Terms & Conditions

Article 1. General

The following definitions apply in these general terms and conditions:

1. Client: the natural or legal person who commissioned the contractor to perform the work.

2. Contractor: "Light of Halo", who concludes the contract and uses these general terms and conditions. All contracts, excluding Art. 7:404 and 7:407 § 2 of the Civil Code, are concluded with the contractor and are performed exclusively by the contractor. This also applies to situations where the client has expressed an express or implied will for the work to be performed by a specific person or persons.

3. Works: all work that has been commissioned or that the contractor performs on a different basis. This mainly concerns work carried out in the field of marketing consumer and funeral products, providing services and guerrilla trade, running online stores and companies. The above applies in the broadest sense of the word.

4. Documents: all goods made available to the contractor by the Client, including documents or data carriers, as well as all goods produced by the contractor in connection with the execution of the order.
5. Contract: any agreement between a client and a contractor under which the contractor will carry out work on the client's behalf.

Article 2. Application
1. These general conditions apply to: all offers, quotations, assignments, legal relationships, and agreements, regardless of name, under which the Contractor undertakes or will undertake to perform Work for the Client, as well as everything that results therefrom for the Business Contractors.

2. These general conditions also apply to contracts with the Contractor for the performance of which the Contractor is obliged to engage third parties.

3. Deviations and additions to these general terms and conditions are only valid if expressly agreed in writing.

4. The Contractor expressly rejects the application of the Ordering Party's general conditions.

5. The Basic Assignment/Agreement – together with these general terms and conditions – constitutes the complete agreement between the Client and the Contractor in relation to the Work for which the Agreement has been concluded. All previous arrangements or proposals made between the parties in this respect will become invalid.

6. If there is uncertainty as to the interpretation of one or more provisions of these general terms and conditions or if a situation arises between the parties that is not regulated by these general terms and conditions, clarification/assessment must be made "in the spirit of these general terms and conditions. conditions.

7. If the Contractor does not always require strict compliance with these general conditions, this does not mean that their provisions do not apply or that the Contractor will in any respect lose the right to demand strict compliance with the provisions of these general conditions. conditions in other cases. desire.

8. If individual provisions contained in these general terms and conditions become ineffective, this will not affect the validity of the remaining provisions of these general terms and conditions. The relevant provision will expire and be replaced by a new, legally permissible provision, the determination of which will be determined by the Contractor.

9. The Contractor declares that the Distance Selling Act applies to his general terms and conditions.

Article 3. Applicable law and choice of court
1. All Agreements between the Customer and the Contractor to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies to situations where the Agreement is concluded with a customer located abroad.

2. Any disputes regarding Agreements between the Customer and the Contractor to which these general terms and conditions apply will be resolved by the court having jurisdiction over the place of residence of the contractor.

3. Notwithstanding the provisions of section 2 The Customer and the Contractor may choose a different method of resolving the dispute.

4. The parties will only approach the court after making every effort to resolve the dispute by mutual consent.

 

Article 4. Commencement and duration

1. As a rule, each Agreement is concluded and begins when the Customer submits the order confirmation by signing it and the Contractor signs it. Confirmation is based on the information provided to the Contractor by the Client at a given time. The confirmation is deemed to reflect the Agreement accurately and completely. If the order confirmation has not been used, the Agreement is concluded and begins upon written agreement between the parties.

2. The Parties are free to prove the conclusion of the Agreement in another way.

3. Each Agreement is concluded for an indefinite period, unless the nature, content or scope of the order given indicates that it was concluded for a fixed period.

Article 5. Amount

1. The Agreement is concluded only after the Contractor accepts the order. The contractor has the right to refuse to fulfill the order, giving reasons, and to attach special conditions to the delivery, unless expressly stated otherwise. If the order is not accepted, the Contractor will inform about this fact within 10 business days from the date of receipt of the order.

2. Although the information contained on the website, such as prices, product descriptions and photos, is treated with the utmost care, no rights can be derived from it. The Contractor cannot be obliged to be faithful to his quotes or offers if the Client can reasonably understand that the quotes or offers, or part of them, contain an obvious error or typographical error.

 

Article 6. Conclusion of the Agreement

1. The Customer is obliged to provide the contractor with all information and documents that, in his opinion, are necessary for the proper performance of the Agreement in a timely manner, in the desired form and in the desired manner. The Contractor has the right to suspend the execution of the Agreement until the Customer fulfills the obligation referred to in the previous paragraph.

2. The Customer is obliged to immediately inform the Contractor about facts and circumstances that may be important in connection with the implementation of the Agreement.

3. The Contractor will perform the Works to the best of his ability and with due care. However, the Contractor cannot guarantee that the intended result will be achieved. The contractor also takes the utmost care when creating the website. However, any errors or omissions do not cause the Contractor to be liable.

4. The Contractor has the right to commission the performance of certain Works to a person or third party designated by the Contractor, without notice or express consent of the Client, if in the opinion of the Contractor this is desirable.

5. If the work will be performed by the Contractor or third parties engaged by the Contractor as part of the order at the principal’s location or in a place indicated by the Principal, the Principal will make available the justified need of these employees free of charge.

6. The Contractor is entitled to perform the Agreement in various phases, make partial deliveries and separately invoice the part completed in this way.

7. If the Agreement is implemented in stages, the Contractor may suspend the implementation of parts belonging to the next stage until the Client approves the results of the previous stage in writing.

8. If, during the term of the Agreement, Works are performed for the benefit of the Client's profession or business that are not covered by the Work covered by the Agreement, these Works shall be deemed to be performed based on separate Agreements.

9. Any periods specified in the Agreement within which the Works must be completed are approximate and not exact dates. Exceeding this deadline does not constitute an alleged failure on the part of the Contractor and therefore does not constitute a basis for terminating the Agreement. The deadlines within which the Works must be completed are to be considered strict deadlines if this has been expressly and concisely agreed between the Client and the Contractor.

10. If the Client fails to properly fulfill his obligations towards the Contractor, the Client shall be liable for any damage caused to the Contractor arising directly or indirectly because of this.
 

Article 7. Delivery and right to withdraw from the contract

1. Delivery of goods/products takes place on the premises of the Contractor's company. The customer is obliged to purchase the products when they are made available. If the Customer does not provide information or instructions necessary to complete the delivery, the Contractor is entitled to store the products at the Customer's expense and risk. The risk of loss, damage or loss of value passes to the Customer when the products are made available to him. After accepting the products, the customer signs the receipt, after which any claim for compensation for delivery is excluded.

2. Delivery by the Contractor will be efficient and, as a rule, within max. 20 business days from placing the order, but no later than 30 days, unless the Contractor indicates otherwise. In the event of a delay in delivery, the Contractor will inform the Customer about this fact in writing (e-mail) within 1 month from the date of placing the order. The Customer may terminate the Agreement free of charge and without delay in the event of failure to deliver within 30 days. If the delivery deadline is not exceeded, the customer is not entitled to compensation.

3. If you pay via iDeal, the products will be delivered within a maximum of 20 business days (if they are not immediately available in stock, it will be a maximum of 30 business days). If the Customer transfers the amount himself (not via iDeal), the order will be processed within 10 business days from the date of receipt of the payment to the Contractor's bank account.

4. If the received products do not correspond to the ordered products, the Customer is obliged to report this to the Contractor in writing (e-mail) after receiving the products. The Customer will not use the products without the Contractor's consent.

5. If the delivered product has manufacturing defects, the Customer is obliged to immediately report it to the Contractor in writing (e-mail) + attach a video of the opening of the package (more in point Article 14. Liability and compensation)

6. By making a purchase, the customer confirms that he has read the returns policy.

As Light of Halo company offers fully personalized products, returns are not possible.
By placing an order, the customer confirms that he has read and accepts these regulations (Terms & Conditions).

7. Light of Halo company is not responsible for the loss, theft, damage of ashes or other memorabilia needed to make the necklace, which the customer sends at his own risk.

8. Light of Halo company makes every effort to best protect the products sent to the customer. For this purpose, we send photos to the customer with each order to ensure that the shipment is secured in the best possible way. Light of Halo is not responsible for the loss, destruction, or theft of goods on the way to the customer. This responsibility is transferred to the courier/postal company (or other form of shipping) chosen by the customer.

9. Only products with factory damage documented by video or photos taken on the day of receipt of the shipment are subject to return.

Light of Halo company is not responsible for mechanical damage like breaking the chain or other demage caused by using the product, loss of the product or theft.

Article 8. Payment

1. Product prices may be increased after purchase if legal provisions or provisions are introduced that the Contractor is obliged to comply with. In the event of a price increase, the Customer has the right to withdraw from the distance contract.

2. The prices of the offered products are given in euro and Polish zloty (PLN) and include VAT and clearly defined additional shipping costs (the shipping price depends on the shipping country), all taxes and other fees, unless otherwise specified or agreed in writing.

3. Payment will be made in one of the methods indicated in the ordering process. Additional fees may be added to your order depending on your payment method and local taxes beyond Light of Halo's control.

4. If the Customer is in arrears with payments for the ordered goods, the contractor has the right to suspend or terminate (performance) the relevant Agreement and contracts related thereto.
 

Article 9. Reservation of ownership

Ownership of the product delivered by the Contractor will only be transferred to the Customer when the Customer has paid in full in accordance with the Agreement between the Contractor and the Customer.
 

Article 10. Confidentiality

1. The Contractor is obliged to maintain confidentiality towards third parties not participating in the performance of the Agreement. This confidentiality applies to all confidential information provided to it by the Client and the results obtained as a result of its processing.

2. The Contractor is not entitled to use the information provided to him by the Client for any purpose other than the one for which he obtained it, unless the Client has given the Client's consent.

3. The Client consents to the registration and use of his/her personal data in accordance with the Dutch Act on the Protection of Personal Data, which the Contractor has obtained in the normal course of business, for the Contractor's own use and for the use of third parties involved in the distribution process to and from the Client.

Article 11. Intellectual and industrial property rights

1. The Customer is obliged to respect all intellectual and industrial property rights fully and unconditionally to the products delivered by the Contractor.

2. Copyright for texts, images, names, and logos contained on the Website are subject to copyright. The Client may not use, copy, distribute, transmit, publish, or reproduce in any other way without the prior written consent of the Contractor.
 

Article 12. Force majeure
1. The Contractor is not obliged to fulfil any obligation towards the Client if force majeure prevents him from doing so.

2. In these general conditions, force majeure means any defects that cannot be attributed to the Contractor, as they are not the result of his fault and do not constitute his liability in accordance with legal regulations, legal acts or generally accepted views.

3. Without prejudice to his other rights, in the event of force majeure, the Contractor has the right, at his own discretion, to suspend the execution of the order or terminate the Agreement without court intervention, notifying the Customer in writing. The whole or part of the order and without any obligation on the part of the Contractor to pay any compensation unless such compensation would be unacceptable in the circumstances according to standards of reasonableness and fairness.

4. Provided that, at the time of force majeure, the Contractor has partially fulfilled its obligations under the Agreement or will be able to perform them, and the part fulfilled or to be fulfilled is assigned an independent value, the Contractor is entitled to fulfill the obligations already fulfilled or to be fulfilled. The Customer is obliged to pay this invoice as if it were a separate Agreement.
 

Article 13. Complaints and disputes
1. The customer is obliged to check the delivered goods for defects immediately after receiving them. Any defects should be reported to the Contractor in writing, attaching visual material (video/photos) to the e-mail address: hello@lightofhalo.com, stating the reason within 7 business days of their detection.

2. If the Customer has demonstrated that the products are factory damaged, the Contractor has the option of replacing the product with a new or repaired one after returning the defective goods to the contractor.

3. If the dispute between the Client and the Contractor has not been resolved to the Client's satisfaction, the Client may refer the dispute to an independent arbitration committee. Furthermore, the dispute may be referred to the competent Dutch court.

4. By making a purchase, the customer confirms that he has read the returns policy.
As Light of Halo company offers fully personalized products, returns are not possible. By placing an order, the customer confirms that he has read and accepts these regulations (Terms & Conditions).           

Article 14. Liability and compensation
1. The Contractor is liable to the Customer only for damages that are a direct result of (related series of) attributable shortcomings in the performance of the Agreement.
2. The Contractor is not liable for damage caused to the principal or third parties resulting from the action or omission of assistants employed by the Contractor (excluding the Contractor's employees), even if they work for an organization associated with the Principal. The Contractor.

3. The Contractor is not responsible for damage or destruction of the product or documents during transport or shipment by post or courier. During the implementation of the Agreement, the Customer and the contractor communicate with each other electronically. The Principal and the Contractor are not mutually liable for any damage that may result to one or each of them as a result of using electronic means of communication, including, but not limited to: for damages resulting from non-delivery or delay in delivering electronic communications by third parties or by software/device used to send, receive or process electronic communications, transmission of viruses and failure or malfunction of the telecommunications network or other means necessary for electronic communication. Both the Client and the Contractor will do or refrain from doing everything that can reasonably be expected of each of them to prevent the above from occurring. threats. Data extracted from the sender's computer systems constitute persuasive evidence of the (content) of electronic communications sent by the sender until the recipient provides evidence to the contrary.

4. The Contractor is not responsible for the method of shipping the ashes or other memorials that will be placed in the pendant to the office of the Light of Halo company located in Amsterdam.

5. The Contractor has the right at any time, if and to the extent possible, to repair or limit the Customer's damage by repairing or improving the defective product (after prior documentation of the product's manufacturing defect).

6. The Contractor makes every effort to protect the goods as best as possible against damage during transport (each shipment is documented with photos - how it was secured and packed). The Contractor is not responsible for the loss of goods during transport, destruction, or theft of goods during transport.

7. The customer undertakes to record a video when opening the package (this is highlighted on the label/seal securing the package against opening). If the customer does not comply with the contractor's request and instructions, the customer thereby waives the right to request a new product or replacement in the event of any product defect.

8. The Light of Halo company is not responsible for the loss, theft, damage of ashes or other memorabilia needed to make the necklace, which the customer sends at his own risk.

9. The Light of Halo company makes every effort to best protect the products sent to the customer. For this purpose, we send photos to the customer with each order to ensure that the shipment is secured in the best possible way. Light of Halo company is not responsible for the loss, destruction or theft of goods on the way to the customer. This responsibility is transferred to the courier/postal company or other form of shipping chosen by the customer.

10. The limitations of liability contained in this article do not apply if the damage was caused by intentional action or gross negligence of the client or his subordinates.

Article 15. Expiry date
Unless otherwise specified in these general terms and conditions, the Customer's rights of action and other rights for any reason against the contractor in connection with the performance of the Work by the Contractor shall expire in any case after one year from the time at which the Customer becomes aware or could have reasonably learn about the existence of these rights and entitlements. This deadline does not apply to the possibility of submitting a complaint to the designated complaints handling body(s) and/or the Disputes Board
 

Article 16. Location and change of general conditions
1. These general terms and conditions have been deposited with the Chamber of Commerce under number 94948747.

2. The general terms and conditions are also available at www.lightofhalo.com

3. The latest submitted version or the version in force at the time of establishing the legal relationship with the contractor is always valid.

4. The Dutch text of the general terms and conditions always determines their interpretation.