General Terms and Conditions
Article 1 – Definitions
In these general terms and conditions, the following terms apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with Spotwereld.
Day: Calendar day.
Right of withdrawal: The right of the consumer to cancel the distance contract within the cooling-off period without stating any reasons.
Model form: The form for withdrawal provided by Spotwereld.
Distance contract: An agreement whereby exclusively distance communication techniques are used, from the offer up to and including the conclusion of the agreement.
Spotwereld: The company as described in Article 2.
General Terms and Conditions: The present terms and conditions of Spotwereld.
Article 2 – Identity of the entrepreneur
Trade name: Spotwereld
Registered address: Deltazijde 10T, 1261 ZM Blaricum
Phone number: 085 333 26 72 (available Mon-Fri 08:30 – 17:00, Sat 09:00 – 17:00)
Email address: info@spotwereld.nl
Chamber of Commerce number: 84665688
VAT identification number: NL863304941B01
Article 3 – Applicability
By placing an order with Spotwereld, you declare that you have read and agree to these general terms and conditions.
These terms and conditions apply to every offer from Spotwereld and to every distance contract concluded between Spotwereld and a consumer.
If a provision in these terms and conditions proves to be void or voidable, this does not affect the validity of the other provisions. In such a case, the parties will consult to agree on a substitute provision that approximates the intent of the original as closely as possible.
Article 4 – The offer
All offers on Spotwereld's website are non-binding. Spotwereld reserves the right to adjust or withdraw the offer at any time.
Obvious errors or mistakes in the offer, such as incorrect prices due to technical malfunctions, are not binding on Spotwereld.
Product images on the website are as accurate as possible and representative of the actual product. Color differences compared to the display on your screen are possible and do not entitle you to compensation or cancellation.
All stated specifications, dimensions, and technical data are indicative. Spotwereld advises contacting them for product information if in doubt.
Article 5 – The agreement
An agreement is concluded when you place an order and Spotwereld confirms it in writing or digitally.
Spotwereld takes appropriate technical and organizational measures for the security of electronic data exchange and ensures a secure payment environment.
Within legal frameworks, Spotwereld can verify whether you can meet your payment obligations. If there are sound reasons for doing so, Spotwereld can refuse an order or attach additional conditions.
Every agreement is entered into under the suspensive condition of sufficient availability of the ordered product.
Article 6 – Right of withdrawal
Upon delivery of products
You have the right to cancel the agreement without stating reasons within 30 days of receiving the product. The cooling-off period starts on the day after delivery.
During the cooling-off period, you must handle the product and its packaging with care. You may only inspect the product in a manner that would be customary in a physical store. Use or installation of the product may limit or exclude the right of withdrawal.
To exercise the right of withdrawal, you must notify this within the cooling-off period via info@spotwereld.nl, preferably using the model form. After notification, you must return the product within 14 days.
If you have not acted in time, the purchase is final.
Article 7 – Costs upon withdrawal
The costs of return are for the consumer's account, unless the product is defective or incorrectly delivered.
Spotwereld will refund the purchase amount as quickly as possible, at the latest within 14 days after receipt of the return shipment, using the same payment method as the original transaction.
Spotwereld may wait with reimbursement until the product has been received or you have demonstrated that the product has been returned.
Article 8 – Exclusion of right of withdrawal
The right of withdrawal does not apply to:
- Products that are custom-made or assembled or ordered to the customer's specification (e.g., custom lighting sets);
- Products that are not suitable for return due to their nature;
- Products of which the seal has been broken after delivery and which cannot be returned for hygienic or safety reasons;
- Products whose price is subject to fluctuations in the financial market over which Spotwereld has no influence.
Article 9 – Price
The prices stated on the website include VAT, unless expressly stated otherwise.
Spotwereld reserves the right to change product prices. Price changes do not apply to already placed and confirmed orders, unless the change is a result of a statutory regulation.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations.
Price increases after three months are permitted if this has been contractually agreed, or if you are entitled to cancel the agreement as of the effective date of the price increase.
Printing and typesetting errors in prices are reserved and do not bind Spotwereld.
Article 10 – Conformity and warranty
Spotwereld guarantees that the delivered products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability.
You must report defects or incorrectly delivered products to Spotwereld in writing within 4 weeks after receipt via info@spotwereld.nl.
Returns under warranty must be in the original packaging or suitable substitute packaging.
In case of justified complaints, Spotwereld will, at its discretion, proceed with free repair, replacement, or reimbursement of the purchase amount.
Warranty expires if:
- The product has been exposed to abnormal conditions, moisture, or overload;
- There is normal wear and tear;
- You or a third party has made changes to the product without Spotwereld's permission;
- The product has not been handled in accordance with the provided installation or user instructions;
- The damage is the result of external causes such as lightning strikes, power surges, or transport damage after delivery.
Article 11 – Delivery and execution
Spotwereld will exercise the greatest possible care when receiving and executing orders.
Delivery takes place at the delivery address you provided.
Spotwereld aims to deliver within 5 working days after confirmation, unless otherwise agreed. All delivery times are indicative, and exceeding them does not entitle you to compensation, unless the parties have agreed on a fixed deadline.
If a product is temporarily out of stock, Spotwereld will inform you as soon as possible. In that case, you have the right to cancel the order free of charge.
The risk of loss or damage passes to you at the moment of delivery to the specified address.
In case of dissolution due to non-delivery, the amount paid will be refunded as soon as possible, at the latest within 14 days.
Article 12 – Payment
Payment must be made via the payment methods offered on the website, unless otherwise agreed in writing.
Spotwereld processes payments via a secure payment environment. You must immediately report inaccuracies in your payment details.
In case of late payment, the consumer is in default after a written reminder. From that moment, Spotwereld may charge the statutory interest, and reasonable collection costs are due in accordance with the Dutch Collection Costs Act.
Article 13 – Complaint procedure
Complaints about the execution of the agreement must be submitted fully and clearly described via info@spotwereld.nl within 7 days after discovery.
Spotwereld will respond within 14 days of receiving the complaint. If a complaint requires more time, you will receive an acknowledgment of receipt within 14 days with an indication of the expected response time.
If a complaint cannot be resolved by mutual agreement, you can submit the dispute to Stichting GeschilOnline (www.geschilonline.com) or via the European ODR platform (https://ec.europa.eu/odr).
Submitting a complaint does not suspend the payment obligation, unless Spotwereld indicates otherwise in writing.
Article 14 – Liability
Spotwereld's liability for indirect damage, consequential damage, or lost profit is excluded.
Spotwereld's total liability is in all cases limited to the invoice value of the product concerned.
Spotwereld is not liable for damage resulting from:
- Incorrect or incomplete information provided by you;
- Incorrect installation by you or a third party engaged by you;
- Use of the product in violation of the enclosed instructions;
- External causes such as weather conditions, power surges, or force majeure.
Claims for compensation expire if you have not informed Spotwereld in writing within 1 month after discovering the damage.
Article 15 – Force Majeure
Spotwereld is not obliged to fulfill any obligation if this is prevented by force majeure. Force majeure includes: strikes, fire, government measures, disruptions at suppliers, extreme weather conditions, and other external causes that are reasonably beyond Spotwereld's control.
In case of force majeure lasting longer than 30 days, both parties have the right to dissolve the agreement without being liable for compensation.
Article 16 – Disputes
Dutch law applies exclusively to all agreements with Spotwereld.
Disputes will be exclusively submitted to the competent court in the Midden-Nederland district, unless Spotwereld chooses the court of the consumer's place of residence.
Article 17 – Additional provisions
Additional provisions or provisions deviating from these terms and conditions are only valid if they have been laid down in writing or digitally and may not be to the detriment of the consumer.
Spotwereld reserves the right to change these general terms and conditions. The most current version is always available on Spotwereld's website.