General terms and conditions
Version 2.0, Monday, June 23, 2025
Table of contents:
- Definitions
- Identity of the Seller
- Applicability
- Offers and Quotations
- The Agreement
- Right of withdrawal (only for consumers)
- Prices and Payment
- Delivery and Execution
- Retention of title
- Warranty and Conformity
- Liability
- Complaints procedure
- Intellectual Property
- Data protection
- Applicable Law and Disputes
Article 1: Definitions
1.1. Seller: AA Lighting.
1.2. Buyer: The party that enters into an agreement with the Seller.
The Buyer can be:
a. Consumer: Any natural person who acts for purposes which are outside his trade, business, craft or profession.
b. Business Customer: Any natural person or legal entity acting in the exercise of his profession or business.
1.3. Agreement: Any agreement or order between Seller and Buyer.
1.4. Products: The goods offered by the Seller, in particular wooden garden lamps.
1.5. Custom-made: Products that have been manufactured according to the Consumer's specifications, as further described in Article 6.4.
Article 2: Identity of the Seller
Name: AA Lighting
Business address: Langeweg 62b, 4675RM Sint-Philipsland
Phone number: 31 6 12719090
Email address: info@houtentuinlamp.nl
Chamber of Commerce number: 96728841
VAT identification number: NL003600066B98
Article 3: Applicability
3.1. These general terms and conditions apply to every offer made by the Seller and to every Agreement concluded between the Seller and the Buyer.
3.2. Before the Agreement is concluded, the text of these general terms and conditions will be made available to the Buyer.
Article 4: Offers and Quotations
4.1. All quotations and offers from the Seller are without obligation, unless a term for acceptance is stated in the quotation.
4.2. Obvious mistakes or errors, such as obvious writing, printing, or typographical errors in the offer, do not bind the Seller.
4.3. Unless otherwise stated, quotations are valid for 30 days from the quotation date.
Article 5: The Agreement
5.1. The Agreement is concluded at the moment the Buyer accepts the offer and meets the conditions set therein.
5.2. If the Buyer has accepted the offer electronically, the Seller will immediately confirm receipt of acceptance of the offer electronically.
Article 6: Right of withdrawal (only for Consumers)
6.1. Reflection Period for Standard Products: The Consumer may cancel an Agreement regarding the purchase of a standard product within a 14-day reflection period without giving any reason. This period expires 14 days after the day on which the Consumer physically receives the Product.
6.2. Exercise: The Consumer exercises the right of withdrawal by sending an unambiguous statement (e.g., by email) to the Seller within the cooling-off period. The model withdrawal form is available on the Seller's website.
6.3. Obligations upon Revocation:
a. The Consumer shall return the Product as soon as possible, but no later than 14 days after the day of the cancellation notification.
b. The direct costs of returning the Product shall be borne by the Consumer.
c. The Consumer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
d. The Seller will reimburse all payments made by the Consumer, including any delivery costs for the outward shipment, without delay, but no later than 14 days following the date of the cancellation notification. The Seller may withhold reimbursement until the Product has been returned or the Consumer has demonstrated that it has been returned.
6.4. CUSTOMIZED EXCEPTION: The right of withdrawal is excluded for custom-made products. Custom-made products are defined as: Products manufactured according to the Consumer's specifications, such as a different size, a non-standard wood type, a personalized engraving, or another non-standard finish. The Seller will explicitly inform the Consumer of this before concluding the Agreement and will request their express consent to waive the right of withdrawal.
Article 7: Prices and Payment
7.1. All prices stated by the Seller include VAT. Shipping costs are listed separately.
7.2. Payment must be made within 14 days of the invoice date, unless otherwise agreed.
7.3. If a Consumer does not pay on time:
a. The Seller will send the Consumer a reminder with a term of 14 days in which to pay.
b. After this period has expired, the Consumer owes statutory interest on the outstanding amount.
c. Out-of-court collection costs may be charged in accordance with the Debt Collection Costs Act (WIK).
7.4. If a Business Customer does not pay on time:
a. The Business Customer is in default by operation of law without any further notice of default being required.
b. A contractual interest of 1% per month is due on the outstanding amount.
c. The Business Customer is also liable for extrajudicial collection costs, which are set at 15% of the principal amount with a minimum of €150.
Article 8: Delivery and Execution
8.1. The stated delivery time is indicative. Exceeding the delivery time does not entitle the Buyer to compensation, unless there is intent or gross negligence on the part of the Seller.
8.2. Transfer of Risk to Consumers: The risk of loss or damage to the Products passes to the Consumer at the moment the Consumer physically takes possession of the Products.
8.3. Transfer of Risk Business Customers: The risk of loss or damage to the Products passes to the Business Customer upon delivery to the carrier.
Article 9: Retention of title
9.1. All Products delivered by the Seller shall remain the property of the Seller until the Buyer has fully fulfilled all obligations under the Agreement.
Article 10: Warranty and Conformity
10.1. Legal Warranty (Conformity) for Consumers: The Seller warrants that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions in force on the date the Agreement is concluded. A product must possess the properties necessary for normal use.
10.2. Commercial Warranty: In addition to the statutory warranty, the Seller offers a 12-month commercial warranty on manufacturing defects of the technical components (such as fitting and wiring), starting on the delivery date.
10.3. Natural Properties of Wood: The Buyer is deemed to be familiar with the natural properties of wood, as described in the document "The Natural Charm of Wood," which forms an integral part of these terms and conditions and the Agreement. Properties such as weathering, expansion/shrinkage, resin efflorescence, surface cracks, and the presence of knots are inherent to the material and are not considered a defect or non-conformity.
10.4. Warranty for Business Customers: For Business Customers, only the 12-month commercial warranty as described in Article 10.2 applies. 10.5. Exclusions: Any form of warranty shall lapse if a defect has arisen as a result of incorrect installation, improper or inappropriate use, or if changes have been made to the Product without the written permission of the Seller.
Article 11: Liability
11.1. The Seller's liability is limited to what is set out in this article.
11.2. The Seller shall not be liable for any damage of any nature arising from the Seller's reliance on incorrect and/or incomplete information provided by or on behalf of the Buyer.
11.3. The Seller's liability is at all times limited to a maximum of the invoice amount of the relevant order, or at least to that part of the order to which the liability relates.
11.4. The Seller is solely liable for direct damages. Direct damages are understood to mean only the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damages within the meaning of these terms and conditions.
11.5. For Business Customers, the Seller shall never be liable for indirect damage, including consequential damage, lost profits, lost savings, and damage due to business stagnation.
11.6. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of the Seller. These limitations also do not apply to Consumers in cases of product liability as referred to in Book 6, Title 3, Section 3 of the Dutch Civil Code.
Article 12: Complaints procedure
12.1. Complaints regarding the performance of the Agreement must be submitted by the Buyer to the Seller fully and clearly described within a reasonable time (for Consumers, notification within two months of discovery is in any case deemed timely).
12.2. Complaints submitted to the Seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, a response will be provided within 14 days with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed response.
Article 13: Intellectual Property
13.1. All intellectual property rights relating to the designs and Products of the Seller shall remain the exclusive property of the Seller.
13.2. The Buyer is not permitted to copy, reproduce or distribute the Products without the prior written consent of the Seller.
Article 14: Data protection
14.1. The Seller processes the Buyer's personal data in accordance with the General Data Protection Regulation (GDPR). For more information, please refer to the privacy statement on the Seller's website.
Article 15: Applicable Law and Disputes
15.1. All legal relationships in which the Seller is a party are exclusively governed by Dutch law.
15.2. Disputes will initially be resolved by mutual agreement. If this does not lead to a solution, disputes will be submitted to the competent court in the Zeeland-West-Brabant district. Consumers can also submit a dispute to the court of their own place of residence. 15.3. Consumers also have the option to file a complaint via the European Commission's ODR platform, available at http://ec.europa.eu/odr.