reflection period[PM1]

12.1 A business customer may not cancel the purchase of products. If a business customer nevertheless cancels a sale, he shall be obliged to compensate LED'SMOVE for all costs reasonably incurred in view of the execution of the agreement, the loss of profit and other damages incurred by LED'SMOVE, plus VAT. The loss of profit is set at least 20% of the agreed sales price.

12.2 A consumer may dissolve the agreement concluded with LED'SMOVE without giving reasons within 30 days of receiving the products. The said cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:

• ✅ if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. LED'SMOVE may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple 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, received the last shipment or part;
• ✅ for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.

12.3 If the consumer makes use of this cancellation option, they must notify LED'SMOVE in accordance with the procedure described on the LED'SMOVE website and by means of the appropriate model form. After reporting the return, the consumer has 30 days to return the product.

12.4 The purchase price paid by the consumer will be refunded to the consumer within 14 days after the cancellation and receipt of the products, minus any depreciation if the customer returns the product broken or damaged. LED'SMOVE is not responsible for the processing times used by banks in handling refunds.

12.5 LED'SMOVE is entitled to deduct from the amount to be refunded any depreciation on returned products that are no longer in the condition in which they were delivered to the consumer, i.e. including original packaging, manuals and warranty certificates.

Article 13 Consumer obligations during the cooling-off period

13.1 During the cooling-off period, the customer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to possibly determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

Article 14 Privacy and security

14.1 LED'SMOVE respects the customer's privacy. LED'SMOVE will process the customer's personal data in accordance with the applicable privacy regulations and with the Privacy Statement available on LED'SMOVE's website. The customer consents to this processing of their personal data. To protect the customer's personal data, LED'SMOVE uses appropriate security measures.

Article 15 Laws and regulations

15.1 The Customer warrants that he shall at all times use the delivered products in accordance with the applicable laws and regulations. LED'SMOVE shall never be liable for any damage resulting from the Customer's use of the delivered products in violation of the applicable laws and regulations.

Article 16 Duty to complain

16.1 The buyer is obliged to report complaints about the work performed directly to the seller. The complaint must contain as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately. The customer must submit the complaint by sending an email tosupport@LedsMoveNow.com. Ifthis does not lead to a solution, the customer may report the dispute for mediation via WebwinkelKeur athttps://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.

16.2 As of February 15, 2016, it is also possible for consumers in the EU to file complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere then you are free to file your complaint through the European Union platform.

16.3 If a complaint is well-founded, the seller shall be obliged to repair and possibly replace the good.

Article 17 Final provisions

17.1 The nullity or voidability of any provision of these terms and conditions or of agreements to which these terms and conditions apply shall not affect the validity of the remaining provisions. LED'SMOVE and the client are obliged to replace provisions that are null and void or nullified with valid provisions with as much as possible the same scope as the null and void or nullified provision.

17.2 The place of performance of the agreement is deemed to be the place where LED'SMOVE is located.

17.3 In case of disagreement on the interpretation of these general terms and conditions, the Dutch text shall be binding.

17.4 It is always possible that something does not go quite as planned. We recommend that you first report any complaints to us by emailing support@ledsmovenow.com. If this does not lead to a solution, you can submit your dispute for mediation via WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. 

It is also possible for EU consumers to file complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere, you are free to file your complaint via the European Union platform.

Version September 2024