Lightvest U.S.A. Jacksonville, Florida - 32068

Index:
Article 1 – Definitions Used In Terms and Conditions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – Summary of the offer
Article 5 – Nature of the contract
Article 6 – Consumer’s right of withdrawal
Article 7 – Obligations of the consumer during the deliberation
Article 8 – Exercise of the consumer’s right of withdrawal and costs associated with it
Article 9 – The trader’s obligations in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and Warranty extension
Article 13 – Delivery and execution
Article 14 – Extended duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Additional or different terms

 

Article 1 – Definitions Used In Terms and Conditions

In these conditions, the following definitions apply:
1. Additional agreement: This is an agreement whereby the consumer products, digital content and / or services acquired in connection with a contract and these goods, digital
content and / or services are provided by the trader or by a third party based on an agreement between the third party and the trader;
2. Grace period: The period within which the consumer can exercise his right of withdrawal from the agreement;
3. Consumer: the person who is acting for purposes relating to his commercial, industrial, skill or profession;
4. Day: any calendar day;
5. Digital content: A digital form of data which is produced in any digital form and delivered;
6. Term Agreement: a contract that involves the regular delivery of goods, services
and / or digital content for a certain period;
7. Durable medium: any device or instrument- including also e-mail – that a consumer or entrepreneur uses to deliver information addressed personally to him, to save content for future consultation or use for a period appropriate to the purpose for which the information is intended and those unaltered reproductions of the information which is stored;
8. Right of withdrawal: the ability of the consumer to end a contract within the waiting period of the term agreement without giving any reason;
9. Operator: the natural or legal products, (access) of digital content, and / or
provision of remote services to the consumer;
10. Remote contract: an agreement between the trader and the consumer
concluded as part of an organised remote sales of products, digital content and / or services, which until the conclusion of the agreement exclusively or is also made using one or more techniques for remote communication;
11. Model withdrawal form: the form shown in Annex I of this European Conditions
model withdrawal form. Annex I need not be provided if the consumer in respect of the order has no right of withdrawal;
12. Technique for remote communication: a means that can be used for closing a
contract without the consumer and trader having to be in the same geographical area or physically meeting.

Article 2 – Identity of the entrepreneur

Entrepreneur: Light Vest
Trade names: Lighthouse International Vest, Light Vest Netherlands, Light Vest UK, Light Vest Europe,Light Vest Germany, Light Vest Belgium, Light Vest Holland, Light Vest World Wide, Light Vest Arabia, Light Vest Asia, Light Vest Safety Vest, Light Vest Led Vest, Light Vest Vest work.
Private limited liability Light-Vest Leds Work BV
Business address: 40 Nuenen Collse Heide
Commercial Register:  68396279
VAT identification number NL8574.22.510.B01
If the activity of the entrepreneur is subject to a relevant licensing regime:
details of the supervisory authority.

If the entrepreneur is in a regulated profession:
– the professional association or organisation with which he is affiliated;
– the professional license and the place in the EU or the European Economic Area in which it was granted;
– a reference to the professional rules applicable in the Netherlands and instructions including where and how these professional rules may be obtained.

 

Article 3 – Applicability

1. These terms and conditions apply to every offer of the entrepreneur and to every
agreement reached between businesses and consumers. It includes agreements which are established remotely.
2. Before the agreement is concluded, the text of these general conditions should be made available to consumers. If this is not reasonably possible, the operator should share the information before the contract is concluded online or via other remote means. Indication of the manner in which the general conditions for the entrepreneur to meet should be accessible as soon as possible. At the request of the consumer, this information should be sent free of charge.
3. If the remote contract is electronically closed, before the contract is concluded, the text of these terms and conditions should be electronically made available to the consumer in such a way that it can be stored by the consumer in a simple way on a sustainable data provider or carrier. If this is not reasonably possible, before the remote contract is closed, the entrepreneur will indicate where the general conditions by electronic means can be taken and make sure that the consumer upon request electronically or otherwise will be sent the information free of charge.
4. In the event that a specific product in addition to these general conditions, or
service conditions are applicable, the second and third parties of the corresponding
application and the consumer in a case of conflicting terms is free to always rely on
the applicable assessment that is most beneficial to him.

Article 4 – Summary of the Offer
1. If an offer has a limited duration or is subject to conditions, this will
explicitly stated in the offer.
2. The offer should and does include a complete and accurate description of the products,
digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by allowing consumers to evaluate its advantages accurately. If the trader makes images, these are a true reflection of the
products, services and / or digital content. Consequences resulting from obvious mistakes or errors in the offer are binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and
obligations which are attached to accepting the offer.

 

Article 5 – Nature of the contract

1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment when the consumer accepts the offer and meets the corresponding set conditions which are attached to it.
2. If the consumer has accepted the offer electronically, the Entrepreneur immediately electronically confirms their receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and make it
a secure web environment for the consumer and all other parties. If the consumer can pay electronically, the entrepreneur to this end will take appropriate safety precautions.
4. The entrepreneur can – within the law – inform consumers of their own payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance contract. If the operator under this study has good reasons not to enter into the agreement, he is entitled to refuse an order or request or special conditions to implement a product or otherwise conclude the contract.
5. The entrepreneur will look upon delivery of the product, service, or digital content to the consumer by providing the following information in writing or in such a way that the consumer in an accessible manner can store the information on a durable medium,
sending along in a secure format:
a. the address of the establishment of the business where the consumer’s complaints
can be sent;
b. the conditions and how the consumers right of withdrawal can be used or conditions under which they are exempt from the right of withdrawal;
c. information about guarantees and after sales service;
d. the price including all taxes of the product, service, or digital content; to the extent that the delivery costs are applied; and other fees associated with the method of payment, delivery or performance of the distance contract are calculated;
e. the requirements for termination of the agreement if the agreement has a duration of
more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawal form.
6. In case of an extended transaction, the provision only applies to the previous paragraph on the first delivery.

 

Article 6 – Consumer’s right of withdrawal

For products:
1. The consumer may enter a contract concerning the purchase of a product and
dissolve it for a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer questions about the reason for withdrawal, but not for the consumer is not obliged to state his reason(s).
2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or in advance by the Consumer designated third party other than the carrier has received the product, or: as a consumer in one order ordered several products:. the day the consumer or a third party designated by said party has received the final product. The operator may refuse delivery of an order of several different products, provided that the consumer has been informed in a clear manner prior to the ordering process.
b. if the supply of a product consisting of multiple lots or pieces is limited on the day
in which the consumer or a third party designated by them receives the final shipment of the last part;
c. in contracts for regular delivery of goods during a certain period: the day on which the consumer or a third party designated by them first received the product.
In services and digital content which is not supplied on a tangible medium:
3. The consumer has a service contract and a contract for delivery of digital
content which is not supplied on a tangible medium for at least 14 days without giving
reasons to dissolve it. The operator may ask the consumer about their reason for revocation, but the consumer does not commit to stating his reason(s).
4. The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.
Extended grace period for products, services and digital content which is not on a tangible medium provided with no information about the right of withdrawal:
5. If the entrepreneur does not offer the consumer statutory notice of the withdrawal right or has not provided the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article.
6. If the entrepreneur has the consumer information referred to in the preceding paragraph transmitted within twelve months after the date of the initial grace period the withdrawal period expires 14 days from the day the consumer receives that information.

 

Article 7 – Obligations of the consumer during the deliberation period

1. During this period the consumer will treat the product and packaging with care. He
will only unpack or use the product to the extent necessary to establish the nature, characteristics and to determine the effect of the product. The principle is that the consumer should only handle and inspect the product as he might do in a shop.
2. The consumer shall only be liable for diminished value of the product resulting in
a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer shall not be liable for diminished value of the product in cases where the entrepreneur did not do as required by providing all information required by law about the provided withdrawal period at the conclusion of the Agreement.

 

Article 8 – Exercise of the consumer’s right of withdrawal and costs associated with it

1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the model withdrawal form or in any other manner to the unambiguous entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1 the consumer shall send back the product, and he ought to hand it to the entrepreneur or a representative of the entrepreneur. This does not place the burden on the entrepreneur to collect the product itself. The consumer has the redirection period observed in any case if he returns the product before the waiting period has expired.
3. The consumer shall send back the product with all accessories, if reasonably
possible in original condition and packaging, and in accordance with reasonable guidelines provided by the entrepreneur and their clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is on the consumer.
5. The consumer bears the direct cost of returning the product. In cases where the trader has not notified the consumer has to bear them or the trader indicating to bear the costs themselves, the consumer does not have to return the cost to wear.
6. If the consumer withdraws after first having expressly requested that the operation of the service or supply of gas, water or electricity which are not put up for sale
commences in a limited volume or certain amount during the withdrawal period, the consumer or entrepreneur, in an amount proportional to that part of the undertaking that
the employer has complied with at the time of withdrawal, may have costs compared to the full
performance of the obligation.
7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:
a. the business supplies the information to the consumer which is required by law about the right of withdrawal, allowance in case of withdrawal and the model withdrawal form has not been supplied or;
b. the consumer does not expressly start the execution of the service or supply
gas, water, electricity or district heating requested during the period of reflection.
8. The consumer shall bear no cost for the total or partial delivery of any type of digital content supplied in a tangible medium if:
a. he has not prior to its delivery expressly agreed to the start of the fulfillment of the contract before the end of the grace period;
b. He has not acknowledged that he loses his right of withdrawal when giving his consent;
or
c. the trader has failed to confirm the consumer’s statement.
9. If the consumer exercises his right of withdrawal, all complementary contracts are also automatically terminated by operation of law.

 

Article 9 – The trader’s obligations in case of withdrawal

1. If the trader receives notification of withdrawal by the consumer by any electronic means possible, they should send a confirmation immediately upon receipt of this notification.
2. The trader shall reimburse all payments to the consumer, including any delivery charges the trader will be charged for the product which is returned by the consumer immediately or within 14 days following the day on which the consumer notifies him revocation. Where the entrepreneur offers to pick up the product himself, he must wait until he repays the cost of the product received or demonstrates to the consumer that he has returned the product; whichever is the earlier.
3. The entrepreneur is obligated to repay the cost of the product using the same payment method that the consumer used unless the consumer agrees to a different method. The reimbursement is free for consumers.
4. If the consumer has chosen a more expensive method of delivery than the cheapest
standard delivery, the trader needs not to pay back the additional cost of the more expensive method.

 

Article 10 – Exclusion of right of withdrawal

The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states that in the offer, at least in time for the conclusion of the agreement stated:
1. Products or services which are in the entrepreneur’s control whose price depends on fluctuations in the financial market, which may occur within the withdrawal period;
2. Agreements concluded at a public auction. Under a public auction means a sales method by which products, digital content and / or services by the entrepreneur offered to the consumer who is present in person or opportunity will be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to
take products, digital content and / or services;
3. Service contracts after full implementation of the service, but only if:
A. The implementation is done with the express prior consent of the consumer; and
b. The consumer stated that he loses his right of withdrawal when the entrepreneur
Agreement is fully implemented;
4. Package as defined in Article 7: 500 BW and agreements of passengers;
5. Service contracts for provision of accommodation, as in the agreement a specific date or period of performance is provided, and other than for use as dwellings,
transportation, car rental services and catering;
6. Agreements related to leisure activities, if a certain agreement in the date or period of embodiment thereof is provided;
7. According to specifications for products manufactured by the consumer, not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable to be returned for reasons of protection of health or hygiene and which were unsealed after delivery;
10. Products that are inseparably mixed after delivery by their nature with other products;
11. For alcoholic beverages, the price is agreed upon conclusion of the agreement,
the delivery of which can only take place after 30 days, and of which the actual value
is dependent on fluctuations in the market on which the entrepreneur’s control is limited;
12. Sealed audio, video recordings or computer software, of which the seal after
delivery is broken;
13. Newspapers, magazines or magazines, with the exception of subscriptions thereon;
14. The supply of digital content other than on a tangible medium, but only if:
A. The implementation with the express prior consent of the consumer; and
b. The consumer stated that he thus loses his right of withdrawal.

 

Article 11 – The price

1. For consumers the prices those are offered in the period mentioned in the offer
not increased products and / or services, except for price changes resulting from changes
in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control has, at variable prices. These price targets remain at the offer.
3. Price increases within 3 months after the conclusion of the contract are only
allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only
allowed if the employer has agreed and:
A. They are the result of legislation or regulations; or
b. the consumer has the right to terminate the agreement with effect from the day
the price increase.
5. The rates in the supply of products or services include VAT.

 

Article 12 – Compliance Agreement and extended warranty

1. The entrepreneur guarantees the products and / or services to the agreement,
the specifications listed in the offer, the reasonable requirements of reliability and / or usability on the date of the conclusion of the agreement existing legislation and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. An additional guarantee provided by the company, its supplier, manufacturer or importer never restricts the legal rights and claims that the consumer has the right to under the agreement to be invoked before the operator if the operator fails to fulfill its part of the agreement.
3. additional guarantee means any undertaking by the trader, its supplier,
importer or producer certifying that certain rights or claims to the consumer grants
beyond which it is required by law in case he failed in the
fulfill his part of the agreement.

 

Article 13 – Delivery and execution

1. The trader will take the greatest possible care when receiving and in the execution of orders and products when assessing applications for
provision of services.
2. The place of delivery is the address given by the consumer to the trader.
3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur accepts orders and should deliver expeditiously but not later than 30 Days, unless a different delivery period is agreed upon. If delivery is delayed, or if an order is not or only partially implemented, the consumer should receive them no later than 30 days after he placed the order. The consumer in this case the right to change the contract without costs to dissolve the contract being applied.
4. After dissolution in accordance with the preceding paragraph, the operator has to repay the amount that consumers paid immediately.
5. The risk of damage and / or loss of products rests with the entrepreneur from the
time of delivery to the consumer or their chosen representative, unless otherwise agreed.

 

Article 14 – Extended duration transactions: duration, termination and renewal

Termination:
1. The consumer may contract for an indefinite period, which extends until the
regular delivery of products (including electricity) or services. At any time they may
denounce the applicable termination rules and give a notice to that effect not exceeding one month.
2. The consumer may conclude a contract for a definite period, which extends until the
regular delivery of products (including electricity) or services. At any time a contract may terminate at the end of the fixed term in compliance with the agreed termination rules and a notice of up to one month.
3. Consumers can adjust the agreements as mentioned in the preceding paragraphs provided that they adhere to the following guidelines:
– withdraw and not be limited to termination at a particular time or in a
certain period;
– at least terminate in the same manner as they are entered by it;
– Cancel at the same notice as the company has negotiated for itself.
Extension:
4. A contract which is entered into for a certain period, which extends up to the regular supply of products (including electricity) or services, may not be tacitly extended
or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, a contract concluded for a fixed period which
extends to the regular supply of daily and weekly newspapers and magazines tacitly
be extended for a fixed period of up to three months, as consumers this extended agreement by the end of the extension may terminate with notice not exceeding one month.
6. A contract which is entered into for a certain period, which extends up to the regular supply of products or services may be tacitly renewed for an indefinite period as the
consumer may at any time terminate with a notice period of one month. The notice period is not more than three months, when the agreement extends to the regular, but
less than once a month, delivering daily, weeklies and magazines.
7. An agreement with a limited duration of the regular delivery of daily, weeklies and magazines (trial or introductory subscription) is not tacitly continued, and automatically ends at the end of the trial or introductory duration as stated in the contract.
Expensive:
8. If a contract has a duration of more than one year, the consumer may after one year
make an agreement to withdraw a notice of up to one month, unless the reasonableness and fairness of termination before the end of the agreed term are contrary to that.

 

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions the consumer should be paid amounts due within 14 days after entering the cooling-off time, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of a contract to provide a service that captures time on the day after the consumer has received the confirmation of the agreement.
2. When consumers are selling products to consumers in general conditions they are never required to advance payment of more than 50%. If payment is agreed on, the consumer may not have any rights regarding the implementation of the order or service (s) before the advance payment is completed.
3. The consumer has the duty to correct inaccuracies in data supplied or specified payment and to report these immediately to the trader.
4. If the consumer does not fulfill its payment obligation (s), this after he
the entrepreneur has identified the late payment and the business to the consumer a period 14 days has awarded to still meet its payment obligations, after failing
payment within this 14-day period, the outstanding amount of the statutory interest
due and the entrepreneur is entitled extrajudicial incurred by him bring collection costs. These collection costs exceed 15% of outstanding amounts to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40, =. The entrepreneur can benefit from the consumers differ from these amounts and percentages.

 

Article 16 – Complaints

1. The entrepreneur has a well-publicised complaints process and deals with the complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects are described fully and clearly presented to the entrepreneur.
3. Complaints submitted to the trader will be provided with an answer within a period of 14 days from the date of receipt. If a complaint is received with a foreseeable longer processing time the operator – within the period of 14 days – should offer a message
of receipt and an indication of when the consumer may expect a more detailed answer.
4. The consumer should give the trader at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute is subject to the dispute resolution process.

Article 17 – Disputes

1. Only Dutch law applies to these general agreements between the entrepreneur and the consumer.

 

Article 18 – Additional or different terms

Additional terms and conditions may not be to the detriment of the consumer and must be established in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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