GENERAL TERMS AND CONDITIONS - v7.5 Nov '22

Our legally binding Terms & Conditions are in English. Below you find a translated version in your (own) language, we have to disclaim that they are stated purely for customer-friendly reasons. If you do not understand the English version, you should consider not continuing your purchase.

Our legally binding Terms & Conditions are written in the English language. Below you will find a translated version in your own language, we must disclaim that these have been translated for customer-friendly reasons. If you are not proficient in English then you should consider not proceeding with your purchase.

These conditions are applicable in the economic traffic and dealings with Fronthouse Innovative Concepts B.V. (hereinafter: F.I.C.) with the Chamber of Commerce number 53788494, established in Eindhoven. Sparckel is a registered trade name of Fronthouse Holding B.V..

Article 1: Applicability of these conditions

All offers, (sales) agreements and deliveries of F.I.C. are subject to these general terms and conditions (hereafter: Conditions) to the exclusion of any other general terms and conditions. These Conditions have been filed with the Chamber of Commerce and will be sent by F.I.C. on request. These Conditions can also be consulted and/or downloaded on the Internet, see our website: www.Sparckel.nl. 

1.2: In these Conditions, the other party to F.I.C. will be referred to as 'the Client'.

1.3: Purchase conditions of the Customer shall not exclude or limit the applicability of these General Terms and Conditions.        

1.4: Accepting an offer, placing an order or entering into an agreement implies that the Customer accepts the applicability of these Conditions. 

1.5: The provisions of these Terms and Conditions may only be deviated from in writing and solely by F.I.C., in which case the other provisions shall remain in full force.

All rights and claims stipulated in these Terms and Conditions and in any other agreements for the benefit of F.I.C. shall likewise be stipulated for the benefit of any intermediaries and other third parties engaged by F.I.C. 

Article 2: Offers and agreements

2.1 All F.I.C. offers and quotations are without obligation and F.I.C. expressly reserves the right to change the prices, in particular when this is necessary on the grounds of (statutory) regulations.

2.2 An agreement shall only be concluded after F.I.C. has accepted the Customer's order in writing. F.I.C. is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, F.I.C. shall inform the Customer thereof within ten (10) working days of receiving the order.

2.3 If the agreed price, discounts or delivery time are based on an obvious mistake, typing error or printing error, F.I.C. shall have the right to correct the error(s) or to cancel the order; the Customer shall have the same right.

2.4: All data, models and illustrations regarding colours, materials, measurements and finish are indicative. Deviations therefrom shall not constitute grounds for rejection, reduction, dissolution of the agreement or compensation for damages, if these deviations are of minor importance.

Article 3: Prices and payments

3.1: The prices stated for the offered goods are in euros (€), including VAT for consumers and excluding VAT for business customers, and excluding administration and shipping costs, any taxes or other levies, unless stated otherwise or agreed upon in writing. 

3.2: For all first deliveries in the Netherlands and all deliveries outside the Netherlands, payment must be made, without discount or compensation, on the basis of advance payment, unless otherwise agreed in writing. Deliveries under prepayment shall not be considered for shipment until the full outstanding amount has been credited to F.I.C.'s giro or bank account respectively.

3.3: If it concerns a follow-up delivery within the Netherlands, payment must be made, without discount or compensation, within fourteen (14) days of the invoice date, unless otherwise agreed in writing.

3.4: Payment can be made in (one of) the way(s) indicated during the ordering process. An order may be subject to further payment and/or order conditions. In case of payment by bank or giro, the date of payment shall be the date on which the giro or bank account of F.I.C. is credited.

3.5: If the term of payment is exceeded, the Customer will be in default from the day on which payment should have been made and will owe default interest of one per cent (1%) per month or part of a month on the outstanding amount. If payment is made after a reminder has been sent by F.I.C., the Customer shall owe administration charges of twenty-five euros (€25.00) and, if F.I.C. has contracted out its claim for collection, the Customer shall also owe the collection charges, which shall be at least fifteen per cent (15%) of the outstanding amount, without prejudice to F.I.C.'s right to claim the actual extrajudicial collection charges instead. 

3.6: If the Customer is in default with any payment, F.I.C. shall be entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements. Without prejudice to F.I.C.'s right to claim (additional) damages.

3.7 If prices and/or rates of price-determining factors, such as wages, materials, exchange rate differences, import duties and insurance rates, are increased for any reason whatsoever, F.I.C. shall be entitled to adjust the price of the Product accordingly.

3.8 If the prices for the offered Products and services increase in the period between the order and the execution thereof, the Customer shall be entitled to cancel the order or to dissolve the agreement within five (5) working days after notification of the price increase by F.I.C.

3.9: The Customer is entitled to return the Product up to one month after the purchase date, provided that no customer-specific colour has been agreed and there are no visible damages. The Customer will receive the purchase amount back minus the delivery and installation costs.

Article 4: Delivery and receipt

4.1: The delivery times stated by F.I.C. are indicative only. Exceeding any delivery period does not entitle the Customer to compensation or the right to cancel the order or dissolve the agreement, unless the exceeding of the delivery period is such that the Customer cannot reasonably be required to maintain the agreement. In that case, the Customer is entitled to cancel the order or dissolve the agreement to the extent necessary. Customised Products produced to order cannot be cancelled once the order has been invoiced.

F.I.C. shall be entitled to deliver the Products ordered in parts and to invoice the Products delivered in this way separately.

4.3: Delivery of the Products shall take place at the place and time at which the Products are ready for dispatch to the Customer, irrespective of what has been agreed between F.I.C. and the Customer in respect of transport and possible insurance. 

4.4: The Customer is obliged to examine upon delivery whether the Products comply with the agreement. In case of any defect and, or damage to the packaging, the Customer must open the packaging in the presence of the carrier and check the good for damage and the Customer must make a note of any damage on the waybill. If it is found that the Product has been damaged as a result of the defective packaging, the Customer may refuse the Product and return it to the carrier. The Customer must notify Sparckel in writing, stating reasons, of any (transport) damage or other defects as soon as possible and in any event within two (2) working days of delivery, or after observation was reasonably possible.

4.5: If the Customer refuses a delivery in other cases as referred to in the previous paragraph, F.I.C. may charge the Customer for the resulting costs. In addition, F.I.C. shall in that case have the right to dissolve the agreement, without prejudice to the right to claim total damages.

4.6 Shipping and returns procedure

Our policies with explanations

Up to 30 days after receiving your Sparckel: If you are not satisfied, we will refund your purchase price of the product*. 

When ordering a Sparckel, the cost of delivery within the Netherlands is included in your purchase price. For International deliveries, there are delivery costs. These can be seen in the webshop.

Return costs are the customer's responsibility. You pay the costs for the insured return yourself with a parcel service, such as PostNL, DHL or others. 

Shipping procedure

When ordering a Sparckel within the Netherlands, the cost of delivery is included in your purchase price. When ordering a Sparckel internationally, the cost of delivery is not included in your purchase price. The model will be sent insured via parcel post to your specified address. We will do this, if in stock, within 2 weeks of receiving your order. You will receive an e-mail with track & trace information.

Only in the Netherlands is the Bright Brenda available. If you have ordered it, we will make a personal appointment to come and deliver and install it. This model cannot be sent by parcel post due to the size of the lamp. If product is in stock, we will schedule the appointment within 1 week of receiving your order.

Return procedure

If you are not satisfied, send us an email at info@sparckel.nl with in the subject return. We would like to hear your reason and get back to you. The shippable models you decide to return must not show signs of use or damage. Upon receipt of your package, you can view, touch and try the products as in a showroom. But if you install or use the products for more than 30 days, it means you accept them. You must return the goods to us in their original packaging. All returned products must be complete and contain all original packaging, manuals and other accessories, as well as all documentation. Do not write on the original box. As a final step, the box should be sealed with a wide tape. The liability of not properly taping is on the customer. Offer packages for insured shipping with increased liability.

The address label:

Return for Sparckel

SPS Logistics Centre

High Tech Campus 29

5656 AE Eindhoven

Unfortunately, Bright Brenda cannot be returned via parcel service due to its size. We will pick it up from you in person. From that location, we charge a return rate to Eindhoven, High Tech Campus 29. As shown on the website.

*Refunding

We would like to receive your Sparckel back undamaged, just as you received it new. After receipt and inspection, we will send you an email to let you know the status. Your money will be refunded to the same bank account used for the purchase within 15 working days.

In the event of any damage, we will inform you of the estimated repair costs.

Article 5: Complaints & Warranty

5.1 The Customer shall inspect that which is delivered (hereinafter: the Products) as fully as possible immediately after delivery. Any complaints about faults or defects in respect of the Products, including differences in composition or quality between the Products supplied and the description given for them in the agreement, must be notified to F.I.C. in writing, stating reasons, within two (2) working days of delivery or completion respectively. Faults or defects which cannot reasonably be detected within the abovementioned period must be reported to F.I.C. in writing, stating reasons, immediately after they have been detected and no later than fourteen (14) days after delivery or completion. In the absence of timely complaints, all possible claims by the Customer relating to faults or defects in the Products shall lapse. The Customer shall also be bound to store a defective part and to return it to FIC without any freight at FIC's first request.

5.2 The warranty on F.I.C.'s Products is three (3) years. In case of defects, F.I.C. will first exchange or repair the Products. The warranty covers all mechanical and electronic parts and defects caused by manufacturing defects.

5.3: Our warranty only covers normal use. Excessive or unnatural damage and wear and tear, or damage due to improper use are not covered.

5.4: In order to invoke the guarantee provision, the Customer must prove that the Product was purchased with a purchase invoice and that the payment was made.

5.5: Products may only be returned with the prior written permission of F.I.C.

5.6: If a Product cannot be repaired or if the exchanged Product is also defective, the Customer may return Products for a full refund of the purchase price. The warranty does not affect consumers' legal rights.

5.7: Complaining does not release the Customer from its payment obligations towards F.I.C..

5.8: In the event that the agreement with the Customer includes different warranty provisions, these shall prevail over the warranty provisions set out in this article.

Article 6: Complaints and returns

6.1: A complaint is unfounded if the Product has not been used in accordance with the directions for use, the Product has been used improperly, has not been used in accordance with its intended purpose or the defect has occurred due to carelessness of the Customer.

6.2: Products which are the subject of a complaint may only be returned by the Customer to F.I.C. after F.I.C. has given its prior written consent or after F.I.C. has indicated that it wishes to receive the goods back. F.I.C. is entitled to give instructions regarding the method of shipment.

6.3 If it has been demonstrated that the Products do not comply with the agreement, F.I.C. shall have the choice of replacing the Products concerned with new Products upon their return or refunding the invoice value thereof. 

6.4 If F.I.C. has repaired or replaced the faulty goods in response to a well-founded complaint, then F.I.C. shall be deemed to have delivered on time, even if this means that a deadline set by the Customer has been exceeded.

Article 7: Retention of title

Ownership of the Products delivered will not be transferred until the Customer has paid all that the Customer owes F.I.C. under any agreement. The risk in respect of the Products shall already pass to the Customer at the time of delivery (see Article 4, subsection 3). 

Article 8: Intellectual and industrial property rights

8.1: By purchasing a Product from F.I.C., the Customer acquires a user right to the electronic documentation and software (hereinafter: Software).

8.2: The Customer acknowledges that the Software is protected by copyrights and other intellectual property and proprietary rights. F.I.C. and its third party licensors shall retain all such rights in relation to the Software.

8.3: The Customer must fully and unconditionally respect all intellectual and industrial property rights vested in the F.I.C. Products supplied.

8.4: The Customer shall not be permitted to remove or change any designation concerning copyrights, brands, trade names, patents or other rights from the Products supplied.

8.5: The rights to the data mentioned in this article remain the property of F.I.C., regardless of whether the Customer has been charged for their production. These data may not be copied or shown to third parties without F.I.C.'s prior written consent. The Customer shall owe F.I.C. a penalty of twenty-five thousand euros (€25,000) for each violation of this provision, without prejudice to F.I.C.'s right to claim full compensation.

Article 9: Liability 

9.1: F.I.C. accepts liability for damage suffered by third parties, insofar as this ensues from the Product Liability Act and up to the maximum amounts based on said Act.

F.I.C. will not accept any loss or damage other than that mentioned in the previous subsection unless there is demonstrable intent or gross negligence on the part of F.I.C.. If F.I.C. is liable on account of the aforementioned, liability for loss of profits and consequential loss is expressly excluded.

9.3: F.I.C.'s liability shall at all times be limited to a maximum of the amount of the Product(s) which caused the damage, on the understanding that this amount shall not exceed twenty-five thousand euros (€ 25,000) in the case of damage relating to injury to a person, and shall at all events be limited to a maximum of the amount paid out to F.I.C. by the insurer in the case in question, without the Customer being entitled to any form of compensation.

9.4: Any other damage, including loss of profit and consequential damage, resulting from non-performance or late delivery is expressly excluded.

Article 10: Force majeure

10.1 Without prejudice to the other rights to which it is entitled, F.I.C. shall, in the event of force majeure, have the right, at its own discretion, to suspend execution of the order, or to dissolve the agreement without judicial intervention, by informing the Customer of this in writing and without F.I.C. being liable to pay any compensation, unless this would be unacceptable in the given circumstances according to the criteria of reasonableness and fairness. 

10.2 Insofar as F.I.C. has already partially fulfilled its obligations arising from the agreement or will be able to fulfil them when the force majeure occurs, F.I.C. shall be entitled to invoice the part already fulfilled or still to be fulfilled respectively. In that case, the Customer shall be obliged to pay this invoice as if it were a separate agreement.

10.3: If the Customer is declared bankrupt, subjected to attachment or placed under guardianship, F.I.C. has the right to dissolve the agreement with immediate effect.

Article 11: Communication

F.I.C. is not liable for any misunderstandings, mutilations, delays or improper transmission of orders and communications resulting from the use of the Internet or any other means of communication in the traffic between the Customer and F.I.C., or between F.I.C. and third parties, insofar as this relates to the relationship between the Customer and F.I.C., unless and insofar as there is demonstrable intent or gross negligence on the part of F.I.C..

Article 12: Order processing

12.1 If the Customer provides F.I.C. with an address in writing, F.I.C. shall be entitled to send all orders to that address, unless the Customer provides F.I.C. with another address in writing to which the orders must be sent. 

12.2 If F.I.C. allows, tacitly or otherwise, deviations from these Terms and Conditions for a short or long period of time, this will not affect its right to still demand direct and strict compliance with these Terms and Conditions. `

12.3: F.I.C. is authorised to make use of third parties in the execution of order(s). 

Article 13: Privacy policy

13.1: F.I.C. respects the Customer's privacy and recognises the importance of protecting (against misuse) the personal data collected by F.I.C.. 

13.2: The Customer does not have to provide any personal data in order to visit our website(s).

13.3: F.I.C.'s website[s] collects personal data in various places. This is done through electronic forms that the Customer must fill in when ordering a Product, when the Customer subscribes to a newsletter, when the Customer requests information, participates in a survey or competition, or uses any other service offered through the website[s]. 

13.4: The personal data provided by the Customer via such forms shall be included in F.I.C.'s files. These data and files are used to be able to deliver the requested Product(s), service(s) or information to the Customer. These data will not be provided to third parties unless directly related and unavoidable in the delivery (e.g. a carrier) of the requested Product(s), service(s) or information. 

13.5: The Customer has the right to inspect and correct personal data. To this end, the Customer must send a dated and signed request, together with a copy of his identity document, to F.I.C. 

13.6: This privacy policy applies only to the F.I.C. website(s) and not to any third-party websites referred to by means of hyperlinks or other references on our website(s). 

13.7: By using our website(s), the Customer agrees to the terms and conditions set out in this privacy policy.

13.8: The latest version as applicable at the time of the conclusion of the agreement shall always apply.

13.9 F.I.C. reserves the right to amend these general terms and conditions.

Article 14: Provisions of the Sparckel loan agreement & Rent for Use per month

F.I.C. (with its proposition trade name Sparckel) can enter into an agreement whereby a User, being a potential Customer, has the right to have Sparckel on loan for a certain period of time with a Start Date and a Expiry Date. Renting per month is also possible.

Having regard to the following considerations:

Sparckel makes its products available to clients for the purpose of sales, in order to enable them to test these products for use;

The user is a customer of Sparckel and wishes to test the products mentioned on the Acknowledgement of receipt under the following conditions.

14.1 Usage & Rental

  1. Sparckel will deliver to the user on loan or have delivered on loan the products, as described in the receipt and/or packing slip.
  2. The products are the property of Sparckel and Sparckel shall at all times be given the opportunity to verify that the products are being used in accordance with the stated conditions.
  3. The user shall not lend, encumber or sell the products without the express written consent of Sparckel.

 

14.2 Obligations of the user

  1. The products shall only be used for the purpose for which they are made and/or intended. The user shall not modify and/or alter the products, as specified in the receipt and/or packing slip, without the written consent of Sparckel.
  2. The products shall be used at all times in strict accordance with Sparckel's instructions and specifications by persons who are competent.
  3. The user shall insure and keep insured the goods, if necessary, against damage caused by molestation, loss, theft and damage, including as a result of fire.

 

14.3 Consequences of termination

  1. Upon termination of this agreement, Sparckel shall owe no compensation, on any account, to the user.
  2. On the expiry date of the agreement, unless terminated earlier, the user will ensure that the products are ready for return by Sparckel.

 

14.4 Failure to return

  1. Should the User fail to return the products before the expiry date of the contract, the User agrees to purchase the loaned products at the then current gross price without issuing a purchase order. The User will receive an invoice for this, which must be paid within fourteen (14) days after the invoice date.
  2. If the User indicates that it wishes to purchase the products, the User will receive an invoice for this, which must be paid within fourteen (14) days of the invoice date.

 

14.5 Liability

  1. The user is responsible for loss and/or damage to the products from receipt of the products and remains responsible until the products are returned to and received by Sparckel.
  2. In case of loss or damage, Sparckel reserves the right to repair or replace and invoice the user accordingly. The user agrees to pay the costs incurred within thirty (30) days of receipt of the invoice.
  3. The liability for damages related to the delivery of goods is limited, as stipulated in these General Terms of Sale of Sparckel.
  4. The user shall at all times be responsible for all costs arising from non-performance and/or negligence with respect to what is stated in this agreement, including legal assistance costs and interest according to legal standards.

Article 15: Applicable law and competent court

15.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law. 

15.2 All disputes between the parties shall exclusively be brought before the competent court in Oost Brabant. The foregoing shall also apply if the goods are delivered in full or in part abroad and/or the Customer is established or resident abroad, unless Dutch law imperatively dictates otherwise.

15.3: If one or more of the provisions of these Conditions or any other agreement with F.I.C. should be contrary to any applicable legal provision, the provision in question shall cease to have effect and shall be replaced by a new comparable provision permissible by law to be determined by F.I.C.

15.4: The applicability of the Vienna Sales Convention is excluded.

15.5: If an agreement with the Customer has been ratified by several persons, F.I.C. reserves the right of joint and several liability, so that in the event of any loss, this may be recovered in full from one of the persons who has entered into the agreement.

Article 16: Translation and version

In the event that these Terms and Conditions are made available in a language other than Dutch and a dispute arises, the Terms and Conditions in the Dutch language shall prevail at all times.