Terms and Conditions
Condition 1 - Definitions
In these conditions the following terms shall mean:
- Cooling-off period: the term within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Continuing performance transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase of which is spread out over time;
- Day: calendar day;
- Distance contract: a contract in which exclusive use is made of techniques for distance communication;
- Technique for distance communication: a means of concluding a contract without the consumer and entrepreneur being physically present at the same time;
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Condition 2 - Identity of the entrepreneur
- Name of entrepreneur: One 4
- Trading under the name: Mistlampen.nl
- Chamber of Commerce no.: 81432038
- VAT identification number: NL003566715B42
- Address: Bakkershaven 12, 3113 BA Schiedam
- Availability: By appointment
- Email address: info@mistlampen.nl
Condition 3 - Applicability
- These Terms and Conditions apply to all offers and contracts of ONE 4.
- Additional conditions may apply where expressly indicated.
- Deviations are only binding if agreed in writing.
- The general terms and conditions of the Buyer do not apply, unless confirmed in writing by ONE 4.
- "Buyer" is any visitor or contracting party of ONE 4.
- ONE 4 may amend or supplement the conditions.
- ONE 4 may engage third parties in the performance of a contract.
- Use of the website or placing an order constitutes acceptance of these conditions.
Condition 4 - The offer and contracts
- Offers are invitations to make an offer and are not binding.
- An offer by the buyer is made via the website or email.
- A contract is formed upon dispatch of the order confirmation by email.
- The use of electronic communication has the same legal validity as written communication.
- Information on the website is as accurate as possible; errors cannot give rise to compensation or rescission.
- Offers are valid while stocks last.
Condition 5 - Payment
- Payment methods: Bank payment, Wero (formerly iDEAL), PayPal, Cash on delivery. New payment options may be added.
- Payment must be made within 14 days of the order confirmation.
- In the event of late payment, ONE 4 may rescind the contract or suspend delivery.
- For payment by credit card, the conditions of the card issuer apply.
- Non-payment leads to collection measures.
- The Buyer is liable for all costs arising from non-compliance.
Condition 6 - Prices
- Prices include VAT, unless otherwise indicated under dealer login.
- ONE 4 may correct errors in prices, even after confirmation.
- Delivery costs are calculated and communicated separately.
- Special offers are valid during the indicated period.
Condition 7 - Delivery and delivery time
- ONE 4 aims for delivery within 5 working days nationally, 14 working days internationally.
- For sold-out products an expected delivery time is indicated, without any rights being derived from it.
- The Buyer may refuse delivery; costs will be recovered from the Buyer.
- Delivery takes place at the address specified by the Buyer.
- Risk passes upon delivery and confirmation of receipt.
Condition 8 - Right of withdrawal and Exchanges
- The Buyer must inspect products immediately upon receipt.
- Returns can be made within 14 days; products must be in as-new condition and in their original packaging.
- ONE 4 refunds within 14 days upon correct return.
Condition 9 - Liability and Warranty
- ONE 4 applies a 1-year warranty in accordance with Dutch legislation, unless otherwise stated.
- ONE 4 is not liable for indirect damage, unless there is intent or gross negligence.
- Compensation is limited to the invoice value.
- ONE 4 is not responsible for inaccuracies on the website.
- ONE 4 may display links to external sites for which it is not responsible.
- Certain products have a limited warranty (e.g. lighting, body styling).
- Products are intended for show use or motorsport; use on public roads is at your own risk.
Condition 10 - Retention of title
- Products remain the property of ONE 4 until full payment.
- The Buyer may not dispose of or encumber the products prior to the transfer of ownership.
Condition 11 - Force majeure
- In the event of force majeure, ONE 4 may suspend or rescind its obligations without any liability for damages.
- Force majeure includes, among other things, malfunctions, strikes, supply problems and network outages.
Condition 12 - Personal data
- ONE 4 processes personal data in accordance with the Privacy Statement and applicable legislation.
Condition 13 - Cancellations
- In the event of cancellation, ONE 4 may charge 20% in costs, with a minimum of €20.00.
- Cancellation must be confirmed in writing (by email, fax or letter) by ONE 4.
Condition 14 - Applicable law and competent court
- Dutch law applies exclusively to all contracts.
- The Vienna Sales Convention is excluded.
- Disputes are submitted to a competent court in the Netherlands.
Condition 15 - Intellectual property
- All intellectual property rights belong to ONE 4 or its suppliers.
- These include patent, copyright, trademark and design rights and know-how.
- Use without permission is prohibited, except for private use related to the product.