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General Conditions

Article 1 - Definitions

In these presents, the below terms shall have the following meanings:

1. Entrepreneur: the physical person or legal entity offering products and/or services for order by
consumers.

2. Consumer: a physical person not acting as part of any profession or on behalf of a company who
agrees a remote contract with the entrepreneur.

3. Remote contract: a contract in which, in the framework of a system organised by the entrepreneur
for the remote sale of products and/or services until conclusion of the contract, one or more remote
communication techniques are used.

4. Remote communication technique: means which may be used to conclude a contract without the
consumer and entrepreneur meeting face to face in a single location.

5. Cooling-off period: a period during which the consumer may call upon a right of retraction.

6. Right of retraction: the possibility for the consumer to terminate a remote contract during the
cooling-off period.

7. Day: a day in the civil calendar.

8. Long-term transaction: a remote contract concerning a series of products and/or services for
which the obligation of purchase or delivery is spread over time.

9. Sustainable information support: any means allowing the consumer or entrepreneur to store
information which are personally addressed thereunto so as to be able to consult or reproduce these
at a later date and in an identical format.

Article 2 – Identity of the entrepreneur

LightPoint-Europe NV
Steendam 50
9000 Ghent
VAT BE 0430.548.950

E-mail: info@lightpoint.be
Tel.: +32 (0) 9 224.23.89
F: +32 (0) 9 225.65.58

Article 3 - Enforceability 

1. The present general conditions shall be applicable to any offer made by the entrepreneur and to
any remote contract concluded between the entrepreneur and consumer.

2. Prior to conclusion of the remote contract, the text of these presents shall be made available
to the consumer. If this is not practically possible, it shall be indicated prior to conclusion of
the remote contract, that these general conditions be consultable at the entrepreneur and shall,
upon request, be sent as soon as possible to the former free of charge.

3. If the remote contract is concluded electronically, it is possible, contrary to the previous
paragraph and prior to conclusion of the contract, to make the present general conditions available
to the consumer electronically in such manner as the latter may store these easily on any
sustainable information storage medium. If this is not practically possible, it shall be indicated
prior to conclusion of the remote contract, that these general conditions be consultable
electronically and shall, upon request, be sent electronically or otherwise as soon as possible to
the former free of charge

4. In such instance as, in addition to the general conditions, special conditions shall be
applicable to the products and services, the second and third paragraphs shall be applicable by
analogy and, in such instance as these contradict the general conditions, the consumer may always
enforce the applicable provision which is the most favourable to the latter.

Article 4 – The Offer

1. In such instance as the offer has a limited validity duration or is subject to conditions, this
shall be expressly indicated in the offer.

2. The offer shall include an exhaustive and precise description of products and/or services
proposed. The description shall be sufficiently detailed to allow for proper evaluation of the
consumer. If the entrepreneur uses illustrations, these should be loyally and faithfully reflected
in the products and/or services proposed. Any evident errors or faults in the offer shall not be
binding for the entrepreneur.

3. Any offer shall include all necessary information in order to allow the consumer to clearly
understand all of the rights and obligations pertaining to acceptance of the offer. This concerns
notably the following:

o price including all taxes;

o potential delivery costs;

o he manner in which the contract shall be concluded and the activities t undertake in this regard;

o applicability or not of the right of retraction;

o payment terms, delivery method or contract performance;

o acceptance deadline of the offer or the price validity deadline;

o the price rate for remote communication if the usage costs for the remote communication technique
are calculated on any other basis than the basic rate;

o if, following conclusion, the contract is archived, the manner in which the consumer may consult
this;

o the manner in which the consumer may be informed, prior to conclusion of the contract, of any
transactions which it does not desire in addition to the manner in which it may cancel such
transactions prior to conclusion of the contract;

o any other languages than Dutch in which the contract may be concluded;

o codes of conduct to which the entrepreneur is subject to respect and the manner in which the
consumer may consult said codes of conduct electronically;


o and the minimum term of the remote contract in such instance as the contract makes provision for
constant or periodical delivery of products or services.

Article 5 – The contract

1. Subject to the provisions appearing under paragraph 4, the contract is concluded at the time when
the consumer accepts the offer and fulfils all conditions stipulated therein.

2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm
receipt of the offer acceptance electronically. Insofar as receipt of acceptance is not confirmed,
the consumer shall be entitled to terminate the contract.

3. If the contract is concluded electronically, the entrepreneur shall take all technical and
organisational measures necessary to secure electronic transmission of data and shall ensure a
secure internet environment. In such instance as the consumer may pay electronically, the
entrepreneur shall respect all adequate security measures in this regard.

4. The entrepreneur shall be entitled to be informed, within legal timescales, of the capability of
the consumer to fulfil its payment obligations in addition to all important facts and factors for
responsible conclusion of a remote contract. If, following this analysis, the entrepreneur has good
reason not to conclude the contract, it shall be entitled to issue a justified refusal of any order
or request or to link special conditions to performance thereof.

5. The entrepreneur shall attach to the consumer product or service the following information in
writing or in any format so as the consumer shall easily be able to store these on a sustainable
information medium :

o The public address of the establishment of the entrepreneur or consumer which can be used for any
complaints;

o the conditions and manner in which the consumer may call upon the right of retraction or a clear
indication concerning the exclusion of the right of retraction;

o information regarding after-sales services and existing guarantees and warranties;

o details appearing under article 4 paragraph 3 of these presents, except if the entrepreneur has
already provided these details to the consumer prior to conclusion of the contract;

o the conditions for performance of the contract if the contract is concluded for a term of over
one year or for an unlimited term.

6. If the entrepreneur has any commitment to deliver a series of products or services, the provision
appearing in the previous paragraph shall only be applicable to the first delivery.

Article 6 – Right of retraction for delivery of products

1. At the time of purchase of products, the consumer shall be entitled to terminate the contract
without justification for a period of 14 (fourteen) days. This term shall become effective the day
following receipt of the product by the consumer or on behalf of the latter.

2. During this term, the consumer shall handle the product and packaging with all due care and
attention. It shall only unpack or use the product insofar as this is necessary in order to evaluate
whether or not it wishes to retain the product. If the right of retraction is used, the product
shall be returned to the entrepreneur – insofar as practically possible – in its original condition
and in the packaging pursuant to reasonable and clear instructions from the entrepreneur.

Article 7 – Costs pertaining to retraction

1. In such instance as the consumer calls upon the right of retraction, only return postage costs
shall be payable.

2. If the consumer has paid any amount, the entrepreneur shall reimburse this amount as soon as
possible, and at the latest within 30 days following return.

Article 8 – Exclusion of right of retraction

• In such instance as the consumer does not call upon the right of retraction, this may only be
excluded by the entrepreneur if the latter has clearly indicated this in the offer at the necessary
time prior to conclusion of the contract.
• Exclusion of the right of retraction is solely possible for the following products:

a. created by the entrepreneur pursuant to consumer specifications;

b. clearly personalised products;

c. which may not be returned due to their nature;

d. which spoil or are quickly out of date;

e. for which the price is liked to financial market fluctuations over which the entrepreneur has no
influence;

f. which are individual newspapers or magazines;

g. which are audio or video recordings or computer software for which the consumer has broken the
seal.

• Exclusion of the right of retraction is solely possible for the following services:

a. which concern accommodation, transportation, a catering firm or entertainment to be undertaken at
an exact date or during an exact period;

b. for which presentation has begun following express agreement by the consumer prior to expiry of
the cooling-off period;

c. concerning bets and lotteries.

Article 9 – Price

1. During the term of validity indicated in the offer, the price of products and/or services
proposed shall not be increased aside for any price adjustments following VAT modifications.

2. In derogation to the previous paragraph, the entrepreneur may propose products and services at
variable prices for those products and services which are linked to financial market fluctuations
and over which the entrepreneur has no influence. This link to fluctuations and the fact that any
prices eventually indicated are done so as a guide shall be indicated in the offer.

3. Price increases within 3 months following conclusion of the contract shall solely be authorised
if they result from legal measures or provisions.

4. Price increases after 3 months following conclusion of the contract shall solely be authorised if
the entrepreneur has stipulated such and :

o a. if these result from legal measures or provisions;

o b. if the consumer is entitled to terminate the contract prior to the effective date of the price
increase.

5. Prices indicated in the product or service offer shall be inclusive of VAT.

Article 10 – Compliance and Warranty

1. The entrepreneur hereby undertakes that the products and/or services comply with the contract,
the specifications which are indicated in the offer, with all reasonable requirements concerning
quality and/or usage rate and with legal provisions and/or provisions indicated by the authorities
with competence on the date of contract conclusions.

2. A warranty is offered by the entrepreneur, manufacturer or importer and does not, in any manner
whatsoever, prejudice or obstruct the rights and complaints which the consumer may have against the
entrepreneur concerning any default in respecting its obligations founded on law and/or the remote
contract.

Article 11 – Delivery and performance

1. The entrepreneur shall oversee to provide all due care and attention to receipt and delivery of
product orders and to evaluating requests for service provision.

2. The location of delivery shall be the address indicated by the consumer to the company.

3. In full respect of the stipulations on this matter as indicated under article 4 of these
presents, the company shall perform all accepted order in a prompt manner, and at the latest within
30 days, unless a longer delivery period has been agreed. If delivery suffers any delay or if an
order may not be performed in whole or in part, the consumer shall be informed at the latest one
month following placement of the order. In such instance, the consumer shall be entitled to
terminate the contract without cost and shall additionally be entitled to seek compensation where
applicable.

4. In the event of termination pursuant to the previous paragraph, the entrepreneur shall reimburse
as soon a practically possible, and at the latest within 30 days following termination, the total
amount paid by the client.

5. If delivery of any product ordered is not possible, the entrepreneur shall ensure all measures
are taken so as to ensure availability of a replacement. In such instance as a replacement is
delivered, this shall be indicated in a clear and legible manner at the latest during delivery. In
the event of replacement articles being delivered, the right of retraction may not be excluded.
Return postage costs shall be payable by the entrepreneur.

6. Risk of damage and/or loss of the delivery shall be borne by the entrepreneur until time of
delivery to the consumer, aside for any indication to the contrary.

Article 12 – Long term transactions

1. The consumer shall at all times be entitled to terminate any contract concluded for an unlimited
period on the condition of respecting all termination conditions and the notice period of one month
at most agreed in this regard.

2. Any contract concluded for a limited period may not exceed a period of two years. If it has been
agreed that in the event of no communication by the consumer the remote contract shall be
automatically renewed, the contract shall be renewed accordingly for an unlimited period and the
notice period following renewal of the contract shall then be for a maximum of one month.

Article 13 – Payment terms

1. Insofar as no subsequent date has been agreed, the total amounts payable by the consumer shall be
paid within a period of fourteen days following delivery of merchandise or, in the event of a
service, within fourteen days following issue of the documents pertaining to the contract.

2. During the sale of products to consumers, the general conditions may never stipulate any early
payment in excess of 50%. In the event of early [payment being stipulated, the consumer may not
claim the existence of any right concerning performance of the order, or services in questions prior
to early payment having been made.

3. The consumer shall be obligated to immediately inform the entrepreneur of any inaccuracies in
information pertaining to payments made or indicated.

4. In the event of default in payment by consumer, the entrepreneur shall be entitled, subject to
legal restrictions in force, to invoice the consumer for all reasonable fees as indicated in
advance.

Article 14 – Complaints

1. The entrepreneur shall be entitled to follow a complaints procedure which is communicated
sufficiently in advance and which deals with the complaint pursuant to said complaints procedure.

2. Any complaints concerning performance of the contract should be presented to the entrepreneur in
writing, in an exhaustive and legible manner within the agreed timescale following observation of
any defects by the consumer.

3. All complaints submitted to the entrepreneur shall receive a response within a period of 14 days
following date of receipt. If any complaint requires, in a foreseeable instance, any longer period
for processing, the entrepreneur shall respond within a period of 14 days with an acknowledgement of
receipt and indicating at what time the consumer may expect a more detailed response.

4. Any complaint pertaining to a product, service or after-sales service of the entrepreneur may
additionally be issued via a complaints form which is available at the consumer page of the website
of BECommerce. www.becommerce.be. The complaint shall then be sent to the entrepreneur concerned as
well as to CECommerce.

Article 15 – Additional miscellaneous and derogatory provisions

The additional miscellaneous or derogatory provisions to these presents shall not constitute any
prejudice or obstacle for the consumer and should be indicated in writing or in such format as they
may be easily stored by the consumer on any sustainable information medium

Article 16 - Showroom model

The number of products offered for sale under the name "Showroom Model" can be a maximum of 1.
Even though sometimes it is possible to adjust the quantity, we only have one device available.