terms and conditions

Article 1 – Definitions

Supplementary agreement: an agreement where the consumer acquires products, digital content, and/or services in relation to a distance contract, and these products, digital content, and/or services are supplied by the entrepreneur.
Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity; VAT will always be charged in this case.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Durable medium: any means, including email, that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that enables unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person (LightByLucide) who offers products via Lucide.com.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, until the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication.
Means of distance communication: means that can be used for concluding a contract, without the consumer and the entrepreneur needing to be physically present in the same place simultaneously.

Article 2 - Identity of the Entrepreneur

Light By Lucide
Trading under the name: LightbyLucide

Business & visiting address:
Bisschoppenhoflaan 145
2100 Antwerp

Phone number: +32 485 78 65 91
Email: info@lightbylucide.com

VAT identification number Belgium: BE 0774.924.783

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed and that they will be sent free of charge upon the consumer's request.
If the distance contract is concluded electronically, the text of these terms and conditions may, by way of deviation from the previous paragraph, be provided to the consumer electronically in such a way that the consumer can store it easily on a durable medium. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable provision in case of conflicting terms.

Article 4 - The Offer

If an offer is subject to a limited period of validity or made under conditions, this will be explicitly mentioned in the offer.
The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to enable a proper evaluation of the offer by the consumer. If the entrepreneur uses images, these must be an accurate representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
Every offer contains sufficient information so that the consumer is aware of the rights and obligations attached to accepting the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions laid down.
If the consumer accepts the offer electronically, the entrepreneur will immediately acknowledge receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur is entitled, within the legal framework, to investigate whether the consumer can fulfill their payment obligations, as well as all other facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse a request or attach special conditions to its execution.
At the latest, upon delivery of the product, service, or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium:
1. The visiting address of the entrepreneur’s business where the consumer can lodge complaints;
2. The conditions and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information about warranties and after-sales service;
4. The price, including all taxes, of the product, service, or digital content; the delivery costs if applicable, and the method of payment, delivery, or execution of the distance contract;
5. The requirements for terminating the agreement if the contract is of indefinite duration or has a duration of more than one year;
6. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer can terminate a contract regarding the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige the consumer to state the reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer receives the order confirmation or:
1. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
2. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or the last part.

Article 7 - Obligations of the Consumer during the Cooling-off Period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would in a store.
The consumer is only liable for any reduction in the product’s value resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of the conclusion of the contract.

Article 8 - Exercising the Right of Withdrawal by the Consumer and Costs

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in an unambiguous manner.
As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. The consumer has observed the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all accessories provided, if reasonably possible, in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The entrepreneur bears the costs within the withdrawal period if the consumer has requested a return label in advance. The entrepreneur does not refund already incurred costs.
If the consumer exercises their right of withdrawal, all supplementary agreements will be legally dissolved.

Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal

If the entrepreneur enables the consumer to submit the withdrawal notice electronically, he will promptly send an acknowledgment of receipt after receiving this notice.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer proves that they have returned the product.
The entrepreneur uses the same payment method for reimbursement as the consumer used unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 10 - The Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any quoted prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement on the date the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 11 - Performance of the Agreement and Additional Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer will never limit the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement if the entrepreneur fails to fulfill his part of the agreement.
Additional guarantee refers to any commitment from the entrepreneur, his supplier, importer, or manufacturer whereby they grant the consumer certain rights or claims that go beyond what is legally required in case the entrepreneur fails to fulfill his part of the agreement.

Article 12 - Delivery and Execution

The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
In accordance with what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Payment

Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
The entrepreneur automatically generates an invoice based on the details provided by the consumer at the time of purchase. These details cannot be altered afterward and will be processed in this manner for accounting purposes.
In case of non-payment by the due date, the debt will automatically be increased without the need for a formal notice by a fixed compensation of ten percent (10%), with a minimum of EUR 50.00, and interest of 1% per month charged from the due date until the date of full payment.

Article 14 - Complaint Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation.

Article 15 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.

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