General Terms and Conditions
General Terms and Conditions
Article 1 - Definitions
- In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise:
- Sparklest is a website of Lammers trading.
- Consumer: Natural person who (does not) act in the exercise of his profession or business.
- Buyer: The Consumer who enters into a contract (at a distance) with Seller.
- Company: The natural or legal person acting in the exercise of a profession or business.
- Offer: Any written offer to the Purchaser for the delivery of Products by Sparklest.
Article 2 - Identity of the economic operator
E-mail address: Info@sparklest.com
KVK nummer: op aanvraag
Article 3 - Applicability
- These general terms and conditions apply to every Sparklest Offer and every agreement between Sparklest and a Purchaser and to every product offered by Sparklest. These terms and conditions also apply to all agreements with Sparklest for the execution of which third parties must be involved.
- Before concluding an agreement (at a distance), the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Sparklest shall indicate to Buyer how Buyer can view these general terms and conditions, which are in any case published on the website(s) of Sparklest, so that Buyer can easily save these general terms and conditions on a durable data carrier.
- Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of the Buyer is expressly rejected. Only the general terms and conditions of Sparklest shall apply to all orders agreed with Sparklest. In exceptional situations the general terms and conditions may be deviated from if this has been explicitly agreed with Sparklest in writing.
- These general terms and conditions also apply to additional, amended and subsequent agreements with the Buyer..
- If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the remaining provisions of these general terms and conditions shall remain in force, and the null and void provision(s) shall be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
Article 4 - The Offer
- All offers made by Sparklest are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this shall be explicitly stated in the offer. An offer shall not be considered an offer until it has been laid down in writing.
- The quotations made by Sparklest are without obligation. Sparklest shall only be bound by the offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if Sparklest sends an invoice based on what has been purchased by the Buyer and recorded in writing on the spot. Nevertheless, Sparklest shall be entitled to refuse an agreement with a potential Purchaser for a reason that is well-founded for Sparklest.
- The offer contains a complete and accurate description of the offered product. The description is so detailed that the Buyer is able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Sparklest. The illustrations and specific data in the offer are only an indication and cannot be a ground for any damages or the dissolution of the agreement (remotely). Sparklest cannot guarantee that the colours in the image exactly match the real colours of the product.
- Delivery times on the Sparklest website are indicative and, if exceeded, shall not entitle the buyer to rescission or compensation, unless expressly agreed otherwise.
- A composite quotation shall not oblige Sparklest to deliver any part of the goods included in the offer or quotation for a corresponding part of the quoted price.
- In principle, no offers will be made. If and to the extent that there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the on-is-on-principle as indicated in the offer.
Article 5 - Realisation of the agreement
- The agreement shall be concluded the moment Buyer has accepted an offer from Sparklest by paying for the relevant product.
- An offer can be made by Sparklest via the webshop..
- If Buyer has accepted the Offer by entering into an agreement with Sparklest, Sparklest shall confirm the agreement with Buyer in writing by e-mail.
- Sparklest shall not be bound by the acceptance if it deviates (on minor points) from the offer included in the offer or invoice. Purchaser shall pay the full offer or invoice, unless Purchaser can demonstrate that it has been agreed otherwise.
- Sparklest shall not be bound by an Offer if Buyer could reasonably have expected or should have expected or should have understood that the Offer contains an obvious mistake or slip of the pen. The Buyer cannot derive any rights from such mistake or error.
- Agreements or contracts may only be entered into by authorised personnel, persons employed or hired by Sparklest who are authorised to represent and have a written power of attorney.
- Consumers may revoke within 14 days. The right of revocation is excluded if the Buyer is a business.
Article 6 - Implementation of the Agreement
- Sparklest will carry out the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- If and in so far as required for the proper performance of the agreement, Sparklest shall be entitled to have certain work carried out by third parties at its own discretion.
- Purchaser shall ensure that all data, which Sparklest indicates are necessary or which Purchaser should reasonably understand are necessary for the execution of the agreement, shall be provided to Sparklest in a timely manner. If the data required for the performance of the agreement is not provided to Sparklest in due time, Sparklest shall be entitled to suspend the performance of the agreement and/or to charge the Purchaser for the additional costs resulting from the delay in accordance with its usual rates.
- Sparklest shall not be liable for damage, of any nature whatsoever, caused by Sparklest acting on the basis of incorrect and/or incomplete information provided by the Purchaser, unless this incorrectness or incompleteness was known to Sparklest.
- The Purchaser indemnifies Sparklest against any claims of third parties who suffer damage in connection with the performance of the agreement and which are attributable to the Purchaser..
Article 7 - Delivery
- In principle, delivery takes place from the Supplier's warehouse.
- Shipping of the products is free of charge.
- If the commencement, progress or (re)delivery of the services is delayed due to, for instance, Buyer's failure to provide all requested information or to provide all requested information on time, Buyer's failure to cooperate sufficiently, Sparklest' failure to receive payment or payment on time or due to other circumstances beyond Sparklest' control, Sparklest shall be entitled to a reasonable extension of the term of (re)delivery. All agreed delivery periods shall never be strict deadlines. The buyer shall give Sparklest written notice of default and allow Sparklest a reasonable period of time to still be able to (re)deliver. As a result of the delay caused, the buyer shall not be entitled to any compensation.
- The Buyer is obliged to take delivery of the goods at the time they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
- In case Purchaser refuses to take delivery or fails to provide information or instructions necessary for delivery, Sparklest shall be entitled to store the goods at Purchaser's expense and risk.
- In the event Sparklest requires information from Buyer in the context of the performance of the agreement, the delivery period shall commence after Buyer has made this information available to Sparklest.
- If Sparklest has specified a delivery date, this is indicative. For deliveries outside the Netherlands longer delivery times apply than indicated on the website. This period depends on the delivery time of Supplier.
- Sparklest shall be entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery does not have an independent value. Sparklest shall be entitled to invoice the goods thus delivered separately.
- Buyer is responsible for the import and payment of VAT and any import duties on the products purchased by Buyer..
Article 7A - Packaging and transport
- Sparklest undertakes vis-à-vis the client to properly pack the goods to be delivered (or have them packed) by the Supplier and to secure them in such a way that they reach their destination in good condition when used normally.
- Unless otherwise agreed in writing, all deliveries are exclusive of turnover tax (VAT), exclusive of packaging and packaging materials.
- Acceptance of goods without comments on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.
- Purchaser is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If Sparklest does not sell the goods cleared through customs, Buyer shall not be entitled to cancel the order. In the event that Buyer is required to pay import duties, these costs shall be entirely at Buyer's expense and risk. Nor shall the right to cancel the order be derived from any change in quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
- The molecular risk is always borne by Buyer.
Article 8 - Investigation, complaints
- The buyer is obliged to examine the delivered goods (or have them examined) at the time of delivery, but in any case within fourteen days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to assess whether he retains the product. In doing so, the Purchaser shall examine whether the quality and quantity of the delivered goods are in accordance with the agreement and the products meet the requirements that apply to them in normal (commercial) traffic.
- The buyer is obliged to examine how the product is to be used and, in the case of personal use, to test the product in accordance with the instructions for use. Sparklest does not accept any liability for Buyer's misuse of the product, nor for any incorrect advice given by Buyer to Buyer's customers..
- Any visible defects or shortages must be reported in writing to Sparklest at info@Sparklest.com after delivery. Buyer shall have a period of 14 days after delivery for this purpose. Non-visible defects or shortages must be reported within one month after discovery, but at the latest within six months after delivery. In the event of damage to the product due to careless handling by the Buyer himself, the Buyer himself shall be liable for any reduction in value of the product.
- In the event Buyer wishes to return defective goods, this shall only take place with the prior written consent of Sparklest in the manner indicated by Sparklest. The return of goods shall be at Sparklest' sole discretion.
- In the event Buyer wishes to return defective goods, this shall only take place with the prior written consent of Sparklest in the manner indicated by Sparklest. The return of goods shall be at Sparklest' sole discretion.
- Repayment shall only be made if agreed in writing with Sparklest.
- Refunds to the Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the account number previously provided.
- If the Buyer exercises his right to complain, he has no right to suspend his payment obligation or to set off any outstanding invoices.
- In the absence of full delivery, and/or if one or more products are missing, and this is due to Sparklest, Sparklest shall, following a request to that effect by the Purchaser, either pursue the missing product(s) via Supplier or cancel the remaining order (with restitution of the overpayment). The confirmation of receipt of the products shall be leading in this respect. Any damage suffered by the Purchaser as a result of the deviating scope of delivery cannot be recovered from Sparklest.
- Complaints are not possible if the Buyer has ordered the wrong products or had wrong expectations of the product in question.
Article 9 - Prices
- During the period of validity of the offer, the prices of the products offered will not be increased, except in the event of changes in VAT rates.
- The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and possible transport and packaging costs, unless explicitly stated otherwise. For consumers, the price is shown exclusive of VAT.
- The prices as mentioned in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous and disadvantageous differences at the time of arrival, departure or delivery shall be for the benefit or at the expense of the Buyer respectively.
- In case of products of which there are price fluctuations on the financial market and on which Sparklest has no influence, Sparklest can offer these products with variable prices. The offer states that the prices are target prices and can fluctuate.
- Three months after the conclusion of the agreement Sparklest can apply price increases at its own discretion. If price increases take place within these three months, this can only be the result of a statutory regulation.
Article 10 - Payment and collection policy
- Payment Can be made by credit card. Objections to the amount of the invoices must be notified within 7 days of the invoice date but do not suspend the payment obligation.
- The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
- The buyer must pay these costs at once, via the means of payment indicated on the webshop. Barring special circumstances, Buyer may only agree on a further term in which the amount due is to be paid, with the explicit and written consent of Sparklest.
- Sparklest shall be entitled to have the payments made by the Buyer first of all deducted from the costs, then from the interest that has fallen due and finally from the principal sum and the accrued interest. Sparklest may, without being in default as a result, refuse an offer of payment, if the Buyer designates a different sequence of attribution. Sparklest may refuse full repayment of the principal sum, if the outstanding and accrued interest as well as the costs are not also paid.
- If the Buyer fails to comply with his/her payment obligation, and does not do so within the stipulated payment term of 14 days, the Buyer will first receive a written reminder before becoming in default, after which they will receive a reminder informing them of the consequences of the default.
- As from the date that Buyer is in default, Sparklest shall, without further notice of default being required, claim statutory interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Section 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
- If Sparklest has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Any judicial and enforcement costs incurred shall also be borne by the Buyer.
Article 11 - Warranty
- Sparklest does not guarantee that the products meet the specifications, usability and/or soundness stated in the offer and the statutory rules/regulations at the time of the conclusion of the agreement. Sparklest does not guarantee the existence of defects to the products delivered, but Sparklest shall endeavour to deliver the products delivered in accordance with the agreement. The actual shelf life of products cannot be guaranteed.
- The warranty mentioned above applies for the scope and for a period corresponding to the manufacturer's warranty. Sparklest is never responsible for the suitability of the products for each individual application by the Purchaser and for (advice on) the use or application of the products.
- All products offered by Sparklest have a CE marking, as well as the name and address of the manufacturer.
- In case the goods to be delivered do not comply with these guarantees, Sparklest shall replace the goods within a reasonable period of time after receipt thereof or, in case return is not reasonably possible, written notice of the defect by Buyer, at Sparklest' discretion, or take care of repair. In the event of replacement, Buyer undertakes to return the replaced item to Sparklest and to transfer the title to Sparklest if this is required by Sparklest for a refund.
- The guarantee referred to herein before shall not apply if the defect has arisen as a result of injudicious or improper use or if, without the written consent of Sparklest, Purchaser or third parties have made changes or attempted to make changes to the item or have used it for purposes for which the item is not intended or have been used under abnormal circumstances.
- If the guarantee provided by EasyLifters concerns an item produced by a third party, the guarantee shall be limited to the guarantee provided by the manufacturer of the item in question.
- EasyLifters points out that certain products, including external care products, have a limited use-by date, which is stated on the product in question at all times. Purchaser must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
- In case of questions concerning the application of care products and the elaboration of certain ingredients, and their suitability for Buyer, Buyer may contact EasyLifters with questions in a general sense, or ask his own (family) physician for concrete advice.
Article 12 - Suspension and dissolution
- EasyLifters shall be authorised to suspend the fulfilment of its obligations or to dissolve the agreement in the event that the Buyer fails to fulfil its (payment) obligations under the agreement or fails to fulfil them in full.
- In addition, EasyLifters shall be authorised to dissolve the existing agreement(s) between itself and the Purchaser, insofar as they have not yet been performed, without judicial agreement, in the event that the Purchaser fails to fulfil its obligations arising from any agreement entered into with EasyLifters on time or properly.
- EasyLifters shall furthermore be entitled to dissolve the agreement without prior notice of default if circumstances arise of such a nature that performance of the agreement is impossible or can no longer be required in accordance with the standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement can no longer be reasonably expected.
- If the agreement is dissolved, EasyLifters' claims against the Buyer shall become immediately due and payable. In the event EasyLifters suspends the fulfilment of its obligations, it shall retain its rights under the law and the agreement.
- EasyLifters always retains the right to claim damages.
Article 13 - Limitation of liability
- If the performance of the agreement by EasyLifters leads to EasyLifters' liability towards the Purchaser or third parties, such liability shall be limited to the costs charged by EasyLifters in connection with the agreement. The liability shall in any event be limited to the maximum amount of damages paid by the insurance company per situation.
- EasyLifters' liability shall furthermore be limited to the repair of a defective item free of charge or the replacement of that item - or a part thereof - at EasyLifters' discretion.
- EasyLifters shall not be liable for consequential loss, indirect loss, trading loss, loss of profit and/or loss, missed savings, loss due to business stagnation and loss resulting from the use of products supplied by EasyLifters. For consumers the limitation extends to what is permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.
- EasyLifters is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- EasyLifters is not responsible for errors and/or irregularities in the functionality of the website and is not liable for any malfunction or unavailability of the website for any reason.
- EasyLifters does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of EasyLifters, nor its timely receipt..
- Any and all claims of Buyer on account of failure on the part of EasyLifters shall lapse if they have not been reported to EasyLifters in writing, stating reasons, within one year after Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.
- EasyLifters expressly rejects all liability and claims of Buyers and third parties who have suffered (physical) damage as a result of using the products. The products must only be used in accordance with the instructions for use and never exceed the daily quantity. In the event of medication use, the Purchaser must consult his general practitioner at all times.
- Any advice given by EasyLifters on the use of the products is only general and non-binding in nature. Each Purchaser shall judge for himself on his own responsibility whether the product is suitable for him. In case of doubt, the (family) physician of Purchaser should be contacted for an assessment for the use in the specific case.
- Personal care products and electrical appliances should be kept out of the reach of young children. In addition, the products should be stored according to the instructions for use determined for each product. EasyLifters advises to consult an expert before using the personal care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.
Article 14 - Transfer of risk
The risk of loss of or damage to the products that are the subject of the agreement shall pass to Buyer at the moment the goods leave EasyLifters' warehouse. Even if the goods are brought under the control of Buyer and/or third parties, the risk shall pass to Buyer.
Article 15 - Force Majeure
- EasyLifters shall not be liable if, as a result of a situation of force majeure, it is unable to fulfil its obligations under the agreement, nor shall it be obliged to fulfil any obligation if it is hindered to do so as a result of a circumstance for which it is not to blame, and which is not for its account by virtue of the law, a legal act or generally accepted views.
- Force majeure shall in any case include, but is not limited to, what is understood in this respect in law and case law, (i) force majeure of EasyLifters' suppliers, (ii) failure of suppliers to properly fulfil their obligations, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the Internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the business of EasyLifters and (xi) other situations which, in the opinion of EasyLifters, fall outside its sphere of influence which temporarily or permanently prevent the fulfilment of its obligations.
- EasyLifters shall be entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after EasyLifters should have fulfilled its obligation.
- The parties may suspend the obligations arising from the agreement during the period of force majeure. If this period lasts longer than two months, each of the Parties shall be entitled to dissolve the Agreement, without any obligation to compensate the other Party for damages.
- To the extent that EasyLifters has already partially fulfilled or will be able to fulfil its obligations under the agreement at the time when force majeure occurs, and to the extent that EasyLifters has already fulfilled or will be able to fulfil its obligations under the agreement.
EasyLifters shall be entitled to separately invoice the part already fulfilled or to be fulfilled respectively. Purchaser shall be obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual Property Rights
- All IP rights and copyrights of EasyLifters belong exclusively to EasyLifters and are not transferred to Buyer and/or User.
- Purchaser shall be prohibited from disclosing and/or reproducing, altering or making available to third parties all documents covered by EasyLifters' IP rights and copyrights without EasyLifters' express prior written consent. In the event that Buyer wishes to make changes to.
- EasyLifters delivered goods, EasyLifters must explicitly agree to the intended changes.
- Buyer shall be prohibited from using the products to which the intellectual property rights of EasyLifters are attached in any other way than agreed upon in the agreement.
- In the event Purchaser discovers an infringement of EasyLifters' intellectual property rights, or otherwise suspects a (possible) infringement of the IP rights and copyrights, Purchaser shall inform EasyLifters thereof as soon as possible.
Artikel 17 - Privacy, data processing and security
- EasyLifters treats the (personal) data of Purchaser and Users of the website(s) with care and will only use them in accordance with the privacy statement. If requested, EasyLifters will inform the person concerned about this.Inform. Questions about the processing of personal data and further information can be sent by e-mail to info@EasyLifters.nl.
- In the event that EasyLifters is required by the agreement to provide security for information, this security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the information and the associated costs.
Article 18 - Complaints
- In the event Buyer is not satisfied with EasyLifters' service or products or otherwise has complaints about the purchase agreement, Buyer shall be obliged to report these complaints as soon as possible, but at the latest within 2 weeks after the relevant reason that led to the complaint. Complaints may be reported via contact@EasyLifters.nl with the subject "complaint".
- The complaint must be sufficiently substantiated and/or explained by the Buyer, if EasyLifters is to be able to deal with the complaint.
- EasyLifters will respond to the content of the complaint as soon as possible, but no later than 5 working days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 19 - Applicable law
- Every agreement between EasyLifters and Purchaser shall be governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of an interpretation of the contents and purport of these general terms and conditions, the Dutch text shall always prevail. EasyLifters shall be entitled to amend these general terms and conditions unilaterally.
- All disputes arising from or in connection with the agreement between EasyLifters and Purchaser shall be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.