TERMS & CONDITIONS OF TRADING

General Terms and Conditions

Definitions:
- Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
- Consumer: The natural person acting outside the exercise of a professional or commercial activity and entering into a distance contract with the entrepreneur.
- Distance Contract: A contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, one or more remote communication techniques are used until the contract is concluded.
- Remote Communication Technique: A medium that allows the conclusion of a contract without the consumer and entrepreneur being simultaneously present at the same location.
- Reflection Period: The period during which the consumer can exercise their right of withdrawal.
- Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period.
- Day: Calendar day.
- Duration Transaction: A distance contract regarding a series of products and/or services, where deliveries and/or purchase obligations are spread over time.
- Durable Data Carrier: Any medium that allows the consumer or entrepreneur to store personal information addressed to them, in a way that makes it easy to consult and reproduce the information unchanged.
Article 2 - Identity of the Entrepreneur

LEDS DO IT Import S.L.
LUGAR QUILIN 498
29120 Alhaurin El Grande
Malaga, Spain
VAT: ESB75251629

Email: info@dimay.com

Article 3 - Applicability

These general conditions apply to any offer by the entrepreneur and any distance contract between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions are available for consultation by the consumer and, upon request, will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, the text of these general conditions may be provided electronically to the consumer before the contract is concluded, so that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the consumer can consult the general conditions electronically, and they will be sent, at the consumer's request, by electronic or other means, free of charge.
In case specific conditions for products or services apply alongside these general conditions, the second and third paragraphs will apply accordingly, and the consumer may invoke the provision that benefits them the most if the general conditions are contradictory.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer will include a complete and accurate description of the offered products and/or services. The description will be detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they must be a faithful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer will include the necessary information to allow the consumer to understand their rights and obligations upon accepting the offer. This includes, in particular:
- The price including taxes;
- Delivery costs, if any;
- How the contract will be concluded and what actions are required for this;
- Whether the right of withdrawal applies or not;
- Payment, delivery, or execution methods;
- The period to accept the offer or pay the price;
- The communication charge for remote communication if the costs for the technology used for remote communication are different from the basic rate;
- Whether the contract is filed after being concluded, and how the consumer can access it;
- How the consumer will be informed of unwanted actions before concluding the contract, and how they can correct them before the contract is concluded;
- The languages in which, in addition to Spanish, the contract can be concluded;
- The codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically;
- The minimum duration of the distance contract for agreements involving continuous or periodic delivery of products or services.
Article 5 - The Contract

The contract is concluded when the consumer accepts the offer and fulfills the conditions stated therein, unless stated otherwise in paragraph 4.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance without delay by electronic means. Until this confirmation is received, the consumer can cancel the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can make an electronic payment, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, verify whether the consumer can fulfill their payment obligations, as well as any relevant facts or factors for concluding the distance contract responsibly. If the entrepreneur has reasonable grounds to reject the contract based on this investigation, they have the right to reject an order or request, or to impose special conditions for execution.
The entrepreneur will provide the consumer with the following information in writing or in a way that the consumer can store it in a durable data carrier:
- The address of the entrepreneur's establishment where the consumer can submit complaints;
- The conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of this right;
- Information about after-sales service and existing guarantees;
- The details mentioned in Article 4, paragraph 3, unless already provided to the consumer before the contract's execution;
- The cancellation requirements if the contract lasts more than one year or is indefinite.
  If the entrepreneur is obliged to deliver a series of products or services, the above provision will only apply to the first delivery.
Article 6a - Right of Withdrawal for Product Delivery

The customer may request 1 test product and has the option to withdraw from the contract without giving reasons within 14 days. This period begins the day after the consumer or their representative receives the product.
Note: If multiple products are returned, DIMAY B.V. will charge a 25% fee.
During this period, the consumer must handle the product and its packaging with care. It should only be unpacked or used to the extent necessary to assess whether they want to keep the product. If the consumer decides to exercise the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the clear and reasonable instructions provided by the entrepreneur.

Article 7 - Costs of Exercising the Right of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will be at their expense, at most. If using the product causes depreciation, the consumer will be responsible for it. If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but within a maximum of 14 days after the cancellation or withdrawal. The refund can be made once the purchased products are received.

Article 8 - Exclusion of the Right of Withdrawal

If the consumer has no right to withdraw, the entrepreneur may only exclude this right if it is clearly indicated in the offer or at least sufficiently in advance before the contract is concluded. The exclusion of the right of withdrawal is only possible for products:
- Manufactured according to the consumer's specifications;
- Of a clearly personal nature;
- That cannot be returned by their nature;
- That deteriorate quickly or expire;
- Whose prices are subject to fluctuations in the financial market that the entrepreneur cannot control.
Article 9 - The Price

During the period of validity indicated in the offer, the prices of the offered products and/or services will not increase, except for changes in VAT rates. The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and that cannot be controlled by the entrepreneur, at variable prices. This linkage to fluctuations and the fact that the prices indicated may be approximate will be stated in the offer. Price increases within 3 months of the contract's conclusion are allowed only if they are the result of legal regulations or provisions. Price increases after 3 months are only allowed if agreed upon by the entrepreneur and:
- Are the result of legal regulations or provisions; or
- The consumer has the right to cancel the contract on the day the price increase takes effect.
  The prices indicated in the offer of products or services include VAT.
Article 10 - Compliance and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable quality requirements, and the applicable legal and governmental regulations at the time of concluding the contract. Any guarantee offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer can exercise for a breach of the entrepreneur’s obligations under the law and/or the distance contract. Customers should send any broken products during the warranty period to the address provided by Dimay B.V. The products must retain the original lamp label.

Article 11 - Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing product orders and evaluating service requests. The delivery address will be the one provided by the consumer. According to Article 4 of these terms and conditions, the company will process accepted orders as quickly as possible, but within a maximum of 30 days, unless a longer delivery period has been agreed upon. If there are delays in delivery, or if an order cannot be fully executed, the consumer will be notified within one month of placing the order. In such cases, the consumer has the right to cancel the contract without any costs and may be entitled to compensation. In the event of cancellation, the entrepreneur will refund the amount paid by the consumer as soon as possible, but within a maximum of 30 days after the cancellation. If the delivery of an ordered product is impossible, the entrepreneur will try to offer a substitute item. At the time of delivery, it will be clearly communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute products. The costs of return will be borne by the entrepreneur. The risk of damage and/or loss of products remains with the seller until the product is delivered to the consumer, unless expressly agreed otherwise. If the packaging is damaged, the customer must immediately inform the company in the delivery note and send a photo of the damage to: info@dimay.com. Upon delivery, the customer must check the product for possible damages. Damages should be photographed on the same day and sent by email to info@dimay.com. In case of special orders for a customer, the buyer must pay in advance. Specially ordered products for a customer cannot be returned.

Article 11-1 - Trial Product Return Order

The customer has the option to request a product as a trial. If the product does not meet the customer’s expectations, they may return it at no cost within 14 days, in its original packaging. If multiple products are ordered, these will not be accepted for return.

Article 12 - Indefinite Duration Contracts

The consumer may cancel a contract concluded for an indefinite period at any time, respecting the cancellation rules agreed upon and providing a notice period of a maximum of one month. A contract concluded for a fixed period will have a maximum duration of two years. If it has been agreed that, in the case of no response from the consumer, the contract will be tacitly renewed, the contract will continue as an indefinite duration contract, and the notice period after renewal will be a maximum of one month.

Article 13 - Payment

Deliveries must be paid in advance.

Article 14 - Complaint Procedure

The entrepreneur has a sufficiently communicated complaint procedure and will handle complaints in accordance with this procedure. Complaints regarding the execution of the contract must be submitted completely and clearly within a reasonable period after the consumer detects the defects. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires more processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and indicate when the consumer can expect a more detailed response.

Article 15 - Intellectual Property

The buyer expressly acknowledges that all intellectual property rights over the information displayed, communications, or other expressions related to the products and/or website belong to Dimay, its suppliers, or other rights holders.

Article 16 - Personal Data

Dimay will process the buyer’s data only in accordance with its privacy policy. Dimay will comply with applicable privacy laws and regulations.

Article 17 - Applicable Law and Competent Court

All offers, contracts, and their execution from Dimay will be governed solely by Dutch law. The application of the Vienna Convention on Sales is expressly excluded.

Article 18 - Links

Dimay’s website may contain advertisements from third parties or links to other websites. Dimay has no control over the privacy policies of these third parties or their websites and is not responsible for them.

Article 19 - Your Rights

You may request at any time from Dimay which data about you is being processed. You can send an email for this. You may also request via email that Dimay make corrections, improvements, or additions to that data, which Dimay will process as soon as possible. If you no longer wish to receive information, you can notify Dimay. Information will only be sent if you have provided your email address.

Article 20 - Additional or Divergent Provisions

Additional provisions or those differing from these general terms and conditions must not be harmful to the consumer and must be recorded in writing or in a way that allows the consumer to store them in an accessible durable data medium.