Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing Transaction: An agreement at a distance concerning a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information directed at them personally in a way that allows future consultation and unaltered reproduction of the stored information possible.

Right of withdrawal: the opportunity for the consumer to refrain from the distance contract within the withdrawal period.

Entrepreneur: the natural person or legal entity offering products and/or services to consumers at a distance.

Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for remote selling of products and/or services, exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the agreement.

Remote communication technique: a means that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: ALPHA NOMAD

KvK number: 0764.876.870

Trade name: Primelith

VAT number: BE 0764.876.870

Customer service mail: service@primelith.com

Company address: Kwadestraat 149, 8800 Roeselare - Belgium

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur, as well as to every distance agreement concluded and orders placed between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance agreement is concluded electronically, in deviation from the previous clause and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially voided or declared void at any time, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced promptly by a provision that approximates the original intent as closely as possible, through mutual agreement.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

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

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information such that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer. The postal service and/or courier will use the special scheme for postal and courier services regarding the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal service and/or courier will collect the VAT (whether or not together with the invoiced customs clearance fees) from the recipient of the goods;

the potential costs of shipping;

the manner in which the agreement will be concluded and the actions required for that purpose;

the applicability of the right of withdrawal;

the method of payment, delivery, and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the fee for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication means used;

whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;

the manner in which the consumer, before concluding the agreement, can review and, if desired, correct the data provided by him in the context of the agreement;

the possible other languages in which, besides Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a continuing transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur promptly confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

Within legal frameworks, the entrepreneur may - within legal limits - ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to its execution, motivated.

The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in a durable medium in an accessible manner:

  1. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
  2. The conditions and methods for exercising the right of withdrawal by the consumer, or a clear notification regarding the exclusion of the right of withdrawal;
  3. Information about warranties and existing post-purchase services;
  4. The data included in Article 4, clause 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the preceding paragraph applies only to the initial delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of Withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur, including all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days after receiving the product, by notifying the entrepreneur. The consumer must notify the entrepreneur by means of a written message/email. After the consumer has notified the entrepreneur of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.

If the customer has not indicated his intention to exercise his right of withdrawal after the expiry of the periods mentioned in clauses 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional upon the product being received back by the online retailer or conclusive proof of complete return shipment being provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in clauses 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. which have been made to the consumer's specifications by the entrepreneur;
  2. which are clearly of a personal nature;
  3. which, by their nature, cannot be returned;
  4. which can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software where the consumer has broken the seal.
  8. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  2. for which the delivery has commenced with the consumer's explicit consent before the end of the withdrawal period;
  3. concerning betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that prices may be indicative and subject to fluctuations, along with the underlying market conditions, will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

  1. these are the result of statutory regulations or provisions; or
  2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of supply takes place in the country where transport commences. In the present case, this supply takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Special additional clearance fees and/or import duties are not included in the price and are the responsibility of the customer.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be made in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been treated contrary to the instructions of the entrepreneur and/or the packaging.

The defectiveness, in whole or in part, is the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is considered to be the address that the consumer has provided to the company.

In accordance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without any costs and is entitled to any compensation for damages.

In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being provided. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time towards the end of the agreed term, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the preceding sections:

cancel at any time and not be limited to cancellation at a particular time or period;

terminate at least in the same manner as they were entered into by him;

always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period of time.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.

In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days, after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the "Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)" and thus the implementation of Central Electronic System of Payment Information (CESOP), payment service providers will possibly register data in the European CESOP system.