General Conditions
Water and Light B.V. is located at Bisschopsweg 2, 3732 HW, De Bilt, Netherlands, EU, and is registered in the Netherlands with the Chamber of Commerce registration number 64419312 and with VAT number NL8556586005B01.
As a user of this website, you acknowledge that any use of the content of this website and any transaction conducted through this website is subject to our terms and conditions:
1. General
- We reserve the right to modify these terms and conditions at any time. Such changes will become effective at the time they are posted on the website.
- It is your responsibility to read the terms and conditions. By entering into a transaction with Water and Light, you agree to be bound by our current terms and conditions. These are the only terms and conditions under which Water and Light products can be purchased, offered or delivered. Any attempt by the customer to use their own terms and conditions is invalid.
- These terms and conditions apply to all transactions placed online, by email, telephone or by mail at Water and Light. Please read the terms and conditions carefully before placing an order. All transactions with Water and Light are governed by these terms and conditions.
- Water and Light’s failure or delay in enforcing any provision of the Terms and Conditions shall not be construed as a waiver of any right.
2. Definitions
- All references to the ‘company’, ‘we’, ‘us’, ‘we’ mean Water and Light B.V.
- All references to “you,” “your,” the “user” or the “customer” mean the person or persons using the website, entering into a transaction, such as making a donation or purchasing or agreeing to purchase goods, from Water and Light B.V.
- All references to the “website” include a reference to all URLs owned by Water and Light.
- “Transaction” means any donation made by, or contract for the purchase of goods entered into by, a user of the website with Water and Light.
- “Communication” includes communication by telephone, fax, e-mail, text message and mail or courier.
- “Goods” means goods purchased from Water and Light B.V. by you.
3. Jurisdiction, Territorial Limitations & Severability.
- All transactions shall be governed by and construed in accordance with EU law and any dispute between the user and Water and Light shall be resolved exclusively by the courts of the EU. Nothing in these terms and conditions shall be construed as affecting your legal rights under EU law.
- If any part of these Terms and Conditions is declared invalid or unenforceable in whole or in part by any court of the EU,
4. Order processing, prices, time of contract
- Orders: We gladly accept orders by the following methods: Online transaction (secure server), email (unsecured), phone, mail or fax. All credit/debit card transactions are subject to validation checks and are authorized by the card issuer. We accept MasterCard, Visa, Delta, Maestro, Solo and Paypal. If your card issuer denies your payment to us, we are not liable for delay and/or non-delivery of your order. No orders will be accepted or processed without a valid credit card payment in the name of the registered cardholder.
- No order shall be accepted by Water and Light B.V. until written acceptance of the order has been issued by Water and Light B.V. or (if earlier) Water and Light B.V. has begun to execute the order in whole or in part.
- All prices are subject to change without notice.
- Pricing and printing errors: Prices and specifications are checked to the best of our ability and while every effort has been made to make them accurate, no responsibility is accepted for errors and omissions. We reserve the right to change our prices and specifications without notice.
- A transaction is established and creates a contract when Water and Light receives your cleared funds for the donation or purchase. All contracts are created at the point of processing, which is at Water and Light B.V., Bisschopsweg 2, 3732 HW, De Bilt, Netherlands, EU.
5. Terms of payment and ownership of goods
- Ownership of Goods – All items delivered to the customer shall remain the property of Water and Light B.V. until full payment of all amounts due in respect of those items is received by us. Water and Light B.V. shall not be deemed to receive payments until it has received available funds. Upon full payment, Water and Light B.V. will ship the goods to you and title to those goods will pass to you upon delivery.
- In accordance with our privacy policy terms and conditions and to ensure that your credit card, debit card, debit card or PayPal account is not used without your consent, we will validate the name, address and other personal information you provide during the ordering process against relevant third party databases. By accepting these terms and conditions, you consent to the performance of such checks. In performing these checks, your personal information provided may be disclosed to a registered credit reference agency that may retain this information. Please be assured that this will only be done to confirm your identity, that no credit check will be performed and that your credit rating will not be affected. All information provided by you is handled securely and strictly in accordance with the Data Protection Act of 2018.
- With the exception of VAT, the price excludes any applicable sales taxes, other levies (including bank charges), import duties and export duties, all of which the customer will be required to pay additionally when paying for the goods.
6. Delivery conditions
- Water and Light B.V. ships products every business day – Monday through Friday, excluding holidays. All orders are processed and shipped within 2 to 4 business days after your order is placed.
- We make every effort to ensure delivery within the estimated delivery times and within a maximum of 30 business days. If for any reason we cannot meet this deadline, we will contact you within 21 business days of your transaction with us to inform you of the situation. If there is an issue with the availability of your chosen goods, our customer service team will notify you of the likely delivery date within 28 business days of your transaction with us. Please allow additional delivery time (details on request) for delivery of specially ordered items.
- If you have any questions regarding delivery, please contact our customer service department (info@analemma-water.nl). Ordered items will be delivered as soon as possible in accordance with the desired delivery service. Information on the costs of the various delivery services can be obtained from our customer service department.
- All delivery charges are subject to change without notice.
- Should you live in a remote area, additional shipping charges may apply. We will contact you before shipping if this is the case.
- We cannot be held liable for any consequential damages caused by late delivery or non-delivery by the company’s designated carrier. Liability in such cases is limited to the value of the items proven not to have been received by the customer.
- If the order is returned to our warehouse because a customer is not available to pick up the order, Water and Light B.V. will charge both shipping and return costs.
Import duties and taxes
- Water and Light B.V. ships products to more than 100 countries around the world. Please note that you are responsible for knowing your country’s laws regarding what can and cannot be shipped to you. We are not responsible for import tariffs or customs regulations. We do our best to keep abreast of the laws in countries around the world, but these laws change frequently and we cannot be 100% sure that we are up to date with the latest changes. Therefore, please check with your customs office. We will discreetly ship your package to you, but it is your own risk.
- Each country has different laws and regulations regarding buying products from other countries. Before you place your order, please be aware of the local customs laws regarding the shipment of dietary supplements. It is your own responsibility to know what is and is not legal in your country. We will always pack and ship products discreetly in a way that will best help you receive your order.
- We cannot be held liable for any taxes, import duties, levies, quarantine charges or storage fees charged by your local customs office. These charges are not included in your shipping costs and are billed directly to you by them.
- Water and Light B.V. does not legally ship products to countries that require a license. We are not liable for any problems that arise at your local customs office. No refunds will be issued for items seized or undelivered by your local customs office unless they are returned to us. Water and Light B.V. is not liable for import duties or taxes imposed by your local customs office. Any applicable import duties or taxes are your responsibility; we will, of course, assist you to the best of our ability. By ordering from our website, you agree to our shipping policy and terms and conditions.
General estimates for delivery depending on location:
- Standard shipping options (domestic): 4-7 business days
- Standard shipping options (international): 7-30 business days
- Express shipping options (international): 4-12 business days
7. Return Policy
- We are confident that you will love your Analemma product, but there may be situations where you wish to return an item. We strive to keep the process as simple as possible, and these terms do not affect your legal rights.
- We try to process all returns as quickly as possible.
Unwanted product
- Our policy is to ensure your satisfaction with every order you place at www.analemma-water.nl. If you are not satisfied with an item upon receipt, or you have simply changed your mind, return it to us within 30 days, along with the packing slip, in reasonable condition and undamaged, complete with packaging and all components. We will refund you the price you paid for that item (excluding shipping costs).
- We will deposit the refund directly to the credit/debit card used for the original order, within 30 days or sooner, after we have inspected the returned item and are satisfied that it has been returned to us in the same condition in which it was delivered to you.
- You only pay the return cost of the products.
- This does not affect your legal rights.
Defective products
- We try to select and package products to the best of our ability so that they arrive in good condition. However, should a product arrive damaged or defective, or not be the product you ordered, we will replace it free of charge or provide a full refund, as appropriate, if you return the product to us at the mailing address below within 30 days of receipt.
- In these cases, we will also reimburse you for the cost of return shipping. Please request proof of shipment from your post office so that we can process the refund for your return costs.
- For help with items purchased later than 30 days after your purchase, please contact us by email for more information.
- This does not affect your legal rights.
- The customer is required to inspect the shipment upon delivery and immediately report any damage within 5 days of delivery.
- The customer agrees that Water and Light B.V. cannot be held liable for damages if written notice and a photograph of the damage are not provided to Water and Light B.V. within 5 days of delivery.
Return of unsolicited or defective products
Please contact us via email (sales@analemma-water.nl) to inform us of your desire to return products. We can advise you on how to return the item to us. In some cases, items may need to be picked up by a courier service. Otherwise, please use a secure delivery method that requires a signature upon receipt (such as registered delivery via PostNL) and send to:
Water and Light B.V.
Bisschopsweg 2
3732HW, De Bilt
The Netherlands
You are responsible for the returned products until they reach us.
Unsolicited products – European Distance Selling Directive (DAR)
Within the European Union, consumers have the legal right to cancel a contract for the purchase of an item within seven business days from the day after receiving the order.
If you wish to cancel your order under the DAR, we kindly ask you to contact our customer service department stating your name and order number:
by e-mail to sales@analemma-water.nl
We will then ensure that you are refunded accordingly.
If you cancel your order within this cooling off period, we will refund the cost of the item and the cost of shipping the item to you as follows:
- If you are returning an item that is part of a larger order, we will refund any specific delivery charges you incurred for that item over and above our standard delivery rate.
- If you return your entire order, we will refund the standard delivery charges incurred.
- If we collect an item from you, we reserve the right to recover the cost of collection from you.
8. Customer feedback, compliments & complaints
- Up to 3 months after receiving your goods, we may send you a message inviting you to review your purchased goods or our customer service. Such communications will comply with our privacy policy terms.
- Any complaints or compliments can be sent to our customer service department. We aim to address your complaint within five business days from the date of receipt. In the event that we are unable to resolve your complaint immediately, we will inform you within 14 working days of the steps we will take and the likely length of time those steps will take, and keep you informed of any investigation we conduct into your complaint, to the extent permitted by the laws of England.
9. Limitation of liability & indemnification.
- Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that cannot otherwise be limited or excluded under EU law.
- We will make reasonable efforts to verify the accuracy of all information on the website, but we make no representation or warranty of any kind, express or implied, legal or otherwise, with respect to the content of the website.
- We make no warranty that the website or the server that makes it available is free of viruses or that its content is accurate. We shall not be responsible or liable to you for any loss of any kind incurred as a result of actions taken, or taken in reliance, on any material or information contained on the website.
- Employees or agents of Water and Light B.V. are not authorized to make any representations or warranties with respect to Water and Light B.V. products, including, but not limited to, the quality of the products, the suitability of the products for any particular purpose of the customer or their compatibility with other products, unless (a) confirmed in writing in a contract or (b) agreed to by the parties in a written amendment to a contract and these terms and conditions. By entering into a transaction with Water and Light B.V., the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations not so confirmed.
- Any advice or recommendation by Water and Light B.V. or its employees or agents to the customer or its employees or agents regarding the storage, application or use of Water and Light B.V.’s products, which is not (a) confirmed in writing in a contract or (b) agreed upon between the parties in a written amendment to a contract and these Terms and Conditions, is followed or carried out entirely at the customer’s own risk, and accordingly, Water and Light B.V. shall not be liable for any such advice or recommendation not so confirmed.
- We are not liable, in contract or tort (including but not limited to negligence), except in cases of fraud or negligence.
- Notwithstanding the above, our total liability (in contract, tort or otherwise) for loss or damage shall in any event be limited to an amount equal to the amount paid or owed by you for the goods purchased from us in a transaction.
- This clause does not affect your legal rights as a consumer, nor your contractual rights of cancellation, under EU law.
- In accordance with our privacy policy terms, we will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any loss resulting from unauthorized access to information you provide to us.
10. Force Majeure
- We shall not be liable or deemed to be in default under any contract for delay in performance or non-performance of any of our obligations if such delay or non-performance is due to a cause beyond our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of time to perform such obligations. Without prejudice to the generality of the foregoing, the following events shall be deemed to be causes beyond our reasonable control: natural disaster, explosion, flood, storm, fire or accident; war or threat of war, sabotage, insurrection, civil commotion or requisition; acts, restrictions, regulations, ordinances, prohibitions or measures of any kind by any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lockouts or other collective action or labor disputes (whether or not involving employees of Water and Light B.V. or a third party); difficulties in obtaining raw materials, labor, fuel, parts or machinery; power failure or breakdown of machinery, material breach of contract or other default by our suppliers or subcontractors. If such circumstances make it impossible for us to deliver all or part of the items ordered within a reasonable time, the customer’s liability shall be limited to the value of the items already delivered, together with any associated reasonable delivery costs.
11. Privacy Policy & Security.
- Please refer to our privacy policy.
- We strive to take all reasonable measures to protect your personal information. However, we cannot guarantee the security of any information provided online. You accept the inherent security risks of providing information and conducting business online over the Internet and will not hold us liable for any breach of security unless due to our negligence.
12. Intellectual Property Rights.
- You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website remain our property at all times. We grant no implied license to use the content of this website.
- You acknowledge and agree that the material and content on this website is available for your personal non-commercial use only and that you may download such material and content solely for use on this website. You further acknowledge that any other use of the content of this website is strictly prohibited and that you agree not to violate our intellectual property or allow others to violate our intellectual property.
13. Consumer Protection in Distance Contracts Act (WBCD).
- You have the right to cancel your order within seven business days from the day after the date of delivery of your goods purchased from us via a transaction, for any unused item purchased through our website, in accordance with the legislation on distance contracts for a refund.
- If you wish to cancel an order, please provide us with your order number by email, fax or letter. All goods will be returned at your own expense unless the item has been declared defective and our warranty under clause 8 applies. In this case we will refund the cost after we have received the goods.
- Provided the goods are returned in unused condition and in the original packaging with all accessories, you will receive a refund within thirty working days of our receipt of the goods.
14. Rights of Third Parties.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Parties shall have any rights hereunder. The provisions of this Agreement may be amended, modified, or modified, or this Agreement may be suspended, cancelled or terminated by written agreement between the Parties, or this Agreement may be revoked (in any case), without the consent of any third party.