GENERAL TERMS AND CONDITIONS OF SALE FOR PHILIPS MYCREATION - NETHERLANDS
BY PLACING AN ORDER FOR PRODUCTS ON THIS WEBSITE OR ACCEPTING THEM, YOU AGREE TO AND ARE BOUND BY THESE GENERAL TERMS AND CONDITIONS. YOU MAY NOT ORDER OR RECEIVE PRODUCTS ON THIS WEBSITE IF (A) YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) YOU DO NOT HAVE THE REQUIRED MINIMUM AGE TO ENTER INTO A BINDING AGREEMENT WITH THE SIGNIFY LEGAL ENTITY LISTED BELOW OR (C) IT IS PROHIBITED BY APPLICABLE LAW FOR YOU TO ACCESS OR USE THIS WEBSITE.
LEGAL ENTITY SIGNIFY: Signify Netherlands B.V. High Tech Campus 48, 5656 AE, Eindhoven Registration number: 17061150 VAT: NL009076992B01
About these terms. These general terms and conditions (these "Terms") apply to the sale of products to consumers through the Philips MyCreation website (the "Site") for delivery in the Netherlands. These Terms may be amended by Signify at any time, at its own discretion, without prior written notice. Changes to the Terms only apply to orders placed after such changes. Please read these Terms before purchasing products through the Site. Please read Signify's Privacy Statement before placing an order for products through this Site (see Section 9).
Placing your order. By placing an order, you enter into a valid, binding and enforceable agreement with Signify to which these Terms apply. Signify will send you an email confirming your order, the order number and information about the items you have ordered. Although Signify will make every effort to deliver the products listed in the order confirmation, it may happen that Signify cannot deliver the products, for example because (i) such products are no longer being produced, are out of stock or are no longer available, (ii) Signify is unable to purchase relevant parts or (iii) the price is based on a mistake. In such cases, Signify will contact you and make a proposal for alternative products that you can purchase (for the same or a different price). If the price is based on a mistake, Signify will notify you of the correct price. If you do not agree with the replacement or modified price proposed by Signify, Signify will cancel the order and refund any amount you may have already paid for the order.
Prices. All prices, discounts and promotions published on the Site are subject to change without notice. The prices are in euros. The price charged for a product is the price shown at the time you click the order button, and it will be stated on your invoice. Price increases only apply to orders placed after such changes. For consumers in the European Union, the product price listed includes VAT and excludes shipping costs. The costs for shipping the products are at your expense unless we explicitly state on the Site that we bear these costs. If we charge shipping costs, we clearly specify the amount on our Site and during the order process. Signify strives to provide accurate price information, but may sometimes make unintentional typographical errors or inaccuracies or omissions regarding pricing and availability. Signify reserves the right to correct any errors, inaccuracies or omissions at any time. When paying by credit card, the total amount for your entire order will be shown on your credit card statement in the currency of your country.
Delivery of Your Products. Signify arranges for the shipment of the products to you (but not the installation). You will find the specific delivery options on the relevant product page. Signify may deliver your orders in multiple shipments. Ownership of the product is transferred to you from (a) your payment to Signify or (b) our delivery of the products to you, whichever occurs last. The risk of loss and damage to the products is transferred to you at the time of delivery. Shipment and delivery dates are approximate and cannot be guaranteed. Signify is not responsible for any delays in shipping. We will contact you if there is a delay. If you do not agree to the later delivery, you may cancel the order free of charge and receive any prepaid amount back in the same manner as you paid for the order. You are not entitled to compensation for late or non-delivery. Signify uses a carrier for the delivery of the products. Once the carrier has received the products, Signify will send you an email with a tracking number so that you can track your delivery. At this time, we only deliver to the countries listed on the Site. We do not accept orders for delivery to another country.
Your right to return products. After receiving the product, you have a cooling-off period of fourteen (14) days during which you can inform us, without giving any reasons, that you have changed your mind and wish to exercise your right of withdrawal. For orders of multiple products that are delivered at different times, the cooling-off period begins when you receive the last product of your order. Contact us via www.mycreation.lighting.philips.nl/contact if you decide to cancel your purchase.
You must return the products as soon as possible, but in any case within fourteen (14) days of your cancellation notice. You can find all relevant information about our return policy in your order confirmation. Once we have received your cancellation notice, you will receive confirmation. The risk of loss of products during transportation is at your expense.
You only have to pay the shipping costs for the return shipment if we explicitly stated this at the time of purchase.
You will receive the amount you paid for the products and any return shipping costs you paid within fourteen (14) days of your cancellation notice, provided that we have received the products within that period or that you have sent us proof of return shipment. We will use the same payment method for the refund as you used to pay us. We reserve the right to deduct an amount for depreciation from the total refund amount. Depreciation occurs if the product or packaging is damaged and/or the product is visibly used. The basic principle here is that you may view the product as you would in a store. We will contact you if we believe that an amount for depreciation is justified.
In addition to, and without prejudice to, any legal rights of withdrawal/cooling-off periods, Signify agrees to a return of products (except products designated as final sale or non-returnable on the Site) against a refund of your purchase price provided such return is made in accordance with the applicable period as set forth in the Signify Return Policy, which you can find at: www.mycreation.lighting.philips.nl/returns, accompanied by a valid purchase receipt and provided such products are returned in their original condition. Go to the relevant information about returning your products on the Site to initiate the return process.
For returns of damaged products, refer to the manufacturer's warranty (see Section 7) that you received with the product or the information in the product description on the Signify Site.
Warranty. Contact us if there is a problem with your product. Then we can determine together whether you still have a right to legal warranty or perhaps to our additional warranty. Below you will find an explanation of Signify's Standard Product Warranty. Signify's standard product warranty is an addition to, and does not affect, your legal rights as a consumer under applicable law. If Signify offers additional warranty, Standard Product Warranty, this will be indicated on the warranty certificate you received with the product or published on the Site as the standard warranty applicable to the product ("Standard Product Warranty"). For all products sold by Signify that do not fall under an applicable Standard Product Warranty, Signify warrants that the hardware components of the product are free from material and manufacturing defects that cause the Product not to work in accordance with the specifications provided by Signify, taking into account the overall performance of the product and based on a maximum of 3 hours average operating time per day for 7 days a week, for two (2) years from delivery to you. Signify does not provide any warranty for software elements in the products or for third-party products. Unless otherwise agreed in writing, Signify provides no warranty for products, software, applications, or services.
Goods not intended for resale or export. Certain transactions may be subject to export or import control laws and regulations that prohibit or restrict the (re)export or transfer of certain items to certain countries, entities, or individuals, such as the laws and regulations of the UN, EU, and US ("Export Controls"). The applicable Export Controls of the relevant authorities responsible for Export Controls apply in all respects to the (re)export or transfer of products. If an export or import license is required for such (re)export or transfer or if the export or import is otherwise prohibited or restricted under the Export Controls, Signify may, at its discretion, suspend its obligations to you until such license is obtained or for the duration of the restrictions or prohibitions, or terminate (the relevant part of) the sale without in any way being liable.
Privacy and data protection. All personal data will be processed in accordance with what is stated in this document, as well as in our Privacy Statement: https://www.signify.com/en-us/privacy-notice
License for embedded software; ownership rights. Signify is the sole and exclusive owner or licensee of all now known or later existing intellectual property rights (including patents, utility models, registered or unregistered designs, copyrights, database rights, trademarks, domain names, trade secrets, know-how, semiconductor IC topography rights, and all registrations, applications, renewals, extensions, combinations, divisions, continuations, or reissues of any of the foregoing) (collectively, the "Intellectual Property Rights"), in any manner conceived or developed by anyone or by any means, whether reduced to practice or to the practice, with respect to all products sold or offered for sale that fall under these Terms (collectively, the "Products"). You may not use Signify's Intellectual Property Rights in advertisements, communications or other works without the prior written consent of Signify. You may not remove, obfuscate, strike, cover, or modify any Signify trademark or other trademark, or add any Signify trademark or other trademark to material provided by Signify or to any Product or associated packaging. You may not file or use any trademark that is likely to cause confusion with Signify's Intellectual Property Rights.
Circumstances reasonably outside Signify's control. Signify will make every effort to fulfill its obligations as a result of an order confirmation. However, Signify cannot be held responsible for delays or non-performance of such obligations if they are due to circumstances reasonably outside Signify's control, such as, but not limited to, force majeure, earthquakes, fires, floods, wars, civil or military unrest, terrorist acts, sabotage, strikes, epidemics, pandemics, riots, utility failures, and failures or losses of hardware/software, or any other cause, similar or dissimilar to the foregoing, that could not reasonably have been prevented by Signify. In the event of delay, Signify will fulfill its obligations as soon as reasonably possible.
Applicable law and jurisdiction. Dutch law applies to these Terms and any claims arising from or related to these Terms or your purchase of products in accordance with these Terms, except where mandatory law applicable in your jurisdiction requires otherwise. Except where prohibited by law and without limiting consumer rights, you agree that all disputes, claims, and legal proceedings arising directly or indirectly from or related to your use of the Site and/or purchase of products shall be resolved individually, and not through any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands. In case of a complaint, please contact us via www.mycreation.lighting.philips.nl/contact. If you feel that your complaint has not been resolved satisfactorily, you may also use the ODR platform for online dispute resolution. For this purpose, please visit: http://ec.europa.edu/odr. Any claim must be brought within one (1) year from when it arose, to the extent permitted by applicable law.
Customer service and contact with Signify. Click the link below to view the contact details for your location if you want to make a claim for warranty or any other form of customer support: www.mycreation.lighting.philips.nl/contact Unless explicitly stated otherwise, all communication to Signify shall be made through www.mycreation.lighting.philips.nl/contact. In case of communication from Signify to you, you agree to receive notices and other communications through notices posted on the Signify Site, via email messages to the email address provided by you or by mail to your billing address. You agree that all agreements, notices, disclosures, and other communications that Signify provides to you in accordance with the above satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) if sent by mail, three days after the date of mailing. You agree that a printed version of the Terms and of any notice in electronic form shall be admissible in administrative or judicial proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Promotions. Promotions made available through the Site may be subject to separate rules than the rules in the Terms. Please review the applicable rules and Signify's Privacy Statement if you choose to participate in promotions. If the rules of a promotion conflict with these Terms, the rules of the promotion will apply. From time to time, we may publish promotions on the Site that affect prices and that are subject not to these Terms but to other terms and conditions. In case of conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
Assignment. You may not assign your rights or obligations under these Terms without the prior written consent of Signify.
No waiver. Failure by Signify to enforce any part of these Terms shall not constitute a waiver of any right or provision of Signify. A waiver of any right or provision shall only be effective if it is in writing and signed by an authorized representative of Signify.
No third-party beneficiaries. These Terms do not confer any rights to any third party and are not intended to do so.
Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be severed and the remaining provisions shall continue in full force and effect.
v. February 2022