Clearlight Terms and Conditions

Privacy Statement

Clearlight V.O.F., located at Kolderveen 30d, 7948 NJ. Nijeveen, is responsible for processing personal data as reflected in this privacy statement.

Contact details:

Clearlight Home

Kolderveen 30d, 7948 NJ. Nijeveen

+31 85 401 1970

Maurijn de Wit is the Data Protection Officer of Clearlight V.O.F. He/she can be reached at maurijn@clearlight.eu

Personal data we process

Clearlight V.O.F. processes your personal data because you use our services and/or because you provide them to us yourself. Below is an overview of the personal data we process:

Special and/or sensitive personal data we process

Our website and/or service does not intend to collect data on website visitors under the age of 16. Unless they have parental or guardian permission. However, we cannot verify whether a visitor is older than 16. We therefore recommend that parents be involved in their children’s online activities to avoid collecting data about children without parental consent. If you believe that we have collected personal information about a minor without such consent, please contact us at info@clearlight.eu and we will remove this information.

For what purpose and on what basis we process personal data

Clearlight V.O.F. processes your personal data for the following purposes:

Automated decision-making

Clearlight V.O.F. takes #responsibility based on automated processing decisions about matters that could (significantly) affect individuals. These are decisions that are made by computer programs or systems, without the presence of a human being (for example, an employee of Clearlight V.O.F.). Clearlight V.O.F. uses the following computer programs or systems: #use_explanation

How long we keep personal data

Sharing personal data with third parties

Clearlight V.O.F. only provides third parties and only when necessary for the performance of our agreement with you or to comply with a legal obligation.

Cookies, or similar techniques, that we use

Clearlight V.O.F. uses functional, analytical and tracking cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you first visit this website. Clearlight V.O.F. uses cookies with purely technical functionality. These ensure that the website works properly and that, for example, your preferences are remembered. These cookies are also used to make the website work properly and to optimize it. We also place cookies that track your browsing habits so that we can provide customized content and advertisements. During your first visit to our website, we have already informed you about these cookies and asked your permission to set them. You can opt out of cookies by setting your Internet browser to stop storing cookies. In addition, you can also delete any information previously stored through your browser’s settings. For an explanation, see: https://veiliginternetten.nl/themes/situatie/cookies-wat-zijn-het-en-wat-doe-ik-ermee/

View, modify or delete data

You have the right to view, correct or delete your personal data. In addition, you have the right to withdraw your possible consent to data processing or object to the processing of your personal data by Clearlight V.O.F. and you have the right to data portability. This means that you can make a request to us to send the personal data we hold about you in a computer file to you or another organization named by you. You may send a request to view, correct, delete, data transfer of your personal data or request the revocation of your consent or objection to the processing of your personal data to info@clearlight.eu. To ensure that the request for access is made by you, we ask that you send a copy of your proof of identity with the request. In this copy, black out your passport photo, MRZ (machine readable zone, the strip of numbers at the bottom of the passport), passport number and Citizen Service Number (BSN). This is to protect your privacy. We will respond to your request as soon as possible, but within four weeks. Clearlight V.O.F. would also like to inform you that you have the opportunity to file a complaint with the national supervisory authority, the Personal Data Authority. You can do so at the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons

How we secure personal data

Clearlight V.O.F. takes the protection of your data seriously and takes appropriate measures to prevent abuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you have the impression that your data is not properly secured or there are indications of misuse, please contact our customer service department or at info@clearlight.eu

General Terms and Conditions Clearlight V.O.F. – B2B – April 2021

These general terms and conditions are filed with the Chamber of Commerce under number 81521995.

Article 1. Definitions

In these terms and conditions, the following definitions shall apply:

1. Client: a legal entity or a natural person acting in the exercise of a
   profession or business and enters into a distance contract with the entrepreneur, including below
   understand a reseller.
2. Reseller: a client dealing (reselling) in lighting and/or installation technology.
3. Day: calendar day.
4. Duration transaction: a distance contract relating to a range of products
   whose delivery and/or purchase obligation is staggered in time.
5. Durable data carrier: any means that enables the client or entrepreneur to
   store information addressed to him personally in a manner that will allow future reference
   and allows unaltered reproduction of the stored information.
6. Entrepreneur: the natural or legal person who offers products at a distance to the client.
7. Distance contract: an agreement in which, in the context of a by the entrepreneur
   organized system for distance selling of products up to and including the conclusion of the
   agreement exclusively uses one or more techniques for communication on
   distance.
8. Remote communication technique: means that can be used for the conclusion of
   an agreement, without the client and entrepreneur being in the same room at the same time
   gathered.
9. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2. Identity of the entrepreneur

Clearlight V.O.F.
Kolderveen 30D, 7948 NJ, Nijeveen
Phone number: +31 854 011 970reachable between 8:00 a.m. and 5:00 p.m.
Email address: info@clearlight.eu
Chamber of Commerce number: 81521995
Btw-identificatienummer: NL862125030B01

Article 3. Applicability

1. These general terms and conditions apply to any offer from the entrepreneur and to any up to
   established remote agreement and orders between entrepreneur and client.
2. Before the remote agreement is concluded, the text of these general
   terms and conditions made available to the client. If this is not reasonably possible, the
   before the distance contract is concluded, indicate that the general
   terms and conditions are available for inspection at the entrepreneur’s office and they are available as soon as possible at the client’s request.
   may be sent free of charge.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph
   and before the distance contract is concluded, the text of these general conditions
   made available to the client electronically in such a way that
   it can be easily stored by the client on a durable
   data carrier. If this is not reasonably possible, before the remote agreement is
   is concluded, indicate where of the general conditions electronically
   may be inspected and that, at the client’s request, they may be inspected electronically or
   will otherwise be sent free of charge.
4. If one or more provisions of these general terms and conditions at any time are wholly or
   partially void or destroyed, then the agreement and these terms and conditions shall remain for
   otherwise upheld and shall promptly replace the provision in question by mutual agreement
   be replaced by a provision that comes as close as possible to the intent of the original.
5. Situations not covered by these general terms and conditions, or ambiguities regarding
   one or more provisions, should be judged “by the spirit” of these general
   conditions.
6. The entrepreneur explicitly rejects the applicability of any
   terms and conditions used.

Article 4. The offer

1. An offer made by the entrepreneur is without obligation. The entrepreneur is entitled to offer
   modify and adapt.
2. If an offer has a limited period of validity or is made subject to conditions, it will be
   explicitly stated in the offer.
3. The offer contains a complete and accurate description of the products offered. The
   description is sufficiently detailed to allow proper evaluation of the offer by the
   client as possible. If the entrepreneur uses images, they are a
   truthful representation of the products offered. Obvious mistakes or obvious
   errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and may not be cause
   to damages or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered.
   Operator cannot guarantee that the displayed colors exactly match the true colors of the products.
6. Each offer contains such information that it is clear to the client what the rights and
   obligations attached to the acceptance of the offer.

Article 5. The agreement

1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of
   acceptance by the client of the offer and the fulfillment of the requirements set thereby
   conditions.
2. If the client has accepted the offer electronically, the
   entrepreneur without delay by electronic means the receipt of the acceptance of the offer.
   Until receipt of this acceptance is confirmed by the entrepreneur, the
   client to dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
   organizational measures to secure the electronic transmission of data and shall ensure
   For a secure web environment. If the client can pay electronically, the entrepreneur will
   observe appropriate safety measures for this purpose.
4. The entrepreneur may find out – within legal frameworks – whether the client meets
   can meet his payment obligations, as well as of all those facts and factors that are relevant
   for the responsible conclusion of the distance contract. If the entrepreneur, by virtue of
   of this investigation has good grounds not to enter into the agreement, he is entitled
   motivated to refuse an order or request or to attach special conditions to the implementation
   connect.
5. With the product or service, the entrepreneur will provide the client with the following information, in writing
   or in such a way that it can be accessed by the client in an accessible manner
   stored on a durable data carrier, enclose:
   a. the visiting address of the establishment of the entrepreneur to which the client with complaints
   can turn to;
   b. a clear notice regarding the exclusion of the right of withdrawal;
   c. the information about warranties and existing service after purchase;
   d. the requirements for termination of the agreement if the agreement has a duration of
   more than one year or of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first
   delivery.
7. Each agreement is entered into under the conditions precedent of sufficient
   availability of the products in question.

Article 6. Exclusion of right of withdrawal

The entrepreneur expressly excludes a right of withdrawal for the client.

Article 7. The prize

1. The prices mentioned on the website are leading. Unless otherwise agreed.
2. During the validity period stated in the offer, the prices of the offered
   products not increased, except for price changes due to changes in VAT rates.
3. The prices mentioned in the offer do not include VAT.
4. All prices are subject to printing and misprints. For the consequences of printing and typesetting errors
   no liability is accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to accept the
   deliver product according to the incorrect price.
5. Quoted prices are never valid for more than 30 days. Unless expressly stated otherwise and signed in writing by O. van der Zee and M. de Wit.

Article 8. Compliance and warranty

1. The entrepreneur guarantees that the products comply with the agreement, the in the offer
   specifications listed, to the reasonable requirements of soundness and/or usability and the specifications listed on the
   date of the formation of the agreement existing legal provisions and/or
   government regulations.
2. Any defective or misdelivered products should be delivered to the
   entrepreneur in writing. Return of the products should be made in the
   original packaging and in new condition.
3. The warranty period of the entrepreneur corresponds to the warranty indicated in the contract. The
   entrepreneur, however, is at no time responsible for the ultimate suitability of the
   products for each individual application by the client, nor for any advice
   Regarding the use or application of the products.
4. The entrepreneur’s liability is limited to free repair of a defective good or
   to replace that property or any part thereof, all at the discretion of the
   entrepreneur.
5. The warranty does not apply if:
   a. the client has repaired and/or processed the delivered products itself or by third parties
   has had repairs and/or work done;
   b. the delivered products have been exposed to abnormal conditions or otherwise
   are treated carelessly or contrary to the instructions of the entrepreneur and/or on
   the packaging have been handled;
   c. the unsoundness results in whole or in part from regulations issued by the government
   stated or will state regarding the nature or quality of the materials used.

Article 9. Delivery and implementation

1. The entrepreneur will take the utmost care in receiving and
   In fulfilling orders for products.
2. The place of delivery is the address that the client has made known to the company.
3. Taking into account what is stated in paragraph 4 of this article, the entrepreneur will
   execute accepted orders expeditiously but at the latest within 30 days, unless
   client has agreed to a longer delivery period. If delivery is delayed
   experienced, or if an order cannot be fulfilled or can only be partially fulfilled, you will receive a copy of the order.
   notify the client of this no later than 30 days after placing the order.
4. All delivery dates are indicative. The client cannot be held responsible for any deadlines mentioned
   rights. Exceeding a deadline does not entitle the client to
   compensation.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort
   To make a replacement item available. At the latest upon delivery, clear and
   understandable manner be notified that a replacement item will be provided.
6. The risk of damage and/or loss of products rests with the entrepreneur until the
   moment of delivery to the client or a previously designated and to the entrepreneur
   disclosed representative, unless otherwise expressly agreed or the
   client collects the products or arranges its own transport of the goods.
7. If, for any reason, the client is unable to produce a product at the
   agreed time to receive it and it is ready for shipment, the
   entrepreneur, if its storage facilities permit, at the client’s request, the product
   preserve and take all reasonable steps to prevent deterioration in quality until the
   delivered to the client.
8. The Client is obliged to pay to the Contractor the storage costs according to the storage fee in the Contractor’s
   usual rate and, in the absence thereof, according to the rate customary in the industry, to be
   reimbursed from the time a product is ready for shipment, or, if that is a
   later is, from the delivery date agreed upon in the contract.

Article 10. Duration transactions: duration, termination and renewal

1. The principal may terminate an agreement entered into for an indefinite period of time, which extends to the
   regular supply of products, at any time terminate with due regard for such
   agreed termination rules and a three-month notice period.
2. The principal may enter into an agreement entered into for a definite period of time, which extends to the
   regularly supply products, terminate at any time by the end of the specified term with
   observance of termination rules agreed upon for that purpose and a notice period of one month.
3. An agreement entered into for a definite period of time for the regular supply of
   products, is tacitly renewed for an indefinite period after the expiration of the definite period
   unless expressly agreed otherwise. Then the termination rules for a
   agreement entered into for an indefinite period, as referred to in paragraph 1 of this article.
4. If a contract has a duration of more than one year, after one year, the client is allowed the
   Agreement at any time with one month’s notice, unless reasonableness and
   fairness oppose termination before the end of the agreed term.
5. The client must notify the entrepreneur of a termination with a written statement
   make.

Article 11. Payment

1. The client is obliged to pay the full price in advance when placing the order
   comply.
2. In deviation from paragraph 1 of this article, the entrepreneur can only offer a reseller a retrospective
   offer payment option. In doing so, the Entrepreneur uses the following unless otherwise agreed upon
   a maximum outstanding amount of €3,500.
3. If a subsequent payment option as referred to in paragraph 2 of this article is agreed upon
   the full price must be paid within 14 days of the invoice date.
4. If the client fails to meet his payment obligations on time, the entrepreneur is
   authorized to consider the purchase agreement dissolved without judicial intervention. In that
   case, the client is liable for damages suffered by the entrepreneur, including
   consisting of loss of profits, transportation costs and the cost of default.
5. If the client fails to meet its payment obligations in a timely manner, the client is
   obliged to compensate all judicial and extrajudicial costs incurred by the Entrepreneur.
   (collection) fees. The extrajudicial costs are set at least 15% of the amount to be
   amount claimed with a minimum of €250. Also, the extrajudicial costs
   plus all costs for legal advice and assistance.
6. The principal has a duty to inaccurateh

Article 12. Retention of title

1. Except as provided in paragraphs 2 and 4 of this article, ownership of and risk for the
   products pass to the client upon delivery.
2. As long as the client has not paid the full price with any additional costs or
   has provided security for this, the entrepreneur reserves ownership of the products.
   In that case, ownership passes to the principal as soon as the principal fulfills all of his
   obligations to the entrepreneur.
3. If there is reasonable doubt on the part of the entrepreneur regarding the payment capacity of the
   client, the entrepreneur is authorized to postpone the delivery of goods until the
   client has provided security for payment. The client is liable for the
   damages to be suffered by the entrepreneur due to this delayed delivery.
4. If the entrepreneur, at the request of the client in accordance with the provisions of paragraph 3, the
   delays delivery, the products will remain the property of the entrepreneur and at his risk
   remain, until the goods have been delivered and delivered to the client at the location specified by
   client indicated place or places referred to in Article 9.

Article 13. Force majeure

1. The delivery period referred to in Article 9 shall be extended by the period, during which the
   entrepreneur is prevented from fulfilling its obligations due to force majeure.
2. There is force majeure on the part of the entrepreneur if the entrepreneur, after concluding
   purchase agreement is prevented from fulfilling its obligations under this agreement or the
   preparation thereof due to war, threat of war, civil war, terrorism,
   riot, molestation, fire, water damage, flood, strike, occupation, lockout, in- and
   export restrictions, government measures, defects in machinery, disruptions in supply
   of energy, all both in the business of the entrepreneur and at third parties, from whom the entrepreneur has the
   must obtain all or part of the materials or raw materials needed, as well as in the case of storage or
   during transportation, whether or not under its own control, and furthermore due to all other causes beyond the
   fault or the entrepreneur’s sphere of risk arise.
3. If delivery is delayed by more than two months due to force majeure, both the
   entrepreneur as well as the client authorized to consider the agreement terminated. In that
   case, the entrepreneur is only entitled to compensation for the costs incurred by him.
4. If the force majeure occurs while the agreement has already been partially performed, the
   client, if due to force majeure the remaining delivery is delayed by more than two months
   becomes, the power to retain either the portion of the goods already delivered and the
   pay the price owed for it, or the agreement even for that which has already been performed.
   part as terminated under obligation to consider what had already been delivered to him according to the
   entrepreneur to be returned at the expense and risk of the client, if the client
   can prove, that the part of the goods already delivered by the client is no longer
   can be used effectively as a result of failure to deliver the remaining goods.

Article 14. Liability and indemnity

1. The entrepreneur is not liable for any damage of the client that occurs because the
   client provided incorrect or incomplete information to the entrepreneur. The entrepreneur
   is not liable for damage or destruction of products in transit, if the
   transportation or shipment shall be at the initiative of the client.
2. Entrepreneur shall not be liable for any consequential, trading or indirect damages that are
   is the result of nonperformance, untimely performance or improper performance by Entrepreneur.
3. The entrepreneur is liable to the client only for damage that is the
   direct result of a (related series of) culpable failure(s) in the
   performance of the agreement. This liability is limited to the amount that according to the
   liability insurer of the entrepreneur for the case in question is paid,
   plus any excess to be borne by the entrepreneur under the insurance policy.
   risk.
4. If, for any reason, the liability insurer does not pay out, the
   liability of the entrepreneur is limited to the invoice amount, or the value of the
   products delivered or to be delivered at that time. In no case shall the total compensation of the
   damages under this article exceed €10,000, per event, where a series of
   related events counts as one event, unless the parties – given the magnitude of the
   assignment or the risks associated with the assignment – see reason to consider, when entering into the
   agreement to deviate from this maximum.
5. The limitations of liability contained in this article do not apply if and
   insofar as there is intent or deliberate recklessness on the part of the entrepreneur. The principal is
   obliged to take damage control measures.
6. The client indemnifies the entrepreneur against claims by third parties for damages that are
   is caused by the client’s failure to provide, incorrect or incomplete information to the entrepreneur.
   has provided.
7. The client indemnifies the entrepreneur for claims by third parties (employees of the
   entrepreneur and third parties engaged by the entrepreneur included) which, in connection with
   the performance of the agreement suffer damage resulting from the act or omission
   of the client or of unsafe situations in his company or organization.

Article 15. Intellectual property

1. The client is expressly prohibited from using the products in which intellectual
   property rights of the entrepreneur are contained, or products on which intellectual
   property rights pertaining to the use of which the entrepreneur has user rights
   has acquired to duplicate, disclose or exploit.
2. The client is not allowed to use the products mentioned in the first paragraph without
   prior written consent of the entrepreneur to third parties nor by
   sell, other than pursuant to any legal duty. In that
   case impose its obligations under this article on the third parties it engages.

Article 16. Dissolution

1. Without prejudice to the provisions of these general terms and conditions, the (purchase or term) agreement shall be
   dissolved without judicial intervention after a written statement at the time when the
   client is declared bankrupt, provisional suspension of payments
   requests, or a request by the entrepreneur, natural person, by the court is
   consented to the application of the debt restructuring scheme, or by attachment,
   being placed under guardianship or otherwise losing the power of disposition of his assets or parts thereof
   loses, unless the receiver or trustee has the power to enforce the contract with the business owner.
   resulting obligations as estate debt.
2. Due to the dissolution, mutually existing claims become immediately due and payable. The
   client is liable for damages suffered by the entrepreneur, including consisting of
   from lost profits and transportation costs.

Article 17. Complaint Resolution

1. Complaints about the performance of the agreement must be complete and clear within 21 days
   described be submitted to the entrepreneur, after the client has identified the defects
   observed.
2. Complaints submitted to the entrepreneur are processed within a period of 14 days from the
   date of receipt answered. If a complaint requires a foreseeably longer processing time,
   is answered by the entrepreneur within the period of 14 days with a message of
   receipt and an indication of when the client can expect a more detailed response.
3. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur in writing
   indicates otherwise.
4. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option
   or replace or repair the delivered products free of charge.

Article 18. Forum and choice of law

1. To contracts between the entrepreneur and the client to which these general
   conditions relate to, only Dutch law shall apply.
2. The applicability of the Vienna Sales Convention is expressly excluded.
3. Disputes relating to a contract between the entrepreneur and the client or with
   with respect to anything related or resulting therefrom, will be submitted
   to the competent court in the district in which the entrepreneur is located.

Article 19. Additional or different provisions

Additional or different provisions from these general conditions may not be to the detriment of
the principal are and must be in writing or in such a way that these
may be stored by the client in an accessible manner on a durable
data carrier.

Deviations from the general terms and conditions are only valid when the deviation is signed in writing by:

O. van der Zee
M. de Wit

Features date and stamp of Clearlight V.O.F.