Terms and Conditions

 

1. Unless otherwise agreed in writing, every offer and every (including future) agreement is governed by these terms and conditions, which form an integral part of it and which take precedence over the customer's purchase conditions. These customer purchase conditions are not deemed to have been accepted by us, unless we have expressly agreed otherwise in writing with the customer.

2. Unless otherwise agreed in writing, prices, brochures, catalogs or proposals are not binding and can be changed or improved at any time. An agreement will only be concluded after written order confirmation from us. If orders are executed without our prior written agreement regarding the price, the prices on the date of order apply.

3. Unless expressly stated otherwise, the delivery times stated in any written confirmation, agreement or other document are purely indicative and do not bind us. Any late delivery cannot therefore give rise to termination of the agreement. Our liability is in any case limited to direct and foreseeable damage with a maximum of 2.5% of the value of the agreement. Changes to the order automatically mean that the indicative delivery times may be extended. In the event of late payment of advances, delivery may be suspended and the indicative delivery times may be extended.

4. All goods and materials remain our property until full payment has been made. Until then and without our written permission, the customer is strictly prohibited from alienating or pledging the goods, using them as security or transferring them legally or physically in any other way.

5. All ordered goods and materials are delivered from the De Pinte factory/warehouse. These goods and materials are accepted at the place of delivery. They are transported at the customer's risk, even if it has been agreed that we will provide, organize or be involved in the transport in any other way. Transport and any insurance costs are always borne by the customer, unless otherwise agreed. The customer guarantees that all precautions have been taken and all conditions have been met to receive the goods at the time stated by us. Any damage caused because this is not the case will remain solely the responsibility of the customer. 

6. If the customer refuses to accept the delivery, makes delivery impossible for us or significantly delays receipt, we have the right to terminate the agreement by written notice to the customer (without any judicial intervention or other formalities being required). required) and the agreement will be deemed to be terminated from the date of the aforementioned written notification due to breach of contract by the customer and damages will be due. Without prejudice to our right to prove greater damage, this compensation is fixed at a minimum of 25% - increased to 75% in the case of custom work - of the total purchase price excluding VAT.

7. Unless expressly stated otherwise, the prices communicated to the customer are exclusive of all taxes, levies or other charges levied by any government that may be due due to the sale or purchase of the goods and materials. The customer alone is liable for the payment of these taxes, duties or charges and if they are charged to us or legally required to be paid by us, the customer undertakes to reimburse them to us without delay.

8. All invoices are payable to the bank account number stated on our invoices. All invoices must be paid in full without any discount or deduction for bank charges. The amount concerned must be available in our bank account on the due date stated on the invoice. In the event of overdue payment, a statutory and conventional interest of 1% per month or part of a month will be charged automatically and without notice of default from the due date. The interest owed by the customer is capitalized annually, provided we send him a registered notice of default.

9. In the event of non-payment on the due date, any amount due will be increased by operation of law by 12%, with a minimum of €125 by way of conventional damages clause as a lump sum compensation for extrajudicial costs. This compensation earns the same statutory and conventional interest of 1% per month or part of a month. Unconditional payment of the full invoice amount or part thereof constitutes acceptance of our invoice.

10. In the event of non-payment on the due date and after an unsuccessful notice of default, the customer is deemed to have committed a serious breach of contract and we can at any time opt to terminate the agreement due to the aforementioned breach of contract. The customer must be notified of this termination by email. In that case, the customer allows us to retrieve the goods and materials from where they are, and the customer is obliged to pay compensation, the minimum of which is fixed at 25% - increased to 75% in the case of custom work - of the total purchase price excluding VAT, without prejudice to our right to prove greater damage and claim compensation accordingly.

11. In the event of non-payment on the due date, all amounts owed by the customer (regardless of whether they are payable at that time) become due and payable by operation of law and without notice of default. 

12. The customer undertakes to subject the goods, materials and packaging supplied by us to a visual inspection at the time of delivery. All shortages and visible damage must be stated on the bill of lading. In addition, the customer must provide Luminello without delay and at the latest within three (3) days after delivery with a copy of the aforementioned bill of lading, together with detailed information in written form about the shortages and/or visible damage, including evidence of these shortcomings. 

13. The burden of proof with regard to hidden defects rests with the customer. If the goods and materials supplied by us show hidden defects, the customer must notify us in writing (by registered mail) within 1 month after the customer has discovered this defect. This written notice must contain a reasonably detailed description of the nature of the hidden defect as well as evidence of this defect. We are not liable for any hidden defect if the customer has in any way failed to comply with this article or with the guidelines of which the customer was aware.

14. We are only liable if the hidden defect manifests itself within a period of two years from the date of delivery of the goods. Any warranty claim based on a lack of conformity lapses in the event of damage during processing, assembly or maintenance, in the event of modification and/or repair by the customer or by third parties. A warranty claim also lapses if the delivered goods have not been assembled or processed, used or installed in accordance with our instructions and/or the manufacturer's instructions that accompanied the delivery and of which the customer declares to have received a copy. Within the meaning of this article, there can be no hidden defect if the defect was known to the customer at the time of concluding the agreement or could not reasonably have been unknown.

15. In the event of a visible lack of conformity or a hidden defect of which we have been notified in accordance with our terms and conditions, the customer is only entitled to request from us the free repair or replacement of the goods. We decide entirely at our own discretion whether to choose between repair and replacement. In addition to the costs strictly associated with the repair or replacement, we accept no liability for any other costs, transport costs, installation costs, expenses, damages or any other financial obligations that are in any way connected with the lack of conformity of the goods or materials or all possible consequences. Any other liability imposed by mandatory law is, to the extent permitted by this mandatory law, limited to the amount covered by our insurance. The customer indemnifies us against all claims from third parties with regard to the delivered goods, as a result of which our maximum obligations would be exceeded.

16. By placing an order with us, the customer irrevocably accepts that he is bound by the general terms and conditions with regard to that order and the resulting agreement. If it turns out that an article of these conditions is invalid for any reason, the other articles of these conditions will remain in full force.

17. The courts of the judicial district of Ghent have exclusive jurisdiction to rule on any dispute between us and the customer. This jurisdiction clause applies to all types of proceedings, including summary proceedings or proceedings to obtain interim or conservatory measures. 

18. Returns for online purchases via our website www.luminellolighting.com

Within 14 days from the delivery date, it is possible to request the free return of the purchased products*. Returning products is not permitted if the packaging is open and the product has already been used.

Contact our customer service representative via info@luminello.be to receive the return form.

* The products must be returned in the same condition as they were delivered to you. Purchased items must be returned intact, not used or damaged.