Terms and Conditions
Terms and Conditions
This website is operated by Luxere.nl. Throughout the site, the terms "we", "us", "our" and "entrepreneur" refer to Luxere.nl. Luxere.nl offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 - DEFINITIONS
Reflection Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Date: 01-05-2023
Long-term Transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of Distance Communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Company Name: Luxere.nl
Chamber of Commerce Number: 90079507
Trade Name: Luxere.nl
VAT Number: NL004786377B89
Customer Service Email: support@luxere.nl
Business Address:
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
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the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk.
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any shipping costs;
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the way in which the agreement will be concluded and which actions are necessary for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and execution of the agreement;
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the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
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whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
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the way in which the consumer can check and, if desired, correct the information provided before concluding the agreement;
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any other languages besides Dutch in which the agreement can be concluded;
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the codes of conduct to which the entrepreneur has committed and how the consumer can consult these electronically;
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the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, types of materials.
ARTICLE 5 - THE AGREEMENT
The agreement is concluded when the consumer accepts the offer and meets the corresponding conditions.
If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may verify whether the consumer can meet their payment obligations and may also examine relevant facts and factors. If the entrepreneur has valid grounds to refuse the agreement, they may reject the order or attach special conditions to its fulfillment.
The entrepreneur shall send the following information to the consumer in a durable manner:
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the physical address where complaints can be submitted;
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the conditions under which and the way in which the right of withdrawal can be exercised;
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warranty and after-sales service information;
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the terms from article 4(3) unless already provided;
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the conditions for terminating the agreement, if it has a duration longer than one year.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The consumer has the right to withdraw from the agreement within 90 days without giving any reason. This period starts on the day the consumer receives the product.
During this period, the consumer shall handle the product and packaging with care. If exercising the right of withdrawal, the consumer shall return the product with all supplied accessories in original condition and packaging.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 90 days of receipt. After this notification, the product must be returned within 14 days. Proof of timely return (e.g., shipping receipt) is required.
If no withdrawal is communicated within the period, or the product is not returned on time, the purchase is considered final.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer withdraws, they are responsible for return shipping costs.
If a payment was made, the entrepreneur will refund it as soon as possible, and no later than 14 days after the withdrawal — provided the product has been received or sufficient proof of return is given.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may be excluded for specific products or services, but only if this was clearly stated in the offer.
Products for which withdrawal can be excluded include:
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Made-to-order items;
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Personalized items;
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Items that by nature cannot be returned;
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Perishable items;
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Items subject to market fluctuations;
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Newspapers and magazines;
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Audio/video or software with broken seal;
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Hygiene products with a broken seal.
Services for which withdrawal can be excluded include:
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Accommodation, transport, catering or leisure for a specific date;
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Services already started with consent before the withdrawal period ended;
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Betting and lotteries.
ARTICLE 9 - THE PRICE
We reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including due to VAT changes.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if these are subject to fluctuations in the financial market and beyond the entrepreneur’s control. This dependency and the fact that any stated prices are target prices will be clearly mentioned.
Price increases within 3 months after the agreement has been concluded are only permitted if they are the result of legal regulations or provisions.
Price increases after 3 months are only allowed if:
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They are the result of legal regulations or provisions; or
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The consumer has the right to terminate the agreement as of the day the increase takes effect.
Deliveries are deemed to take place outside the EU based on Article 5(1) of the Dutch VAT Act 1968. Therefore, VAT or customs clearance costs may be collected by the postal or courier service upon import. The entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. The entrepreneur is not obligated to deliver the product at an incorrect price.
ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur guarantees that the delivered products and/or services conform to the agreement, the specifications stated in the offer, and meet reasonable expectations of reliability and usability, as well as applicable legal provisions at the time of conclusion.
Any additional warranties provided by the entrepreneur, manufacturer or importer do not affect the consumer’s legal rights under the agreement.
Defects or incorrect deliveries must be reported within 14 days. Products must be returned in original packaging and unused condition.
Warranty is void if:
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The consumer or a third party has modified or repaired the product;
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The product has been mishandled or used contrary to instructions;
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The defect is the result of legal regulations affecting material quality.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will exercise the utmost care when accepting and fulfilling orders.
Delivery is made to the address provided by the consumer.
Orders will be processed promptly but no later than 30 days unless a longer delivery time is agreed. If delivery is delayed, the consumer will be informed within 30 days and may dissolve the agreement without cost.
In case of dissolution, the entrepreneur will refund the amount paid within 14 days.
If delivery is impossible, the entrepreneur will offer a replacement product. This will be clearly stated. The right of withdrawal still applies to replacement items. Return costs are at the entrepreneur’s expense.
The risk of damage or loss rests with the entrepreneur until delivery to the consumer or their designated representative.
ARTICLE 12 - LONG-TERM TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
Termination
The consumer may terminate an indefinite agreement for recurring deliveries at any time with a notice period of up to one month.
Fixed-term agreements can be terminated at the end of their term with the same notice period.
Termination must be possible in the same manner as the agreement was entered into.
Extension
Fixed-term agreements may not be extended automatically.
Exception: subscriptions to newspapers/magazines may be extended for 3 months with one-month notice.
An open-ended extension is only allowed if the consumer may cancel at any time (one-month notice, or three months if delivery is less than monthly).
Trial subscriptions end automatically.
Duration
For agreements longer than one year, the consumer may terminate after one year with one-month notice, unless fairness prevents early termination.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, payments must be made within 7 working days after the start of the reflection period.
For service agreements, the period starts upon confirmation.
Consumers must report incorrect payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable costs that were previously disclosed.
ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints must be submitted clearly within 7 days after discovery of a defect.
The entrepreneur will respond within 14 days. If more time is needed, the consumer will be notified.
If no resolution is reached, a dispute arises.
Complaints do not suspend the consumer’s payment obligations.
If a complaint is valid, the entrepreneur may repair or replace the product free of charge.
ARTICLE 15 - DISPUTES
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 resides outside the Netherlands.
ARTICLE 16 - PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy. Please refer to our website to view the Privacy Policy.
ARTICLE 17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.
No specific update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
ARTICLE 18 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
ARTICLE 19 - CESOP
Due to the measures introduced and strengthened as of 2024 under the ‘Amendment to the Turnover Tax Act 1968 (Implementation Act Directive Payment Service Providers)’ and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.