General terms and conditions

Lucenza : Lucenza , established in Groningen under Chamber of Commerce number : 87124327.  

Customer: the person with whom Lucenza has entered into an agreement.  

Parties: Lucenza and customer together.  

Consumer: a customer who is also an individual acting as a private person.  

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of LUCENZA .  

Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.  

The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.  

All prices used by LUCENZA are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.  

All prices that LUCENZA uses are for products, on its website or otherwise made known, LUCENZA can change at any time.  

Increases in the cost prices of products or parts thereof, which LUCENZA could not foresee at the time of making the offer or concluding the agreement, may give rise to a price increase.  

The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.  

If the customer does not pay within the agreed term, LUCENZA is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.  

If the customer is in default, he will also owe LUCENZA extrajudicial collection costs and any damages .  

The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.  

If the customer does not pay on time, LUCENZA may suspend its obligations until the customer has fulfilled its payment obligation.  

In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, LUCENZA 's claims against the customer shall be immediately due and payable.  

If the customer refuses to cooperate with the execution of the agreement by LUCENZA , he is still obliged to pay the agreed price to LUCENZA .  

As soon as the customer is in default, LUCENZA is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.  

LUCENZA invokes the right of complaint by means of a written or electronic communication.  

Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to LUCENZA , unless the parties make other arrangements.  

The costs of retrieving or returning the products will be borne by the customer.  

LUCENZA may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to LUCENZA , unless the customer has provided sufficient security for the costs.  

The right of retention also applies on the basis of previous agreements from which the customer still owes payments to LUCENZA .  

LUCENZA shall never be liable for any damage that the customer may suffer as a result of exercising his right of retention.  

LUCENZA shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards LUCENZA under the law for any agreement concluded with LUCENZA whatsoever, including claims relating to failure to comply.  

Until then, LUCENZA can invoke its right of retention of title and take back the goods.  

Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise store the products.  

If LUCENZA invokes its retention of title, the agreement will be deemed to have been terminated and LUCENZA will be entitled to claim damages, lost profits and interest.  

If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.  

Any additional costs resulting from premature or discontinued products will be borne entirely by the customer.  

The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.  

The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.  

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.  

Exchanging purchased items is only possible if the following conditions are met:  

Discounted items, non-durable items such as groceries, custom-made items or items specially adapted for the customer cannot be exchanged  

The customer must examine a product or service supplied by LUCENZA as soon as possible for any deficiencies.  

If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform LUCENZA of this as soon as possible, but in any case within 1 month of discovering the shortcomings.  

Consumers must inform LUCENZA of any deficiencies within 2 months of discovering them.  

The customer must provide as detailed a description as possible of the shortcoming, so that LUCENZA is able to respond adequately.  

The customer must demonstrate that the complaint relates to an agreement between the parties.  

If a complaint relates to ongoing work, this may in any case not lead to LUCENZA being obliged to perform work other than that agreed upon.  

The customer must notify LUCENZA of default in writing .  

It is the customer's responsibility to ensure that a notice of default actually reaches LUCENZA (on time).  

LUCENZA is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.  

If If LUCENZA is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.  

LUCENZA is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.  

If If LUCENZA is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.  

All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.  

The customer has the right to terminate the agreement if LUCENZA is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.  

If compliance with the obligation by LUCENZA is not permanently or temporarily impossible, dissolution can only take place after LUCENZA is in default.  

LUCENZA has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if LUCENZA has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.  

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by LUCENZA shop to fulfil any obligation towards the customer cannot be attributed to LUCENZA in a situation beyond the control of AMBS shop, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect LUCENZA to fulfil its obligations.  

The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties: unexpected power, electricity, internet, computer and telecom failures: computer failures, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.  

If a force majeure situation occurs as a result of which LUCENZA cannot fulfil one or more obligations to the customer, those obligations will be suspended until LUCENZA can fulfil them again.  

From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.  

In the event of force majeure, LUCENZA is not liable for any compensation (for damages), even if the result of the overnight situation is any advantage.  

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.  

The previous paragraph does not apply to products purchased in a physical store.  

LUCENZA is entitled to amend or supplement these general terms and conditions.  

Minor changes may be made at any time .  

LUCENZA will discuss major substantive changes with the customer in advance as much as possible.  

Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.  

Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of LUCENZA .  

These provisions apply as a provision with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.  

If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.  

A provision that is void or voidable will in this case be replaced by a provision that comes closest to what LUCENZA shop had in mind when drawing up the conditions on that point.  

Dutch law applies exclusively to any agreement between the parties.  

The Dutch court in the district where LUCENZA shop is established/practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.