Conditions

General terms and conditions

Article 1 - Definitions

We define these terms in the General Terms and Conditions as follows:

1) Consumer: a person who consumes goods or services, i.e. buys them without the intention of selling them or processing them for sale, and concludes a distance contract with a trader.

(2) 'durable medium' means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible or usable for a period of time adequate for the purposes for which the information is intended and which allows the unchanged reproduction of the information stored.

Continuing obligation: a distance contract for a series of services and/or goods in which the obligation to deliver and/or purchase extends over a certain period of time;
Distance communication technique: a means of concluding a contract without the consumer and trader being in the same room at the same time.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract in which one or more means of distance communication are used exclusively within the framework of a system organised by the entrepreneur for the distance selling of products and/or services up to and including the moment of conclusion of the contract;
Period": the period within which the consumer can exercise his right of withdrawal;
Day: calendar day;
General terms and conditions: the current general terms and conditions of the entrepreneur.

Article 2 - Identity of the trader (Please note that this is not a visiting or return address)

32 KINBURN STREET LONDON, UK SE16 6DW

E-mail address: info@misterlamp.de

Chamber of Commerce number: OC446864



Article 3 - Scope of application

These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.

Before concluding the distance contract, the consumer has access to the text of these general terms and conditions. If this is not reasonably possible, it must be stated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's business premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.

By way of derogation from the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions must be made available to the consumer in electronic form before the distance contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer must be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge at the consumer's request, either electronically or by other means.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third subparagraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

If at any time one or more provisions of these general terms and conditions are invalid or are cancelled in whole or in part, the agreement and these general terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the scope of the original provision.

Cases not covered by these General Terms and Conditions shall be judged "in the spirit" of these General Terms and Conditions.

Any ambiguity with regard to the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions. Any ambiguity relating to the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Any ambiguity with regard to the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is not binding. The company is authorised to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must accurately reflect the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

The images of the products are an accurate representation of the products offered. The company cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This concerns in particular

how the order is to be carried out and what action is required to do so;

the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used

the price including charges;

the cost of shipping, if any;

whether or not the right of cancellation applies

the period for acceptance of the offer or the period within which the price is guaranteed by the trader

the method of payment, delivery and fulfilment of the contract

whether the contract will be archived after its conclusion and, if so, by what means the consumer can access it;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of an extended transaction.



the means by which the consumer can check and, if necessary, correct the information provided by him in connection with the contract before concluding it

Optional: available sizes, colours and types of material.



Article 5 - The contract

Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the conditions stated therein are met.

If the contract is concluded electronically, the trader must take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer has the option of paying electronically, the trader must take appropriate security measures.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.

The trader may - within the legal framework - obtain information about the consumer's ability to fulfil his payment obligations and about all facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this assessment, the trader has a valid reason not to conclude the contract, he has the right to refuse an order or request or to attach certain conditions to its fulfilment.

Together with the product or service, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible form on a durable medium:

the address of the trader's establishment where the consumer can lodge a complaint;
the conditions and means by which the consumer may exercise the right of withdrawal or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-sales services;
the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
the conditions for cancelling the contract if the contract has a duration of more than one year or an indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

All contracts are concluded on the condition that the products concerned are available in sufficient quantities.



Article 6 - Right of cancellation

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This withdrawal period commences on the day after the consumer, or a person designated in advance by the consumer and the trader's designated representative, has received the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he must return the product with all accessories and, if possible, in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must be made aware of this by means of a written notification/email. Once the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that he has returned the delivered goods in good time, e.g. by means of a postal receipt.

If, on expiry of the periods referred to in paragraphs 2 and 3, the consumer has not notified the trader that he wishes to make use of his right of withdrawal or has not returned the product to the trader, the purchase shall be deemed to have been concluded. Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition for this is that the goods have already been received by the trader or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of cancellation

The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or at least in good time before the conclusion of the contract.

The exclusion of the right of cancellation is only possible for products manufactured by the trader according to the consumer's specifications;

which are clearly of a personal nature;
which cannot be returned due to their nature
which deteriorate or age quickly;
whose price depends on fluctuations in the financial market over which the trader has no control;
for individual newspapers and magazines
audio and video recordings and computer software whose seal has been broken by the consumer
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of cancellation is only possible for services:

concerning accommodation, transport, catering or leisure activities to be carried out on a specific day or during a specific period;
the supply of which has begun with the express consent of the consumer before the end of the cooling-off period;
concerning bets and lotteries.
Article 9 - Price

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 due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which he has no influence, at variable prices. This connection with fluctuations and the fact that all prices quoted are target prices is mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory provisions or regulations.

Price increases from 3 months after conclusion of the contract are only permitted if they are authorised by the contractor and:

they are based on statutory provisions or regulations; or
the consumer has the right to cancel the contract on the day on which the price increase takes effect.
Special additional customs clearance fees and/or import duties are not included in the price and shall be borne by the customer.

The prices stated in the offer of products or services are inclusive of VAT.

All prices are subject to printing errors and mistakes. No liability is accepted for the consequences of printing and price errors. In the event of printing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Compliance and warranty

The Contractor guarantees that the products and/or services comply with the agreement, the specifications laid down in the invitation to tender, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the Contractor also guarantees the suitability of the product for other than normal purposes.

A guarantee provided by the contractor, the manufacturer or the importer does not affect the statutory rights and claims that the consumer may have against the contractor on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The Contractor's warranty period must correspond to the manufacturer's warranty period. The contractor is in no way responsible for the final suitability of the products for the specific use by the consumer or for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the contractor's instructions and/or on the packaging;

The defects are wholly or partly due to the regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and fulfilment

The Company shall take the utmost care when receiving and executing orders for Products.

The place of delivery is the address that the consumer has communicated to the company.

Without prejudice to article 4 of these general terms and conditions, the company shall fulfil accepted orders without delay, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer must be informed within 30 days of the order. In this case, the consumer has the right to cancel the contract without incurring any costs and the right to any compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If the delivery of an ordered product is not possible, the entrepreneur will endeavour to deliver a replacement product. The fact that a replacement delivery is imminent must be communicated clearly and comprehensibly at the latest at the time of delivery. The right of cancellation cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly agreed otherwise.

Article 12 -

The consumer has the right to terminate an open-ended contract for the regular delivery of products (including electricity) or the provision of services at any time with due observance of the agreed cancellation rules and with a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the provision of services at any time on expiry of the fixed term, subject to the applicable cancellation rules and with a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs

terminate them at any time and not only at a specific time or for a specific period;

terminate them at least in the same way as he terminated them

always terminate with the same notice period as the entrepreneur has set himself.

Extension

A contract concluded for a definite period and having as its object the regular delivery of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a definite period.

(2. By way of derogation from paragraph 1, a fixed-term contract for the regular delivery of newspapers, periodicals or magazines may be automatically renewed for a fixed period not exceeding three months, provided that the consumer has the right to terminate the renewed contract at the end of the renewal period, subject to a notice period not exceeding one month.

A fixed-term contract for the regular delivery of products or the provision of services may only be automatically renewed for an indefinite period if the consumer has the right to terminate the contract at any time, subject to a notice period that may not exceed one month and may not exceed three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers or magazines on an introductory basis (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration

For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with one month's notice, unless it is reasonable and fair to terminate the contract before the end of the agreed duration.

Article 13 - Payment

Unless another term has been agreed, the amounts owed by the consumer must be paid within seven working days after the end of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall begin to run after the consumer has received confirmation of the contract.

The consumer is obliged to notify the operator immediately of any inaccuracies in the data provided or in the itemised bill.

In the event of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer all reasonable costs of which the consumer has been informed in advance.

Article 14 - Complaints

Complaints about the fulfilment of the contract must be fully and clearly described and submitted to the trader within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is likely to require a longer processing time, the trader will respond within 14 days with a notification of receipt of the complaint and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved in a joint hearing, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader declares otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.