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Terms of service
General Terms Lux Hub
Email: info.luxhub@gmail.com
Website: lotis-amsterdam.nl
Article 1 - Definitions
Lux Hub: Lux Hub, located in Amsterdam, Chamber of Commerce number 78033845.
Customer: the party with whom Lux Hub has entered into an agreement.
Parties: Lux Hub and Customer together.
Consumer: a Customer who is also an individual and acts as a private person.
Article 2 - Applicability
These terms apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Lux Hub. Lux Hub and the Customer can only deviate from these terms if agreed upon in writing. Lux Hub and the Customer explicitly exclude the applicability of the Customer's or others' general terms and conditions.
Article 3 - Prices
Lux Hub uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless agreed otherwise in writing. Lux Hub may change the prices of its services and products on its website and in other communications at any time. Increases in the cost prices of products or parts thereof, unforeseen by Lux Hub at the time of making the offer or concluding the agreement, may lead to price increases. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Article 4 - Samples and Models
When the Customer has received a sample or model of a product, they can derive no other rights from it than that it is an indication of the nature of the product, unless agreed in writing that the delivered products correspond to the sample or model.
Article 5 - Payments and Payment Term
Lux Hub may request an advance payment of up to 50% of the agreed amount when entering into the agreement. The Customer must have paid a payment within 7 days after delivery. The payment terms Lux Hub uses are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Lux Hub having to send a reminder or put them in default. Lux Hub may make the delivery dependent on immediate payment or demand security for the total amount of the services or products.
Article 6 - Right of Reclamation
When the Customer is in default, Lux Hub may invoke the right of reclamation regarding the unpaid products delivered to the Customer. Lux Hub exercises its right of reclamation by written or electronic notification to the Customer. Once the Customer is informed of the invoked right of reclamation, they must immediately return the relevant products to Lux Hub unless agreed otherwise in writing. The Customer pays the costs for retrieving or returning the products in paragraph 3.
Article 7 - Right of Withdrawal
A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
- the product has been used
- it is a product that can quickly spoil, such as food or flowers
- it is a product that is tailor-made or adapted for the consumer
- it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
- the seal is broken, in the case of data carriers with digital content, such as DVDs or CDs
- the product or service concerns accommodation, travel, a restaurant business, transport, a catering assignment, or a form of leisure activity
- the product is a single magazine or newspaper
- the consumer has waived their right of withdrawal
The withdrawal period of 14 days in paragraph 1 begins:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can exercise their right of withdrawal by sending an email with that subject to info.luxhub@gmail.com, possibly using the withdrawal form available on the Lux Hub website, lotis-amsterdam.nl. The consumer must return the product to Lux Hub within 14 days after notifying their right of withdrawal, failing which their right of withdrawal lapses.
Article 8 - Refund of Delivery Costs
If the consumer has timely revoked their purchase and returned the entire order to Lux Hub on time, Lux Hub will refund any shipping costs paid by the consumer within 14 days after receiving the timely fully returned order. Delivery costs are only borne by Lux Hub to the extent that the entire order is returned.
Article 9 - Refund of Return Costs
If the consumer invokes their right of withdrawal and returns the entire order on time, the Customer pays the costs for that.
Article 10 - Right of Suspension
Unless the Customer is a consumer, they hereby waive the right to suspend the performance of any obligation arising from this agreement.
Article 11 - Right of Retention
Lux Hub may use its right of retention and, in that case, keep products of the Customer until the Customer has paid all outstanding invoices from Lux Hub, unless the Customer has provided sufficient security for those costs. The right of retention also applies on the basis of previous agreements under which the Customer still owes money to Lux Hub. Lux Hub is not liable for any damage the Customer incurs due to the use of its right of retention.
Article 12 - Setoff
Unless the Customer is a consumer, they waive their right to set off a debt to Lux Hub against a claim on Lux Hub.
Article 13 - Retention of Title
Lux Hub remains the owner of all delivered products until the Customer has paid all outstanding invoices from Lux Hub relating to an underlying agreement, including claims due to failure to perform. Until that time in paragraph 1, Lux Hub may use its retention of title and reclaim the items. Before ownership has passed to the Customer, they may not pledge, sell, alienate or encumber the products in any way. When Lux Hub exercises its retention of title, the agreement is thereby undone, and Lux Hub may demand compensation, lost profits, and interest from the Customer.
Article 14 - Delivery
Delivery takes place as long as supplies last. Delivery takes place at Lux Hub unless otherwise agreed. Delivery of products ordered online takes place at the address specified by the Customer. If the Customer does not pay the agreed amounts or does not do so on time, Lux Hub may suspend its obligations until the Customer pays. In case of late payment, there is creditor default, so the Customer cannot object to a late delivery from Lux Hub.
Article 15 - Delivery Time
The delivery times of Lux Hub are indicative. If delivery is later, the Customer cannot derive any rights from it unless agreed otherwise in writing. The delivery time starts when the Customer has completed the ordering process and received confirmation from Lux Hub. The Customer is not entitled to compensation and cannot annul the agreement if Lux Hub delivers later than agreed. The Customer may cancel the agreement in the event of a written agreement or if Lux Hub cannot deliver within 14 days, after having been notified in writing or the Customer and Lux Hub have agreed otherwise.
Article 16 - Actual Delivery
The Customer must ensure that the actual delivery of their ordered products can take place on time.
Article 17 - Transport Costs
The Customer pays the costs for transport unless the Customer and Lux Hub have agreed otherwise in writing.
**Article 18 - Packaging and Shipping**
If the packaging of a delivered product is opened or damaged, the customer must have the carrier make a note of this before accepting the product. Failure to do so means the customer cannot hold Lux Hub liable for any potential damage.
When the customer arranges the transport of a product, they must report any visible damage to products or packaging before transportation to Lux Hub. Failing to do so means the customer cannot hold Lux Hub liable for any potential damage.
**Article 19 - Storage**
If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any potential loss of quality lies entirely with the customer.
Any additional costs due to premature or delayed acceptance of products are the customer's responsibility.
**Article 20 - Warranty**
The warranty for products applies only to defects caused by faulty manufacturing, construction, or materials. The warranty does not apply to:
- Normal wear and tear
- Damage caused by accidents
- Damage caused by modifications to the product
- Damage due to negligence or improper use by the customer
- When the cause of the defect cannot be clearly determined
The risk of loss, damage, or theft of the products subject to an agreement between the parties transfers to the customer when they are legally and/or factually delivered, or come into the possession of the customer or a third party receiving the product on behalf of the customer.
**Article 21 - Exchange**
The customer may exchange a purchased item under the following conditions:
- Exchange takes place within 14 days of purchase, with the customer presenting the original invoice.
- The product is returned in the original packaging with the attached original price tag.
- The product has not been used.
Discounted items, perishable products, custom-made items, or items specially adapted for the customer, and used products cannot be exchanged.
**Article 22 - Indemnification**
The customer indemnifies Lux Hub against all claims from others related to the products and/or services delivered by Lux Hub.
**Article 23 - Complaints**
The customer must promptly examine a product or service delivered by Lux Hub for any deficiencies. If a delivered product or service does not meet the customer's reasonable expectations, the customer must inform Lux Hub within 1 month of identifying the deficiency. A consumer must notify Lux Hub within 2 months of identifying the deficiency. The customer provides a detailed description of the deficiency so that Lux Hub can respond appropriately. The customer must demonstrate that the complaint relates to an agreement between the customer and Lux Hub. If a complaint concerns ongoing work, the customer cannot demand that Lux Hub perform other work than agreed upon.
**Article 24 - Notice of Default**
The customer must communicate any notice of default in writing to Lux Hub. The customer is responsible for ensuring that their notice of default reaches Lux Hub on time.
**Article 25 - Customer Liability**
When Lux Hub enters into an agreement with multiple customers, each of them is jointly liable for fulfilling the obligations in that agreement.
**Article 26 - Lux Hub's Liability**
Lux Hub is only liable for damages suffered by the customer if the damage is caused by intent or deliberate recklessness. If Lux Hub is liable for damage, it is limited to direct damage related to the execution of an underlying agreement. Lux Hub is not liable for indirect damage, such as consequential damage, loss of profit, or damage to third parties. When Lux Hub is liable, this liability is limited to the amount paid by a (professional) liability insurance policy. If no insurance is taken out or no amount is paid, the liability is limited to the (part of the) invoice amount to which the liability relates. All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.
**Article 27 - Expiry Period**
Any right of the customer to compensation from Lux Hub expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude what is stipulated in Article 6:89 of the Dutch Civil Code.
**Article 28 - Dissolution**
The customer may annul the agreement if Lux Hub culpably fails to fulfill its obligations, unless this shortcoming does not justify dissolution due to its special nature or minor significance. If the fulfillment of the obligations by Lux Hub is still possible, dissolution can only take place after Lux Hub is in default. Lux Hub may annul the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Lux Hub becomes aware of circumstances that give it good grounds to believe that the customer will not fulfill its obligations.
**Article 29 - Force Majeure**
In addition to Article 6:75 of the Dutch Civil Code, it is stipulated that a shortcoming of Lux Hub cannot be attributed to Lux Hub when there is force majeure. Force majeure includes, among other things:
- An emergency such as civil war or a natural disaster
- Non-performance or force majeure of suppliers, delivery persons, or others
- Power, electricity, internet, computer, or telecommunication failures
- Computer viruses
- Strikes
- Government measures
- Transportation problems
- Adverse weather conditions
- Work stoppages
When a force majeure situation arises that prevents Lux Hub from fulfilling one or more obligations to the customer, those obligations are suspended until Lux Hub can fulfill them. From the moment a force majeure situation has lasted at least 30 calendar days, both the customer and Lux Hub may annul the agreement in writing, in whole or in part. Lux Hub is not required to pay compensation to the customer in a force majeure situation, even if Lux Hub benefits from it.
**Article 30 - Amendment of Agreement**
If necessary for its execution, the customer and Lux Hub can modify the agreement.
**Article 31 - Amendment of General Terms and Conditions**
Lux Hub may amend these general terms and conditions. Minor changes can always be implemented by Lux Hub. For significant changes, Lux Hub will discuss them with the customer as much as possible. In the case of significant changes to the general terms and conditions, a consumer may terminate the underlying agreement.
**Article 32 - Transfer of Rights**
The customer cannot transfer rights from an agreement with Lux Hub to others without written permission from Lux Hub. This provision applies as a stipulation with property law effect, as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
**Article 33 - Consequences of Nullity or Annulment**
If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these conditions. A provision that is null or voidable is replaced by a provision that comes as close as possible to what Lux Hub had in mind when drafting the conditions at that point.
**Article 34 - Applicable Law and Competent Court**
Dutch law applies to these general terms and conditions and any underlying agreement between the customer and Lux Hub. The court in the district of the registered office of Lux Hub has exclusive jurisdiction to hear any disputes between the customer and Lux Hub, unless the law prescribes otherwise.