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  2. Since 2014, the Dutch specialist in design switching material
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Terms of service

Livolo Nederland B.V.

General terms and conditions of Livolo Nederland B.V., with registered office in Sliedrecht Netherlands and offices at Leeghwaterstraat 23, 3364 AE Sliedrecht, registered with the Chamber of Commerce under number 69001855. The VAT number of Livolo Nederland B.V. is NL857684863B01.

These general terms and conditions have also been filed with the Rotterdam Chamber of Commerce.
In these conditions we write about 'customer' as client. By 'Supplier' we mean Livolo Nederland B.V..

General sales, delivery and payment terms of Livolo Nederland B.V.
Trade register in Rotterdam: (Chamber of Commerce number 69001855)

Chapter 1 Applicability
Chapter 2 Prices
Chapter 3 Delivery
Chapter 4 Transport
Chapter 5 Complaints and Money Back Guarantee
Chapter 6 Force majeure
Chapter 7 Payment
Chapter 8 Retention of title to delivered goods
Chapter 9 Warranty for delivered goods
Chapter 10 Liability of Supplier
Chapter 11 Returns
Chapter 12 General
Chapter 13 Dissolution
Chapter 14 Confidential Information
Chapter 15 Applicable law
Chapter 16 Correspondence
Chapter 17 Language
Chapter 18 Disputes
Chapter 19 Deposit
Chapter 20 Secure ordering
Chapter 21 Special provisions for business customers


1. Applicability
1.1 These provisions apply to all quotations, agreements, execution of orders and deliveries of Livolo Nederland B.V. of which company the trade names are Livolo Nederland B.V. , hereinafter referred to as Supplier.
1.2 Additional or deviating terms or conditions are only effective if the Supplier has accepted them in writing: these deviations only apply to the agreement under which they were made.
1.3 If offer and acceptance refer to different general terms and conditions, only the general terms and conditions of the Supplier apply, being the terms and conditions of the offering party. The applicability of the customer's terms and conditions is expressly rejected.
1.4 All quotations are without obligation, unless they contain a term for acceptance. If a quotation contains an offer without obligation and it is accepted, the Supplier has the right to revoke the offer within 2 working days after receipt of the acceptance.
1.5 Images and descriptions in offers, prospectuses, catalogues, size and weight specifications and promotional material as well as other information provided by the Supplier do not bind it.
1.6 Assignments, orders and changes thereto are only binding for the Supplier if they have been accepted or confirmed by the Supplier in writing. The Supplier has the right to refuse an order without giving reasons and is not liable for damage that arises and/or will arise directly or indirectly from this refusal.
1.7 The scope of the Supplier's obligations is determined exclusively by the order confirmation, unless expressly agreed otherwise in writing.


2. Prices
2.1 All quotations and prices charged are ex warehouse, including sales tax (VAT) in Euros (€), unless expressly stated otherwise. The prices are based on the cost factors applicable at the time of concluding the agreement, such as materials, wages, import and export duties, levies, taxes, freight, insurance, etc.
2.2 If the cost prices or prices for which the Supplier obtains the goods and/or services from third parties change between the time the agreement is concluded and the time of delivery, the Supplier has the right to change the agreed price accordingly.


3. Delivery
3.1 Delivery times stated are indicative and are determined to the best of our ability. The Supplier makes every effort to meet these deadlines, but they are never binding. Exceeding a delivery period does not entitle the customer to compensation, termination of the agreement or suspension of any obligation.
3.2 If payment in installments has been agreed, delivery will only take place after the first agreed payment term has been paid by the customer.
3.3 The Supplier is entitled to deliver the order in parts, unless expressly agreed otherwise. In that case, a partial shipment can be invoiced separately. Each partial shipment counts as a separate delivery to which these conditions apply.
3.4 Delivery takes place at the delivery address specified by the customer. The customer is responsible for correctly and completely entering this address during the ordering process. The specified delivery address is stated in the automatic order confirmation. Checking this is the responsibility of the customer.
3.5 If an incorrect delivery address is provided, the Supplier is not liable for loss, delay or incorrect delivery of the shipment. Any additional costs for reshipment or return will be fully borne by the customer.
3.6 If the ordered products are not (or no longer) available for whatever reason, the Supplier will inform the customer of this as soon as possible. The supplier will, in consultation, offer a replacement product or refund the amount already paid.
3.7 If the Supplier cannot deliver within thirty (30) days after placing the order, the customer has the right to terminate the agreement free of charge, unless the parties have expressly agreed in writing to a different delivery period.


4. Transportation
4.1 Unless otherwise agreed, all goods ordered by the customer will be delivered by the Supplier at the risk of the customer or sent for delivery to the agreed location and in the manner determined in the order confirmation or subsequently agreed. All facilities upon delivery of the goods/services are deemed to have been provided at the risk of the customer.
4.2 The transport of the goods will take place in a manner to be determined by the Supplier.
4.3 The goods to be transported are not insured unless expressly agreed otherwise in writing. In that case, the insurance costs will be fully borne by the customer.
4.4 If the transport of the goods cannot take place for reasons beyond the Supplier's control, the Supplier is entitled to store the goods at the expense and risk of the buyer, without prejudice to the Supplier's right to payment of the purchase price.
4.5 The customer is fully responsible for correctly and completely providing the delivery address when placing the order. The delivery address specified by the customer will be confirmed in the automatic order confirmation that is sent immediately after ordering. If the delivery address is provided incorrectly, the Supplier is not liable for non-delivery or delay. Any additional shipping costs or damage resulting from an incorrectly specified delivery address will be borne by the customer.
4.6 After shipment, the customer will receive a track & trace code with which the shipment can be followed. The customer is responsible for monitoring the status of the shipment via this code.
4.7 If a shipment is indicated as delivered according to the track & trace, but has not been received, the customer must report this in writing (by email) to the Supplier within 48 hours after the indicated delivery date. Reports after this period cannot be processed; in that case the delivery is deemed to have been carried out correctly.
4.8 In the event of a notification of non-received shipment, the Supplier may request the customer to sign a declaration of non-receipt. This statement is provided by the Supplier and must be returned, fully completed and signed, within 3 working days of receipt. If the customer fails to provide this statement on time and correctly, the right to complain expires and the delivery is deemed to have been completed.


5. Complaints and money back guarantee
5.1 The Customer must check immediately after delivery whether the numbers of goods and/or services delivered correspond with the order. Any discrepancies between what was ordered and what was delivered must be notified to the Supplier by e-mail within 24 hours.
5.2 The Customer must check the delivered goods and/or services for visible defects immediately after delivery. Visible defects must be notified by the customer to the Supplier by e-mail no later than 48 hours after delivery.
5.3 Failure to comply with the provisions of paragraphs 1 or 2 of this article will result in the forfeiture of any rights of the customer.
5.4 In the event of rejection of the goods and/or services, the Supplier will, if desired, be given the opportunity to repair/redeliver the rejected goods and/or services or to carry them out in accordance with the order.
5.5 Processed and/or resold goods are deemed to have been approved, without the customer having any right of complaint.
5.6 Any complaints do not affect the payment obligations of the customer.
5.7 The Customer has the right to return an item purchased by him to the Supplier within fourteen days after delivery, after which the purchase price will be refunded by the Supplier. Shipping costs are not part of the purchase amount. These costs as well as the costs of return will remain at the expense of the Customer. A condition for a refund of the purchase amount is that both the item and the packaging are returned by the Supplier in new condition. The provisions of this paragraph do not affect what is regulated in the preceding paragraphs of this article.
5.8 Without prejudice to the provisions of the previous paragraphs, the customer who acts as a consumer has the right to terminate the agreement within fourteen (14) days after receipt of the goods without giving reasons. The Supplier provides a model withdrawal form for this purpose. The customer must return the goods to the Supplier within fourteen (14) days after the notification of dissolution. The supplier will refund the amounts already paid by the customer within fourteen (14) days after receipt of the cancellation, with the exception of the costs of returns.


6. Force majeure
6.1 Force majeure will be regarded as all circumstances of such a nature that compliance with the agreement cannot reasonably be required. Such circumstances will include: the total or partial default of a third party from whom goods and/or services must be received, restrictive government measures of any kind, mobilization, war, epidemics, strikes, company occupation, illness of personnel, business disruptions, fire, seizure, machinery defects, transport difficulties and furthermore any other circumstance that the Supplier could not reasonably have foreseen and over which the Supplier has no influence.
6.2 If, as a result of force majeure, the Supplier is unable to fulfill its obligations or is only able to fulfill its obligations with difficulty, it is entitled to suspend the agreement with the customer in whole or in part without judicial intervention or, if such suspension has lasted five months, to terminate the agreement by registered letter. In that case, the obligations under the agreement come to an end, without the parties being able to claim compensation or any other performance from each other. In the event of partial compliance by the Supplier, the customer will owe a reasonable portion of the total price.


7. Payment
7.1 All invoices will be paid by the customer in accordance with the payment conditions stated on the invoice. In the absence of specific conditions, the customer will pay within thirty days of the invoice date.
7.2 From the due date, the customer owes interest of 2% per month on the outstanding amount, whereby part of the month will be counted as a whole month, without any reminder, summons or notice of default being required by the Supplier to the customer. If the customer fails to pay the claim, the Supplier can outsource the claim, in which case the customer is also obliged to fully reimburse extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs determined in court, related to the collection of this claim or the exercise of legal rights otherwise. The Supplier is entitled to set the amount of the judicial and extrajudicial costs at a flat rate of 15% of the total amount, with a minimum of € 250 (two hundred and fifty euros).
7.3 Discount or compensation with any alleged claim against the Supplier by the customer is completely excluded.
7.4 In the event that the customer fails to fulfill any obligation arising from the agreement or does not do so in a timely manner, enters into a debt settlement with its creditors, applies for a suspension of payments or undergoes a similar procedure, becomes bankrupt, closes or transfers or dissolves its business, as well as if attachment is imposed on its behalf, any claim of the Supplier against the customer is immediately due and payable in its entirety. The Supplier also has the right to terminate the agreement without further notice of default or judicial intervention and to take back the goods already delivered but not yet paid for or to suspend the execution of the agreement, all without prejudice to the right to compensation.
7.5 The customer is deemed to have acknowledged the invoice as correct and the debt if no written protest has been made within 14 days of the date of the invoice.
7.6 If the invoice is paid in non-Dutch currency, an amount must be paid equal to the invoice amount in Euros (€) calculated at the commercial exchange rate of the day on which payment is made.


8. Retention of title to delivered goods
8.1 The delivered goods remain the property of the Supplier until the customer has fulfilled all obligations towards it, including any obligations to pay interest and costs. The customer undertakes to properly maintain the goods during this period and to insure them against all calamities.
8.2 If the same type of goods have been delivered on one or more unpaid invoices, the goods present at the customer are deemed to have been delivered on the unpaid invoices.
8.3 As long as the goods are the property of the Supplier, the customer may not resell or pledge them. In the event of violation of these prohibitions, the customer will forfeit an immediately due and payable fine without further notice of default being required. €5,000 (five thousand euros) and the purchase price is immediately due and payable in full, without prejudice to the Supplier's further claims.


9. Guarantee for delivered goods
9.1 The Supplier guarantees the proper functioning of the goods it supplies for a period of 3 years. Reliable means that the goods during this period possess the properties that may be expected on the basis of the agreement. If the delivered item shows a defect during this period, the customer is entitled to repair of the item under this warranty. The Supplier may choose to replace the item or refund the purchase price instead of repair if, in its opinion, repair cannot be required.
9.2 With regard to an item repaired or replaced on the basis of the first paragraph, the original start date of the warranty period remains in force. A new warranty period of 2 years will therefore not commence for a repaired or replaced item.
9.3. The warranty referred to in the first paragraph does not include errors and defects that are wholly or partly the result of:
a. incorrect, careless or inexpert use or failure to observe operating or maintenance instructions;
b. use in a manner other than the intended normal use;
c. external causes, such as fire or water damage;
d. assembly, installation or undoing by others than the Supplier;
e. use of materials or items that have been provided by the customer to the Supplier for processing or that have been used at the instruction or request of the customer;
f. application of methods and constructions in accordance with the customer's instructions;
g. application of a government regulation;
h. changes not authorized in writing by the Supplier that the customer or a third party makes or has made in the products or parts supplied by the Supplier in the context of warranty or maintenance;
i. usual wear and tear;
j. Livolo Nederland B.V. is not responsible for the installation of the products, the products must be installed by a recognized installer.
k. Livolo Nederland B.V. continuously strives to improve our products and can therefore stock different versions of our touch switches with LED orientation lighting. It is possible that there are visible differences in the brightness and quality of the LED lighting between older and updated versions of our products.
When installed side by side, there may be a noticeable difference between these versions. This variation is inherent to the continuous improvement process of our products. Customers who order touch switches agree to the understanding that such variations may occur and are not a defect.

9.5 The warranty referred to in the first paragraph lapses entirely if the customer does not fulfill his obligations to the Supplier, does not do so on time or does not properly fulfill them or if the customer has the item repaired or repaired himself or by a third party.
9.6 Work and repair costs outside the scope of this warranty will continue
The supplier will be charged in accordance with its usual rates.
9.7 Legal actions regarding defects must be filed within six months of the complaint within the warranty period referred to in the first paragraph, under penalty of forfeiture.
9.8 If the Supplier deems this necessary in the context of the implementation of the warranty obligations, the delivered goods will be transported and delivered by the customer at the expense and risk of the customer to a location to be determined by the Supplier.


10. Liability of Supplier
10.1 Liability for damage not covered by the customer's insurance is excluded, i.e. limited to compliance with the warranty described in Article 9, except in the case of intent or gross negligence on the part of the Supplier.
10.2 Without prejudice to the provisions of Article 5 paragraph 1 and Article 5 paragraph 2 of these conditions, any liability shall lapse if the customer has not informed the Supplier in writing of its existence within five days after discovery of any defect or the time at which any defect should reasonably have been discovered. This article is completely without prejudice to the provisions of Articles 5, paragraph 1 and 5, paragraph 2. This article therefore only relates to situations that are not covered by Articles 5(1) and 5(2).
10.3 The Seller is only liable for direct damage amounting to a maximum of 2x the invoice amount to which the order relates.
10.4 Livolo Nederland BV is a supplier of switching equipment that can also be operated via an associated app. We would like to emphasize that Livolo Nederland B.V. is not the owner of the app and therefore cannot be held liable for any malfunction or unavailability of the app. Livolo Nederland B.V. acts solely as a supplier of the switching equipment and refers users and customers to the relevant app in the Play Store for use.
Use of the app is the responsibility of the app owner, as accepted upon downloading and installing the app. The terms and conditions and privacy policy of the app owner apply to the use of the app, and Livolo Nederland BV has no control over this.
10.5 It is only possible for Livolo Nederland B.V. liable if the product has been installed by a recognized installer. The installer must make a report that the product has been installed correctly. (Article 9.3.j)


11. Returns

Consumers (private individuals)
11.1 Without prior written permission, the Supplier is not obliged to accept returns from the customer. Receiving returned shipments does not in any way mean recognition by the Supplier of the reason given by the customer for the return shipment. The risk of returned goods remains with the customer until they have been credited by the Supplier.
11.2 User only accepts returned Products if they are sent to the address specified by User:

Livolo Nederland B.V.
Leeghwaterstraat 23,
3364 AE Sliedrecht
Netherlands

11.3 For orders that qualify for free shipping due to an order amount of €150 or more, we reserve the right to charge shipping costs on the refund amount if returned products result in a final order amount that is less than €150. In such a case, the actual shipping costs will be deducted from the amount to be refunded before the credit is issued.
11.4 The supplier reserves the right to make any credit resulting from returns after deducting 10% of the price of the returned products, with a minimum of €50 (fifty euros).
11.5 The Supplier requires that Products are complete and in unused condition, and in the original and undamaged packaging. The Supplier reserves the right to recover costs from the Client in connection with non-compliance with the above criteria.
11.6 In the event that a Product is returned that does not conform to the order and/or if it appears that the defective Product has not been accepted for valid reasons, such as in the case of defect on arrival (DOA), the Supplier will replace the item or the payment will be reversed. Supplier reserves the right to choose either replacement with a new Product or refund. If the Product is defective more than fifteen (15) days after receipt, it cannot be exchanged and there is no right to a refund.
11.7 The supplier offers the option of creating a return label with the associated costs, which are for the customer to pay for the return shipment, but the customer is responsible for this shipment until the supplier has it in demonstrable possession (signature for receipt).
11.8 If the Supplier has applied a discount, promotion or other price advantage to the original order, this advantage will lapse if the order is returned in whole or in part and the remaining order value no longer meets the relevant promotion or discount conditions. In such a case, the discount granted will be deducted from the amount to be repaid by the Supplier.
11.9 The customer is liable for any reduction in value of the goods that is the result of use that goes beyond what is necessary to determine the nature, characteristics and operation of the goods. The Supplier reserves the right to deduct this depreciation from the amount to be repaid.
11.10 If returned products do not meet the return conditions set by the Supplier, the Supplier will inform the customer of this in writing or by e-mail. The customer must then inform the Supplier in writing within five (5) working days of this notification of its choice with regard to the products in question.
If the customer wishes to receive the products back, the shipping costs will be fully borne by the customer. The risk and responsibility of returning lie with the customer. The Supplier accepts no liability for loss, damage or delay during this return transport. If the customer does not respond within the set period, the Supplier is entitled to process or dispose of the products at its own discretion, without the customer being able to claim any compensation.

Business customers (B2B)
11.11 There is no legal right of withdrawal for customers who act in the exercise of a profession or business. Returns are only possible after prior written approval by the Supplier.
11.12 In the event of a return shipment accepted by the Supplier by a business customer, the Supplier is entitled to charge administration and handling costs, with a minimum of €50 or 10% of the value of the return shipment, whichever amount is higher.
11.13 The risk and costs of returns by business customers lie entirely with the customer. The Supplier accepts no liability for loss, damage or delay during this return transport.
11.14 If a business customer returns products that do not meet the return conditions set by the Supplier, the Supplier will inform the customer of this. The business customer must indicate in writing within five (5) working days what should be done with the products. When returning, the shipping costs and risk are entirely borne by the customer. If no timely response is received, the Supplier is entitled to process or dispose of the products at its own discretion, without the business customer being able to claim any compensation.

12. General
12.1 If one or more provisions of the agreement between the Supplier and the customer - including these general terms and conditions - are void or become ineffective, the remainder of the agreement will remain in force. The parties will consult with each other about the provisions that are void or not legally valid, in order to make a replacement arrangement.
12.2 Livolo Nederland B.V. only deals with customers who are in possession of the original Livolo Nederland B.V. invoice.
12.3 Supplier has a complaints procedure and handles complaints in accordance with this procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the Supplier within fourteen (14) days after they arise. The Supplier will respond substantively within a period of fourteen (14) days after receipt of the complaint. If a complaint requires a foreseeably longer processing time, the Supplier will send an acknowledgment of receipt and an indication of the term for substantive processing within fourteen (14) days.
12.4 Supplier processes personal data of customer in accordance with the General Data Protection Regulation (GDPR). The Supplier's privacy statement, as available on the website, states which data is processed, for what purposes and what rights the customer has.


13. Dissolution
13.1 In addition to the provisions of Articles 6 and 7, the parties expressly agree that the agreement will be dissolved without judicial intervention and without any notice of default being required, at the time when the customer is declared bankrupt, applies for a provisional suspension of payments, or loses the power to dispose of his assets or parts thereof due to seizure, guardianship or otherwise.


14. Confidential Information
14.1 Each party will take all reasonable precautions to keep confidential information received from the other party secret.


15. Governing Law
15.1 The obligations between the Supplier and the customer as referred to in Article 1 are exclusively subject to Dutch law. Applicability of the Vienna Sales Convention is excluded.


16. Correspondence
16.1 Correspondence to be addressed to the Supplier must be sent to Livolo Nederland B.V., Leeghwaterstraat 23, 3364 AE, Sliedrecht or to info@livolo.nl


17. Language
17.1 These general terms and conditions are in the Dutch language. In the event of a dispute about the content or scope of these general terms and conditions, the Dutch text will be binding.

18. Disputes
18.1 All disputes arising from or related to this agreement or the general terms and conditions will, unless mandatory law prescribes otherwise, be submitted to the competent court in the district where the Supplier is located.

19. Deposit
19.1 These general terms and conditions have been filed with the Chamber of Commerce Rotterdam under number 69001855. The most recently filed version or the version that applied at the time the agreement was concluded always applies.


20. Order safely
We use Secure Socket Layers (SSL) to protect your data during the ordering process. SSL is a standard protocol that uses encryption to create a secure connection between two computers on the Internet. All traffic is encrypted and the integrity and authentication of the messages, such as the identity of the sender and receiver, is guaranteed. There are two ways to check whether a secure SSL connection has been established:

- The internet address of the website starts with "https://" and not "http://".
- The key lock icon is displayed in the browser status bar. By clicking on this icon the properties and validity of the SSL certificate are displayed.

This means that your payment details and personal information are protected.

21. Special provision for business customers
If the customer acts in the exercise of a profession or business (B2B), the provisions in this chapter apply additionally. If and to the extent that provisions in this chapter deviate from the other provisions in these general terms and conditions, the provisions in this chapter will prevail.

Right of return and withdrawal
21.1 Business customers are not entitled to withdrawal or reflection period as referred to in Articles 5.7 and 5.8. Returns are only possible after prior written permission from the Supplier and under the conditions included in Articles 11.5 to 11.8.

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21.2 Complaints from business customers must be reported to the Supplier in writing no later than five (5) working days after receipt of the products. After this period has expired, any right to complain lapses. Processed or resold products are deemed to have been approved by the customer.

Payment
21.3 Unless otherwise agreed in writing, a payment term of fourteen (14) days after the invoice date applies to business customers. The Supplier is entitled to require advance payment or additional securities before making delivery.

Warranty
21.4 For business customers, only the factory warranty provided by the Supplier or the manufacturer applies. This warranty has a duration of twelve (12) months from the date of delivery, unless otherwise agreed in writing. Any additional statutory consumer rights regarding warranty do not apply.

Liability
21.5 The Supplier's liability towards business customers is limited to direct damage and up to a maximum of the invoice amount for the relevant delivery. The Supplier is never liable for consequential damage, including but not limited to lost profit, production downtime or damage due to business or data loss.

Force majeure
21.6 In the event of force majeure as referred to in Article 6, the Supplier can never be held liable for damages or dissolution towards business customers, unless the Supplier expressly confirms this in writing.

Final provision
By using this website, placing an order, or purchasing services from Livolo Nederland B.V., you agree to the general terms and conditions stated above. Livolo Nederland B.V. reserves the right to change these terms and conditions at any time. The most recent version of the general terms and conditions is always available on our website.

If you have any questions about these conditions, please contact our customer service.