TERM & CONDITIONS

Article 1

1.1 In these General Terms and Conditions (hereinafter: “Terms”), the following definitions apply:
The term “Contractor” in these Terms refers to:
SANY LUMIERE, registered with the Chamber of Commerce in Leeuwarden under number 657.851.50, with its statutory office in Heerenveen.

The term “Customer” in these Terms refers to: the client, buyer, contractor, or anyone who enters into or wishes to enter into an agreement with the Contractor, or for whom the Contractor makes an offer, or performs a delivery or presentation.

1.2 Deviations from the Terms can only be agreed upon in writing and apply only to the specific agreement in which such deviations were made.

1.3 These Terms are established for the benefit of any third party who, whether employed or not, is engaged in the performance of any agreement or is or may be held liable in connection therewith.

Identity of the Entrepreneur

Article 2

SANY LUMIERE
Operating under the name: SANY LUMIERE

Business and visiting address:
Kleiweg 101a, 3051GL, Rotterdam

Phone numbers: 06 57 58 87 07 – 06 44 83 1234
Email: info@SANYLUMIERE.com

Chamber of Commerce number: 78252849
VAT number: NL003307084B88

Applicability

Article 3

3.1 These terms and conditions apply to the entire offer from SANY LUMIERE.

3.2 Deviations from these terms are only valid if explicitly agreed upon in writing. Such deviations do not apply to any other (future) agreements.

3.3 The applicability of general terms and conditions used by the Customer is expressly rejected.

The Agreement

Article 4

4.1 The agreement is established at the moment the Customer accepts the offer and complies with the associated conditions.

4.2 A change or addition to an agreement is only valid when explicitly agreed upon in writing between the Contractor and the Customer.

4.3 If the Customer has accepted the offer electronically, SANY LUMIERE will confirm receipt of the acceptance. As long as this acceptance has not been confirmed, the Contractor may dissolve the agreement.

4.4 If the agreement is concluded electronically, SANY LUMIERE will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe online environment.

Offer

Article 5

5.1 If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

5.2 SANY LUMIERE’s offer is clarified by specifying the main characteristics of the product. The description is sufficiently detailed. If SANY LUMIERE uses images, these will provide an accurate representation of the offered products. Apparent mistakes or obvious errors in the offer are not binding for SANY LUMIERE.

5.3 Unless expressly stated otherwise, the prices issued by SANY LUMIERE are:

  • Exclusive of VAT and other taxes;
  • Exclusive of administration, shipping, delivery, fluid, and any other applicable costs;
  • In the case of a subscription, the total price per billing period.

5.4 SANY LUMIERE explicitly specifies the following aspects:

  • The method of payment;
  • The method of delivery;
  • Delivery timeframes;
  • The complaint handling policy;
  • Whether or not a right of withdrawal applies;
  • The legal guarantee of conformity of goods;
  • The existence of relevant codes of conduct.

Prices

Article 6

6.1 The prices are in Euros and always exclusive of VAT, unless stated otherwise.

6.2 The prices are exclusive of other costs, which may be charged separately unless otherwise agreed upon.

6.3 SANY LUMIERE reserves the right to change the agreed prices if one or more cost-determining factors increase.

6.4 All prices listed in the webshop are non-binding and subject to potential typographical errors or changes.

6.5 Offers are valid as long as the stock is sufficient.

6.6 All quotes, offers, and price indications made by SANY LUMIERE are non-binding. All images, sizes, colors, and models are for illustrative purposes only.

6.7 If SANY LUMIERE agrees on a specific price with the Customer, SANY LUMIERE is still entitled to increase the price, after notifying the Customer in writing, if SANY LUMIERE can demonstrate that significant price changes have occurred regarding raw materials, currencies, wages, or other unforeseen circumstances between the time of the agreement and the delivery.

Payment

Article 7

7.1 SANY LUMIERE offers the following payment methods: iDEAL, Credit Card (Mastercard and Visa), Mistercash/Bancontact, Paypal, and cash (only in the showroom).

7.2 All goods will only be delivered after 100% prepayment.

7.3 When ordering equipment and furniture, a deposit of 20% of the total amount excluding VAT (minimum deposit is €250) must always be paid before the goods are reserved. The remaining balance must be transferred via bank at least 2 working days before delivery. Deposits will not be refunded under any circumstances in case of cancellation or rejection of the delivery.

7.4 The Customer is obliged to report any inaccuracies in the provided or stated payment details to SANY LUMIERE.

Delivery

Article 8

8.1 SANY LUMIERE will only start the delivery of the ordered products after receiving the full order amount. SANY LUMIERE only delivers with 100% prepayment.

8.2 Orders of €70 or more excluding VAT are delivered free of charge to the Customer within the Netherlands and Belgium*. For orders under €70 excluding VAT, a shipping and administration fee of €4.95 will be charged (VAT is applicable on these additional costs).

*Please note: Liquids are excluded from this, and an additional charge of €4.95 applies.

*Please note: All treatment chairs, other furniture/equipment, and expensive equipment are also excluded, and a minimum shipping surcharge of €85 applies.

8.3 When an order needs to be delivered abroad, shipping costs of €14.95 (for Germany) will be charged. Shipping rates for other countries will be determined later.

8.4 (Web)orders are delivered within 2 working days after receipt of payment. If certain products are out of stock or if, for any reason, delivery cannot be made on time, SANY LUMIERE’s order department will contact the Customer.

8.5 The delivery address is the address provided by the Customer to SANY LUMIERE. If the address is entered incorrectly and the package needs to be resubmitted, the costs will be borne by the Customer.

8.6 SANY LUMIERE is entitled to deliver in parts. In that case, SANY LUMIERE is authorized to send separate invoices.

8.7 The Customer is obliged to accept the purchased goods when they are delivered or made available to them. If the goods cannot be accepted by the Customer for any reason, additional costs, including storage and cancellation costs, will be borne by the Customer.

8.8 SANY LUMIERE cannot 100% guarantee that goods will be delivered on the agreed delivery date. If delivery is delayed, SANY LUMIERE must be notified in writing, allowing a reasonable period of at least four weeks to fulfill the delivery. No rights can be derived from this.

8.9 Once the delivery of the products is completed, the product risk is transferred from the contractor to the Customer.

8.10 Orders will only be delivered if the Customer has no outstanding invoices.

8.11 SANY LUMIERE is free to choose the means of transport at all times. If the Customer wishes for a different method of transport, any additional costs will be borne by the Customer.

8.12 All treatment chairs, other furniture/equipment, and expensive equipment are delivered to the first threshold on the ground floor. The Customer is responsible for placing and installing the goods in the desired location.

8.13 Deliveries to a different floor of a residence or building are only made upon written request, subject to an additional charge, and must always be confirmed in writing by SANY LUMIERE. Verbal agreements are not accepted by SANY LUMIERE.

Cancellation and Complaints

Article 9

9.1 In the context of these general terms and conditions, cancellation is understood to mean the termination of the agreement by either party before the execution of the agreement. If the Customer cancels the order (whether in writing, verbally, by phone, or by email), they owe SANY LUMIERE a compensation of 30% of the total purchase amount (net). The amounts already paid by the Customer will not be refunded.

9.2 Upon the purchase of products, the Customer has the right to cancel within 5 days after the conclusion of the agreement.

9.3 If the Customer exercises their right of cancellation and the goods are en route or have been delivered, the full costs of shipping to and from will be borne by the Customer. The Customer will owe SANY LUMIERE a compensation of 40% of the total purchase amount (net).

9.4 The Customer must inspect or have the goods inspected within 5 working days after delivery. After 5 working days, complaints will no longer be accepted.

9.5 If the agreement also includes the transportation of goods, the inspection may be postponed until immediately after the arrival of the goods at their destination.

9.6 The Customer will lose the right to claim that the goods do not conform to the agreement if they do not notify SANY LUMIERE in writing of the nature of the defect within 5 working days after the goods were made available to them (in accordance with Article 9.5), or within 5 days after discovering a hidden defect.

9.7 SANY LUMIERE reserves the right to conduct its own investigation at any time.

Returns

Article 10

10.1 Exchanges or returns due to an incorrect order will be handled on a case-by-case basis. If you received a defective product or wish to return a product for another reason, you must first submit a written return request (via email). Upon approval, you will receive instructions on how to return the item. The following requirements must be met for returns:

  • A written return request must be submitted (via email) no later than 5 working days after receipt of the order.
  • Return items must be properly packaged, unused, unopened, undamaged, unwritten on, and returned in their original packaging in the manner indicated by us.

For exchanges/returns of work clothing, please refer to Article 10.6.

10.2 The order must be returned in its original packaging and condition within 5 working days after our written approval. Only returned products with a fully completed return form will be processed. SANY LUMIERE does not provide refunds; the Customer will receive store credit.

10.3 Issues with shipping by or through the company responsible for the return shipment to SANY LUMIERE are at the Customer’s risk. To prevent issues regarding the receipt of returns, SANY LUMIERE advises sending returns via registered mail. Unstamped return shipments will be refused. If the goods are returned by post, the Customer must ensure the package is adequately stamped to avoid postage costs, which will be charged to the Customer.

10.4 SANY LUMIERE reserves the right to issue only partial credit if there is suspicion that the products have been used or damaged upon receipt.

10.5 Purchases made at trade fairs and promotional products cannot be returned or exchanged.

10.6 For hygiene reasons, clothing can only be exchanged/returned under the following conditions:

  • You must notify our customer service within 3 working days via klantenservice@SANYLUMIERE.com.
  • The exchange/return must take place within 5 working days after receipt.
  • A copy of the invoice/order must be included with the return.
  • The clothing must be in original condition, packaged in original packaging, unworn, with the price tag attached.
  • Your address details and reason for return must be added to the return shipment.

If the clothing does not meet expectations, you can return the clothing. The purchase amount will be credited to your account for use on your next purchase. Any return and shipping costs are the responsibility of the buyer.

10.7 Online training courses or other digital products cannot be returned after purchase and will not be refunded.

Service and Warranty

Article 11

11.1 All products, except for those mentioned in Article 11.2, from SANY LUMIERE come with a 3-month warranty. If the product fails to function properly for an unexplained reason, the Customer can contact us in writing. If SANY LUMIERE determines that the malfunction falls within the warranty, the Customer will receive an email with the steps to follow. This decision is final and not open to discussion. Only returned products accompanied by a fully completed return form will be processed by SANY LUMIERE. If upon receipt of the returned product it is found that the malfunction does not fall within the warranty for any reason, return and repair/replacement costs will be fully charged to the Customer.

11.2 The following products have a manufacturer’s warranty of 12 months:

  • Multifunctional devices
  • Motors of all treatment chairs
  • Advanced skin improvement equipment

11.3 The warranty does not apply in the following cases/defects:

  • Damage due to improper and/or unskilled use;
  • Damage to paint, upholstery, glass, etc.;
  • Blown fuses;
  • Cable breakages;
  • Damage resulting from drops, impacts, or exposure to moisture or liquids;
  • Loose plugs and connections;
  • Repairs to components subject to wear and tear, such as rubber rings, diamond tips, seals, etc.;
  • Loose parts such as electrodes, brushes, bottles, blankets, or other parts of slimming equipment;
  • External causes (fire, flooding, etc.).

11.4 In case of a device malfunction, a free diagnosis is first performed by SANY LUMIERE’s technical service. The diagnosis determines whether the defect or problem falls under the warranty. This diagnosis is binding and is made by the technical service in consultation with the manufacturer.

11.5 If the malfunction is found to fall within the warranty period, the repair will be carried out free of charge. If the malfunction is not covered by the warranty, the repair costs will be charged to the Customer. If desired, we can provide the Customer with a non-binding price quote for the repair beforehand. The Customer must explicitly request such a quote in advance. If the Customer does not wish to proceed with the repair, the costs for return shipping or transport of the unrepaired product are fully the Customer’s responsibility.

11.6 If, upon receipt of the returned product, it is determined that the malfunction for any reason falls outside the warranty period, return and repair/replacement costs will be fully charged to the Customer.

11.7 For repairs outside the warranty period, the following costs will be charged:

  • Technician labor costs;
  • Transportation, shipping, or call-out costs;
  • Used parts.

11.8 If the repair falls under the warranty period, SANY LUMIERE will provide a replacement device upon request.

11.9 SANY LUMIERE also offers the option to rent a loan model if a device requires repair outside the warranty period. Shipping, pickup, and any loan costs will be charged to the Customer.

11.10 If the repair is not covered by the warranty period and our technical service needs to visit the Customer, travel costs will always be charged.

11.11 SANY LUMIERE reserves the right to suspend its warranty obligations as long as the Customer has not fulfilled their payment obligations.

Risk and Retention of Title

Article 12

12.1 The products are shipped at the risk of SANY LUMIERE. The Customer assumes the risk for the goods to be delivered from the moment they are offered to the Customer. All direct and indirect damages that may arise, except for gross negligence by SANY LUMIERE, are the responsibility of the Customer.

12.2 Delivered goods paid for in installments remain the property of SANY LUMIERE until the total invoice amount has been paid. This retention of title applies to all goods delivered by SANY LUMIERE.

12.3 The Customer is not permitted to transfer the goods delivered under retention of title to third parties (for security) without written permission from SANY LUMIERE. Likewise, reselling the goods without the written consent of SANY LUMIERE is prohibited.

12.4 If doubts arise regarding the Customer’s payment capacity, SANY LUMIERE is entitled to delay the delivery of the goods until the Customer provides payment security. The Customer is liable for any damage incurred by SANY LUMIERE as a result of this delayed delivery.

12.5 If the Customer fails to meet their obligations, SANY LUMIERE is entitled to reclaim the delivered goods without judicial intervention. The Customer is obliged to fully cooperate with SANY LUMIERE in this matter.

Intellectual Property

Article 13

13.1 SANY LUMIERE retains all rights and authority regarding offers, product descriptions, user manuals, brochures, presentations, flyers, video materials, and images. This means that these materials may not be reused, copied, distributed, or imitated without written permission.

13.2 The Customer is only authorized to use trade names, brands, and packaging used by SANY LUMIERE in the marketplace with explicit written permission.

13.3 If the Customer violates Articles 13.1 and 13.2, SANY LUMIERE has the right to take legal action.

Force Majeure, Suspension, and Liability

Article 14

14.1 If SANY LUMIERE is unable to meet its obligations under the agreement, or cannot do so on time or properly due to external causes and/or circumstances, whether foreseen or unforeseen, that are reasonably beyond SANY LUMIERE’s control, those obligations will be suspended until SANY LUMIERE is able to fulfill them as agreed.

14.2 Force majeure for SANY LUMIERE exists if, after the conclusion of the agreement, SANY LUMIERE is prevented from fulfilling its obligations under the agreement or preparing to do so due to war, war risk, riots, civil unrest, fire, water damage, flooding, strikes, business occupation, lockouts, import and export restrictions, government measures, machine defects, power outages, whether at SANY LUMIERE or third parties from whom SANY LUMIERE partially or fully procures the necessary materials or raw materials, and during storage or transport, whether under SANY LUMIERE’s control or not, and all other causes beyond SANY LUMIERE’s fault or control.

14.3 If SANY LUMIERE has already partially fulfilled its obligations at the onset of force majeure or can only partially fulfill its obligations, it is entitled to separately invoice the already completed portion, and the Customer is obliged to pay this invoice.

14.4 In the event of temporary force majeure, the Customer will consult with SANY LUMIERE regarding how the existing agreement will be fulfilled after the force majeure situation is resolved, whether or not in modified form.

14.5 If the party involved benefits from the temporary force majeure situation, any claim for damages is excluded.

14.6 In the case of permanent force majeure, the agreement will be dissolved. In this case, both parties will consult on the consequences of the dissolution, including any claims for damages.

14.7 SANY LUMIERE is not liable for costs, damages, or consequential damages caused by the goods it delivers or the work it performs, except for its legal (product) liability.

14.8 SANY LUMIERE cannot be held liable for damages caused by its employees or third parties engaged by it, unless the damage was caused intentionally or through gross negligence by these parties.

14.9 SANY LUMIERE is not liable for any damage arising from incorrect and/or incomplete information provided by the Customer.

14.10 SANY LUMIERE is not liable for deficiencies in the performance of the agreement by third parties engaged by the Customer based on SANY LUMIERE’s advice, such as, but not limited to, a carrier not designated by SANY LUMIERE.

14.11 SANY LUMIERE is not liable for damage resulting from improper and/or unskilled use of the product, or use that violates the accompanying instructions.

14.12 The Contractor is not liable for damages caused by or related to participation in an online training course, unless the Contractor is found guilty of intentional or gross negligence.

14.13 The Contractor has only an obligation to perform and not an obligation to achieve a specific result, and can make no claims or guarantees about possible results from participation in online training. Any examples of results during training are for illustrative purposes only and are in no way binding. Trainers and staff of the Contractor will provide as realistic a picture as possible of the content of the online training.

14.14 An online training course by the Contractor is not a professional certification but training in personal vocational skills. Participation in online training is entirely at the participant’s own risk. Each participant voluntarily chooses to participate.

Disputes

Article 15

15.1 All disputes arising from an agreement entered into by SANY LUMIERE will be exclusively settled by the competent court in Leeuwarden.

15.2 However, SANY LUMIERE is entitled to bring legal proceedings against the opposing party before the competent court in its district.

15.3 All agreements entered into by SANY LUMIERE are governed by Dutch law.

15.4 If any separate provisions of these Terms are not applicable, the remaining provisions will remain fully in force.

15.5 The Uniform Laws on the International Sale of Goods (LUVI) do not apply unless otherwise agreed in writing.

Images

Article 16

16.1 The images on the website may differ in color or dimensions. The Contractor is not responsible for any color or other discrepancies between the photo and the actual product.

16.2 The Contractor is entitled to use visual material, including photos or video recordings made during a training, for marketing purposes, unless participants or models have explicitly stated in advance that these should not be used publicly.

16.3 The Customer automatically grants permission for visual material related to products provided to them to be used by the Contractor. These images may be used on social media, advertising, and other marketing purposes.

16.4 The images and video materials of the Contractor may only be used by the Customer as specified in the purchase agreement and exclusively for professional purposes.

Privacy

Article 17

The Contractor is responsible for processing the Customer’s personal data, as described in the privacy statement on the website www.SANYLUMIERE.com.

Additional Provisions:

SANY LUMIERE only supplies to businesses. When selling via trade fairs, showrooms, and the web store, anyone who makes a purchase is considered a business, and our prices reflect this, regardless of whether they are a student. No sales are made to private individuals. If you agree to the delivery terms, you are considered a business.