Terms of service

Overview

Welcome to Clarté Lights. The terms “we,” “us,” and “our” refer to N.M. Commerce, trading as Clarté Lights, which operates this store and website at https://www.clartelights.com/, including all related information, content, features, tools, products and services (the “Services”). Our store is hosted on Shopify, which provides the platform that enables us to offer the Services to you.

The terms and conditions below, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including sections on liability and on how disputes are resolved.

You accept these Terms and our Privacy Policy by visiting, interacting with, or using our Services. If you do not agree to them, please do not use or access the Services.

Nothing in these Terms excludes or limits your statutory rights as a consumer. Where any provision of these Terms conflicts with a mandatory consumer protection rule of the country in which you reside, that rule prevails.

Section 1 - Access and Account

By agreeing to these Terms, you confirm that you are at least 18 years of age, and that you consent to any minor in your care using the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You confirm that the information you provide is correct, current and complete, and that you have the rights necessary to provide it.

You are responsible for keeping your account credentials secure and for activity carried out under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We take care to represent our products accurately. Please note that colours and finishes may appear differently on your screen depending on your device and its settings.

Product descriptions and specifications may change at any time. We may discontinue any product, and we may limit the quantities we offer to any person, region or jurisdiction.

Where a product you receive does not match its description, your statutory rights apply in full. See Section 15 and our Refund Policy.

Section 3 - Orders

When you place an order, you are making an offer to purchase. We may accept or decline an order at our discretion. Your order is accepted only when we confirm acceptance, and we must have received and processed your payment before that point. If we decline, change, or cancel an order, we will contact you using the email address, billing address or phone number you provided.

Please review your order carefully before submitting it, as we may be unable to accommodate changes once an order has been accepted.

Right to cancel. If you are a consumer, you have a statutory right to cancel your order within 14 days of receiving it, without giving a reason. For purchases made from the Netherlands this arises under Article 6:230o and following of the Dutch Civil Code; for purchases made from the United Kingdom, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Full details, including how to cancel and how refunds are calculated, are set out in our Refund Policy.

Our products are sold for use in your own home or in your own hospitality premises. Trade customers purchase for installation in their own venues. Resale, distribution or export of our products requires our prior written agreement; please contact us to discuss terms.

Section 4 - Prices and Billing

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when your order is placed, as confirmed in your order confirmation email.

Prices are displayed in the currency of the market you are shopping in and include VAT at the applicable rate. Shipping costs, where they apply, are shown at checkout. Orders shipped to the United Kingdom are sent on a delivered duty paid basis; you will not be asked to pay import charges on delivery.

We may occasionally run promotions governed by their own terms. Where those terms conflict with these Terms, the promotion terms take precedence.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it up to date so that we can complete your transactions and contact you when needed.

You confirm that:

the payment information you provide is true, correct and complete;
you are authorised to use the payment method for the purchase;
your payment provider will honour the charges incurred; and
you are responsible for paying all charges incurred, including the posted prices, any shipping fees, and applicable taxes.

Section 5 - Shipping and Delivery

Delivery times are estimates. We are not responsible for delays caused by carriers, customs processing, or events outside our reasonable control, although we will always help you resolve them.

Risk of damage to or loss of the products passes to you at the moment you, or someone you have nominated, takes physical possession of them. Title passes on full payment.

Delivery destinations, carriers, costs and timeframes are set out in our Shipping Policy.

Section 6 - Intellectual Property

The Services, including trademarks, brands, text, images, graphics, product reviews, videos and audio, together with their design and arrangement, belong to Clarté Lights, its affiliates or its licensors, and are protected by Dutch, European Union, United Kingdom and international patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your own personal or internal business use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Clarté Lights or any third party. Unauthorised use of the Services may infringe Dutch, European Union or United Kingdom intellectual property law. All rights not expressly granted are reserved by Clarté Lights.

The Clarté Lights name, logo, product and service names, designs and slogans are trademarks of N.M. Commerce or its licensors. You must not use them without our prior written permission. All other names, logos and marks appearing on the Services belong to their respective owners.

Section 7 - Optional Tools

You may be given access to tools provided by third parties as part of the Services. We do not monitor or control these tools and have no input into them.

We provide access to such tools “as is” and “as available”, without warranties or endorsement of any kind, and we accept no liability arising from your use of them. Your use of any optional third-party tool is at your own discretion, and we recommend that you review the terms on which that provider offers it.

We may introduce new features and tools in future. These will also form part of the Services and be subject to these Terms.

Section 8 - Third-Party Links

The Services may contain links to websites operated by third parties, including embedded third-party functionality. We do not review or evaluate the content or accuracy of those sites. If you choose to leave the Services to visit them, you do so at your own risk.

We are not liable for any harm or loss arising from your use of a third-party website, or from products or services you obtain there. Please review that party's policies before you transact with them, and direct any complaints or questions about their products or services to them.

Section 9 - Our Store Platform

Our store is hosted on Shopify, which provides the platform that enables us to offer the Services to you. Any sale or purchase you make in our store is made directly with Clarté Lights. Shopify is not a party to that sale and is not responsible for any aspect of it, including any injury, damage or loss arising from the products or services you purchase. Your statutory rights against us as the seller are unaffected.

Section 10 - Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information is also processed by Shopify as our hosting provider; details are set out in that policy, including how to exercise your rights and which supervisory authority you may complain to.

Because the Services are hosted by Shopify, information you submit will be transmitted to Shopify and, where necessary to provide the Services, to third parties that may be located outside the country in which you reside. Where personal data leaves the European Economic Area or the United Kingdom, we rely on recognised transfer mechanisms as described in our Privacy Policy.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals or other content (together, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. We may use this licence to operate, evaluate, improve and promote the Services.

You confirm that:

you own all necessary rights to the Feedback, or have obtained them from the rightful owner;
you have disclosed any compensation or incentive you received in connection with submitting it; and
your Feedback complies with these Terms.

We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes the rights of any third party or breaches these Terms.

You agree that your Feedback will not infringe any third-party right, including copyright, trademark, privacy or personality rights; will not be defamatory, abusive, obscene or otherwise unlawful; and will not contain any virus or other malicious code. You may not use a false email address, impersonate another person, or otherwise mislead us or others as to the origin of your Feedback. You are responsible for the Feedback you submit and for its accuracy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such error, and to change or update information or cancel an order where information was inaccurate, at any time and without prior notice, including after you have submitted your order.

Where we cancel an order for this reason after you have paid, we will refund you in full.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

for any unlawful or malicious purpose;
to breach any applicable Dutch, European Union, United Kingdom or international law or regulation;
to infringe our intellectual property rights or those of others;
to harass, abuse, insult, defame, disparage, intimidate or harm any of our employees or any other person;
to transmit false or misleading information;
to send, receive, upload, download or reuse any material that does not comply with these Terms;
to send or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters or spam;
to impersonate, or attempt to impersonate, any other person or entity; or
to engage in any conduct that restricts or inhibits anyone else's use of the Services, or that may harm us or other users or expose us or them to liability.

You also agree not to:

upload or transmit viruses or other malicious code affecting the functionality or operation of the Services;
reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape; or
interfere with or circumvent the security features of the Services, any related website, or the internet.

We may suspend, disable or terminate your account if we determine that you have breached this section.

Section 14 - Termination

We may terminate this agreement or your access to the Services at any time where you have breached these Terms, or where we cease to operate the Services. You remain liable for all amounts due up to and including the date of termination. Termination does not affect any order we have already accepted, or your statutory rights in relation to products already purchased.

The following sections survive termination: Intellectual Property, Feedback, Termination, Limitations of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy, together with any other provision that by its nature should survive.

Section 15 - Statutory Rights and Disclaimers

Information presented on the Services is provided for general information purposes. We do not warrant that it is complete or free from error, and any reliance you place on it is at your own risk.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Your statutory rights are not affected. If you are a consumer, we are legally required to supply products that conform to the contract: that match their description, are of satisfactory quality, and are fit for purpose. For purchases made from the Netherlands this arises under Article 7:17 of the Dutch Civil Code; for purchases made from the United Kingdom, under the Consumer Rights Act 2015, including your short-term right to reject within 30 days. Our commercial warranty is offered in addition to those rights and does not replace them.

Where you contract with us as a business rather than as a consumer, and to the extent permitted by law, all implied terms and warranties are excluded and the Services and products are provided on an “as is” basis.

Section 16 - Limitations of Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for defective products under applicable product liability law, or for any other liability that cannot be limited or excluded by law.

Subject to the paragraph above, and to the fullest extent permitted by law, we are not liable for any indirect or consequential loss, including lost profits, lost revenue, lost savings or loss of data, arising from your use of the Services or of any product purchased through them.

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

If you contract with us as a business, our total liability arising out of or in connection with any order is limited to the price paid for that order.

Section 17 - Indemnification

If you use the Services in the course of a business, you agree to indemnify and hold harmless N.M. Commerce and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party and arising out of:

your breach of these Terms or of any document they incorporate by reference;
your breach of any law or of the rights of a third party; or
your access to and use of the Services.

We will notify you promptly of any claim to which this section applies. We may control the defence and settlement of such a claim, but will only settle a claim that imposes non-monetary obligations on you with your consent, which you must not unreasonably withhold. You agree to cooperate in defending such claims. This section does not apply to consumers.

Section 18 - Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the unenforceable part will be treated as severed. This will not affect the validity or enforceability of the remaining provisions.

Section 19 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies published by us in relation to the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any earlier version of these Terms.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer, assign or sublicense this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempt to do so will be void. We may transfer or assign these Terms and our rights and obligations under them, provided this does not reduce the rights you have under them.

Section 21 - Governing Law and Jurisdiction

For purchases made from the Netherlands, these Terms and any separate agreement under which we provide you the Services are governed by and construed in accordance with the laws of the Netherlands, and disputes are submitted to the competent courts of the Netherlands.

For purchases made from the United Kingdom, these Terms and any separate agreement under which we provide you the Services are governed by and construed in accordance with the laws of England and Wales, and disputes are submitted to the courts of England and Wales.

If you are a consumer, you may in all cases bring proceedings in the courts of the country in which you reside, and you continue to benefit from the mandatory consumer protection rules of that country.

Section 22 - Headings

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 23 - Changes to the Terms of Service

You can review the most current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms by posting the revised version on our website. It is your responsibility to check this page periodically. We will notify you of any material change in accordance with applicable law, and the change will take effect on the date specified in that notice. Your continued use of the Services after a change takes effect constitutes acceptance of it. Changes do not apply retrospectively to orders we have already accepted.

Section 24 - Contact Information

Company Details

Website Name: Clarté Lights
Company name: N.M. Commerce
Company Number: 89402669
VAT Number: NL004723901B64
D-U-N-S Number: 494615488

Get in Touch

Phone: +31 6 17486348
Email: info@clartelights.com
Address: Anjelierenstraat 13, 1441 HK Purmerend, Netherlands
Customer service: Monday to Saturday: 9 AM–7 PM.

If you have a problem, please contact us; we answer within 24 hours.