TERMS OF SERVICE
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of Femme Lumière
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Involved
Article 9 - Obligations of Femme Lumière upon Withdrawal
Article 10 - Exclusions of the Right of Withdrawal
Article 11 - Price
Article 12 - Fulfillment and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Cancellation, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Additional Agreement: an agreement where the consumer acquires products, digital content, and/or services related to a distance agreement, and these goods, digital content, and/or services are provided by Femme Lumière or by a third party under an arrangement between Femme Lumière and the third party.
- Reflection Period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity.
- Day: calendar day.
- Digital Content: data produced and delivered in digital form.
- Duration Agreement: an agreement that involves the regular delivery of goods, services, and/or digital content for a specific period.
- Durable Data Carrier: any means, including email, that allows the consumer or entrepreneur to store information directed personally to them, in a way that allows for future consultation or use during a period aligned with the purpose for which the information is intended and allows for unchanged reproduction of the stored information.
- Right of Withdrawal: the option for the consumer to withdraw from the distance agreement within the reflection period.
- Distance Agreement: an agreement concluded between Femme Lumière and the consumer within the framework of an organized system for distance selling of goods, digital content, and/or services, where communication is exclusively or partially through remote communication techniques.
- Model Withdrawal Form: the European model withdrawal form included in Appendix I of these terms and conditions.
- Femme Lumière: the legal entity as defined in Article 2, offering products, (access to) digital content, and/or services remotely to consumers as outlined in these general terms and conditions.
- Remote Communication Technique: a medium that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same location.
Article 2 – Identity of Femme Lumière
- Business Name: Femme Lumière
- Registered Address:
Geurdeland 17G
6673DR Andelst
The Netherlands
- Email: info@femmelumiere.com
- Chamber of Commerce Number: 90428595
Article 3 – Applicability
These general terms and conditions apply to every offer from Femme Lumière and to every distance agreement between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Femme Lumière will indicate, before the distance agreement is concluded, where the terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, the text of these terms and conditions may be made available electronically before the distance agreement is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or in another manner free of charge upon request.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If Femme Lumière uses images, these will be an accurate representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind Femme Lumière.
Each offer contains enough information to make it clear to the consumer what rights and obligations are connected to the acceptance of the offer.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and complies with the conditions set forth.
If the consumer has accepted the offer electronically, Femme Lumière will confirm receipt of the acceptance by electronic means. Until the acceptance is confirmed by Femme Lumière, the consumer may cancel the agreement. After receiving this confirmation, the consumer can no longer cancel or withdraw from the agreement, although the consumer can still exercise the right of withdrawal (Article 6).
If the agreement is concluded electronically, Femme Lumière will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can pay electronically, Femme Lumière will apply appropriate security measures.
Femme Lumière may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as any other facts and factors that are important for responsibly entering into the distance agreement. If Femme Lumière has valid reasons to not enter into the agreement based on this investigation, it is entitled to refuse an order or request, or attach specific conditions to the execution.
Femme Lumière will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a manner that it can be easily stored on a durable data carrier:
- The address of the Femme Lumière establishment where complaints can be addressed;
- The terms and conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and existing post-purchase services;
- The price including taxes of the product, service, or digital content; if applicable, the delivery charges; and the method of payment, delivery, or execution of the distance agreement;
- The requirements for terminating the agreement if it is for a term longer than one year or of indefinite duration;
- If the consumer has the right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.