General Terms and Conditions

Water and Light B.V. is located at Bisschopsweg 2, 3732 HW, De Bilt, the Netherlands, EU, and is registered in the Netherlands under Chamber of Commerce registration number 64419312 and VAT number NL855658605B01. Bank information Rabobank IBAN: NL78 RABO 0307 5379 27.

If a contact, order and/or shipment is made to you via this website, you acknowledge that these and the processing of your payment will be processed, handled and shipped in the Netherlands.

As a user of this website, you acknowledge that any use of the content of this website and any transaction made through this website is subject to our Terms and Conditions:

1. General

We reserve the right to amend these General Terms and Conditions at any time. Such changes shall enter into force upon their publication 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 products can be purchased, offered or supplied by Water and Light. Any attempt by the customer to use their own terms and conditions is invalid.
These terms and conditions apply to all online, e-mail, telephone or postal transactions with Water and Light. Please read the Terms and Conditions carefully before placing an order. All transactions with Water and Light are subject to these Terms and Conditions.
Water and Light’s failure to enforce 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” refer to Water and Light B.V.
All references to “you”, “your”, “the user” or “the customer” refer to the person or persons using the website, making a transaction, such as a donation or purchase of goods, 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 a user of the Website to Water and Light or any 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 post or courier service.
“Goods” means goods that you have purchased from Water and Light B.V.

3. place of jurisdiction, territorial restrictions and severability clause

All transactions shall be governed by and construed in accordance with EU law. All disputes between the user and Water and Light shall be exclusively brought before the courts of the EU. Nothing in these Terms and Conditions shall be construed to affect your statutory rights under EU law.
If any part of these Terms and Conditions is declared invalid or unenforceable in whole or in part by an EU court.

4. Order processing, prices, time of contract conclusion

Orders: We are happy to accept orders in the following ways: online transaction (secured server), email (unsecured), telephone, post or fax. All credit/debit card transactions are subject to a validation check and are authorized by the card issuer. We accept MasterCard, Visa, Delta, Maestro, Solo and Paypal. If the issuer of your card declines your payment to us, we will not be liable for any delays 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 Water and Light B.V. has accepted the order in writing or (if earlier) Water and Light B.V. has commenced execution of the order in whole or in part.
All prices are subject to change without notice.
Pricing and typographical errors: Prices and specifications are checked in good faith and while every effort is made to ensure their accuracy, no liability is accepted for errors and omissions. We reserve the right to change our prices and specifications without prior notice.
A transaction comes into existence and forms a contract when Water and Light receives your cleared funds for the donation or purchase. All contracts are concluded at the place of processing, which is Water and Light B.V., Bisschopsweg 2, 3732 HW, De Bilt, The Netherlands, EU.

5 Terms of payment and ownership of goods

Ownership of Goods – All items supplied to the customer remain the property of Water and Light B.V. until full payment of all sums relating to those goods has been received by us. Water and Light B.V. will not be deemed to have received payment until available funds have been received. 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 and to ensure that your credit card, debit card, bank card or PayPal account is not used without your consent, we will verify the name, address and other personal information you provide during the checkout process against relevant third party databases. By accepting these Terms and Conditions, you consent to such checks being carried out. In carrying out these checks, the personal data you provide may be passed to a registered credit reference agency who may store this information. You can be assured that this will only be done to confirm your identity, that no credit check will be carried out and that your credit rating will not be affected. Any information you provide will be treated securely and strictly in accordance with the Data Protection Act (Wbp) of 2018.
With the exception of VAT, the price is exclusive of any applicable sales taxes, other duties (including bank charges), import and export duties, which the customer must additionally bear when paying for the goods.

6. Terms of delivery

Water and Light B.V. ships products every working day – Monday through Friday, except public holidays. All orders are processed and shipped within 2 to 4 working days after receipt of your order.
We endeavor to ensure delivery within the stated delivery times and within a maximum of 30 working days. If for any reason we are unable to meet this deadline, we will contact you within 21 working days of your transaction to inform you of the situation. If there is a problem with the availability of the goods you have selected, our customer service team will inform you of the expected delivery date within 28 working days of your transaction with us. Please allow additional delivery times (details on request) for the delivery of special orders.
If you have any questions about delivery, please contact our customer service (info@analemma-water.nl). Ordered items will be delivered as quickly as possible according to the desired delivery service. For information on the costs of the various delivery services, please contact our customer service.
All shipping costs are subject to change without notice.
If you live in a remote area, additional shipping costs may apply. In this case, we will contact you before shipping.
We cannot be held liable for consequential damages caused by late delivery or non-delivery by the carrier contracted by the company. Liability in such cases is limited to the value of the items that the customer can prove he has not received.
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 the shipping costs and the return shipping costs.

Import duties and taxes

Water and Light B.V. ships products to over 100 countries worldwide. Please note that you are responsible for knowing your country’s laws regarding the shipment of goods. We are not responsible for import duties or customs regulations. We make every effort to keep up to date with the laws in countries around the world, but these laws change frequently and we cannot be 100% sure that we are aware of the latest changes. Therefore, please check with your customs authority. We ship your package discreetly, but at your own risk.
Each country has different laws and regulations regarding the purchase of products from other countries. Before placing your order, please check your local customs regulations for shipping dietary supplements. It is your own responsibility to find out what is and is not legal in your country. We always pack the products discreetly and ship them in such a way that you receive your order in the best possible way.
We cannot be held liable for any taxes, import duties, levies, quarantine fees or storage costs charged by your local customs authority. These costs are not included in your shipping costs and will be charged to you directly by the customs authority.
Water and Light B.V. does not ship products to countries for which a permit is required, in accordance with legal regulations. We are not liable for any problems encountered at your local customs office. No refunds will be given for items that are confiscated or undelivered by your local customs authority unless they are returned to us. Water and Light B.V. is not liable for any import duties or taxes levied by your local customs authority. Any import duties or taxes incurred are your responsibility; we will of course assist you to the best of our ability. By placing an order on our website, you agree to our shipping conditions and our general terms and conditions.

General delivery times, depending on location:

Standard shipping options (domestic): 1-3 working days
Standard shipping options (international): 2-5 working days

7. right of return

We are confident that you will enjoy your Analemma product, but there may be occasions when you wish to return an item. We strive to make the process as easy as possible and these conditions do not affect your statutory rights.
We try to process all returns as quickly as possible.

Unintended product

Our aim is for you to be satisfied with every order you place on www.analemma-water.nl. If you are not satisfied with an item on receipt or have simply changed your mind, please return it to us within 30 days, together with the delivery bill, in reasonable condition and undamaged, complete with packaging and all components. We will refund the price you paid for this product (excluding shipping costs).
Refunds will be made within 30 days or sooner after we have inspected the returned item and are satisfied that it has been received by us in the same condition in which it was delivered to you, directly to the credit/debit card used for the original order.
You only bear the costs for returning the products.
Your statutory rights remain unaffected.

Defective products

We make every effort to select and package the products as well as possible so that they arrive in perfect condition. However, if a product is damaged, defective or does not match the product you ordered, we will replace it free of charge or refund the purchase price in full, provided you return the product to the postal address below within 30 days of receipt.
In these cases, we will also reimburse you for the costs of the return shipment. Please request proof of dispatch from your post office so that we can process the reimbursement of your return costs.
For assistance with items purchased more than 30 days after your purchase, you can contact us by email for more information.
Your statutory rights remain unaffected.
The customer is obliged to inspect the shipment upon delivery and to report any damage immediately within 5 days of delivery.
The customer agrees that Water and Light B.V. cannot be held liable for damage if written notification and a photo of the damage are not sent to Water and Light B.V. within 5 days of delivery.

Return of unordered or defective products

Please contact us by e-mail (info@analemma-water.de) to inform us of your wish to return products. We will be happy to advise you on how to return the item to us. In some cases, items may need to be collected by a courier service. Otherwise, use a secure shipping method that requires a signature upon receipt (e.g. registered mail with PostNL) and send it to:

Water and Light B.V.
Bisschopsweg 2
3732HW, De Bilt
The Netherlands

You are responsible for the returned products until we receive them.

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 working days of receiving the order.

If you wish to cancel your order in accordance with the DAR, please contact our customer service department stating your name and order number:

by e-mail to info@analemma-water.de

We will then ensure that you receive a corresponding refund.

If you cancel your order within this withdrawal period, we will refund the cost of the item and the shipping costs as follows:

If you are returning an item that is part of a larger order, we will refund any specific shipping costs you have incurred for that item in addition to our standard shipping costs.
If you return your entire order, we will refund the standard shipping costs incurred.
If we collect an item from you, we reserve the right to charge you for the cost of collection.

8. Customer feedback, praise and complaints

Up to 3 months after receiving your goods, we may send you a message asking you to rate the goods you have purchased or our customer service. These messages are in accordance with our privacy policy.
All complaints or praise can be sent to our customer service. We will endeavor to deal with your complaint within five working days of receipt. If we are unable to deal with your complaint immediately, we will inform you within 14 working days of the action we will take and the likely duration of that action and keep you informed of any investigation we carry out into your complaint, to the extent permitted by English law.

9. Limitation of liability and indemnification

Nothing in these Terms and Conditions excludes liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which cannot be limited or excluded under EU law.
We will use reasonable endeavors to verify the accuracy of all information on the Website, but make no representations or warranties, express or implied, statutory or otherwise, as to the content of the Website.
We do not warrant that the Website or the server that makes it available is free from viruses or that its contents are accurate. We will not be responsible or liable to you for any loss of any kind incurred as a result of any action taken on the basis of any material or information contained on the Website.
Water and Light B.V. employees or agents 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 fitness of the products for a particular purpose of the customer or their compatibility with other products, unless (a) confirmed in writing in a contract or (b) agreed between 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 is not relying on any such unconfirmed representations and waives any claim for breach of such representations.
Any advice or recommendation given by Water and Light B.V. or its employees or agents to the customer or its employees or agents in relation to the storage, application or use of Water and Light B.V.’s products in relation to the storage, application or use of Water and Light B.V.’s products, which has not been (a) confirmed in writing in an agreement or (b) agreed between the parties in a written amendment to an agreement and these General Terms and Conditions, is at the sole risk of the customer and Water and Light B.V. shall accordingly not be liable for any such advice or recommendations which have not been so confirmed.
We shall not be liable in contract or tort (including but not limited to negligence) except in cases of fraud or negligence.
Without prejudice to the foregoing, our total liability (in contract, tort or otherwise) for any 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 statutory rights as a consumer or your contractual rights of withdrawal under EU law.
In accordance with our Privacy Policy, 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 caused by unauthorized access to information you have provided to us.

10. Force majeure

We shall not be liable and shall not be deemed to be in breach of contract if we are unable to perform any of our obligations due to delay in performance or failure to perform any of our obligations if such delay or failure is due to causes beyond our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of time for the performance of such obligations. Without prejudice to the generality of the foregoing, the following events shall be deemed to be causes beyond our reasonable control: Natural disasters, explosions, floods, storms, fires or accidents; war or threat of war, sabotage, riot, civil commotion or confiscation; acts, restrictions, regulations, orders, 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 relating to employees of Water and Light B.V. or a third party); problems in obtaining raw materials, labor, fuel, spare parts or machinery; power failure or machinery breakdown, material breach of contract or other failure of our suppliers or subcontractors to perform. If such circumstances make it impossible for us to deliver all or part of the items ordered within a reasonable period of time, the customer’s liability shall be limited to the value of the items already delivered plus any reasonable delivery costs.

11. Privacy policy & security

Please read our privacy policy.
We endeavor to take all reasonable steps to protect your personal data. However, we cannot guarantee the security of information transmitted online. You accept the security risks associated with transmitting information and doing business online via the Internet and will not hold us liable for any breach of security unless it is due to our negligence.

12 Intellectual property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material and/or content provided to you in the course of your use of this website shall at all times remain our property. We do not grant any 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 for use on this website only. You further acknowledge that any other use of the content of this website is strictly prohibited and that you agree not to infringe our intellectual property rights or enable others to infringe our intellectual property rights.

13. Act on the Protection of Consumers in Distance Selling Contracts (WBCD)

You have the right to cancel your order within seven working days of the date of delivery of the goods purchased from us for any unused item purchased through our website, in accordance with the provisions of the Distance Selling Act, for a refund of the purchase price.
If you wish to cancel an order, you can notify us by email, fax or letter, quoting your order number. All goods must be returned at your expense unless the item has been declared faulty and our guarantee under clause 8 applies. In this case, we will refund you upon receipt of the goods.
If the goods are returned in unused condition and in their original packaging with all accessories, you will receive a refund within thirty working days of receipt of the goods by us.

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 to this Agreement shall have any rights under this Agreement. The terms of this Agreement may be varied, adapted or modified by written agreement between the parties or this Agreement may be suspended, terminated or ended or this Agreement may be revoked (in each case) without the consent of any third party.