General Terms & Conditions

Definitions

Shine Brighter: Lu Image Consulting, established in Maarssen, Utrecht, Chamber of Commerce no. 78348781.
Customer: the person with whom Shine Brighter has entered into an agreement.
Parties: Shine Brighter and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Shine Brighter.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

Offers and quotations from Shine Brighter are without engagement, unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 week from its date, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance

Upon acceptance of a quotation or offer without engagement, Shine Brighter reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits Shine Brighter after the customer has confirmed this in writing (or electronically).

Prices

All prices used by Shine Brighter are in euros, are inclusive of VAT (21%) and exclusive of any other costs such as administration costs, levies and travel-, shipping- , parking, or other expenses, unless expressly stated otherwise or agreed otherwise.
Shine Brighter is entitled to adjust all prices for its products or services, shown on its website, or social medial at any time.
The price with regard to services is determined by Shine Brighter on the basis of the actual working hours, plus the products that is mentioned in the service package when applicable.
If the parties have agreed on a total amount for a service provided by Shine Brighter, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which can not be deviated from.
Shine Brighter is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Shine Brighter must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Shine Brighter will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Shine Brighter if he does not agree with the price increase.

Rescheduling and cancellation

Free cancellation up to 48h before the first appointment.
50% or max 150 Euro will be charged if cancelled up to 8h before the first appointment.
70% or max 200Euro will be charged if cancelled less than 8h before the first appointment.
Rescheduling is possible and free of charge and can be done maximum 2 times. After that, 20% or max 100Euro will be invoiced.

Payments and payment term

A down payment of up to 50% of the service cost needs to be paid latest 48 hours before the first appointment. The remaining amount must be paid latest 48 hours before the last appointment or the delivery of the product.
7 days payment terms apply on all invoices.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Shine Brighter having to send the customer a reminder or to put him in default.
Shine Brighter reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

If the customer does not pay within the agreed term, Shine Brighter is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Shine Brighter.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Shine Brighter may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Shine Brighter on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Shine Brighter, he is still obliged to pay the agreed price to Shine Brighter.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

The customer waives his right to settle any debt to Shine Brighter with any claim on Shine Brighter.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Shine Brighter unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Shine Brighter has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Shine Brighter.

Delivery period

Any delivery period specified by Shine Brighter is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer has signed the agreement to Shine Brighter and is confirmed in writing or electronically by Shine Brighter to the customer.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Shine Brighter cannot deliver within 90 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Shine Brighter may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Shine Brighter, failing which Shine Brighter cannot be held liable for any damage.

Insurance

The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- goods delivered that are necessary for the execution of the underlying agreement
- goods being property of Shine Brighter that are present at the premises of the customer
- goods that have been delivered under retention of title
At the first request of Shine Brighter, the customer provides the policy for these insurances for inspection.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Shine Brighter, not obligations of results.

Performance of the agreement

Shine Brighter executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Shine Brighter has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Shine Brighter can start the implementation of the agreement on time.
If the customer has not ensured that Shine Brighter can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

The customer shall make available to Shine Brighter all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Shine Brighter will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Shine Brighter and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Duration of the agreement

The agreement between Shine Brighter and the customer is entered into for the duration of 1 years, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Shine Brighter a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Intellectual property

Shine Brighter retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, illustrations, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
The customer may not copy or have copied the intellectual property rights without prior written permission from Shine Brighter, nor show them to third parties and / or make them available or use them in any other way.

Penalties

If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Shine Brighter an immediately due and payable fine of € 2000 if the customer is a consumer and € 10000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Shine Brighter including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies Shine Brighter against all third-party claims that are related to the products and/or services supplied by Shine Brighter.

Complaints

The customer must examine a product or service provided by Shine Brighter as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Shine Brighter of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings.
The customer gives as detailed description as possible of the shortcomings, so that Shine Brighter is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Shine Brighter being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Shine Brighter in writing.
It is the responsibility of the customer that a notice of default actually reaches Shine Brighter (in time).

Joint and several Client liabilities

If Shine Brighter enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Shine Brighter under that agreement.

Liability of Shine Brighter

Shine Brighter is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Shine Brighter is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Shine Brighter is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Shine Brighter is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Shine Brighter shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if Shine Brighter imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Shine Brighter is not permanent or temporarily impossible, dissolution can only take place after Shine Brighter is in default.
Shine Brighter has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Shine Brighter good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Shine Brighter in the fulfillment of any obligation to the customer cannot be attributed to Shine Brighter in any situation independent of the will of Shine Brighter, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Shine Brighter .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Shine Brighter cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Shine Brighter can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Shine Brighter does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

Shine Brighter is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Shine Brighter with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer can not transfer its rights deferring from an agreement with Shine Brighter to third parties without the prior written consent of Shine Brighter.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Shine Brighter had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Shine Brighter is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Updated on 18 Mar 2021.