Terms & Conditions
Seller: Lucky Lures (JP Vermeijden), located in Rotterdam, The Netherlands who is the user of these General Terms and Conditions, with the address at Berglustlaan 58a, 3054 BJ, Rotterdam, under number
Customer: The individual with whom Lucky Lures has entered into an agreement.
Parties: Lucky Lures and Customer collectively.
Consumer: A customer who is also an individual and acts as a private person.
**APPLICABILITY OF GENERAL TERMS AND CONDITIONS**
These terms and conditions apply to all quotations, offers, works, orders, agreements, and deliveries of services or products by or on behalf of Lucky Lures. Parties may only deviate from these terms if they have expressly agreed to do so in writing. The parties expressly exclude the applicability of additional and/or differing general terms and conditions of the customer or of third parties.
All prices used by Lucky Lures are in euros, including VAT and excluding any other costs such as administration costs, taxes, and travel, shipping, or transportation costs, unless expressly stated otherwise or agreed otherwise. All prices that Lucky Lures applies to its products or services, on its website, or otherwise made known, may be changed by Lucky Lures at any time. Increases in the cost prices of products or parts thereof, which Lucky Lures could not have foreseen at the time of making the offer or the conclusion of the agreement, may give rise to price increases. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
**CONSEQUENCES OF NOT PAYING ON TIME**
If the Customer fails to pay within the agreed term, Lucky Lures is entitled to charge an interest rate of 1% per month from the day the Customer is in default, where a part of a month is counted as a whole month. In addition, if the Customer is in default, they will also owe extrajudicial collection costs and any possible compensation for damages to Lucky Lures. The collection costs shall be calculated based on the Decree on reimbursement of extrajudicial collection costs. If the Customer fails to pay in time, Lucky Lures may suspend its obligations until the Customer has fulfilled its commitment. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the customer, the claims of Lucky Lures on the customer shall be immediately due. If the Customer refuses to cooperate in the performance of the agreement by Lucky Lures, they are still obliged to pay the agreed price to Lucky Lures.
**RIGHT OF ADVERTISING**
As soon as the customer is in default, Lucky Lures is entitled to invoke the right to advertise the unpaid products delivered to the customer. Lucky Lures invokes the right of advertising by means of a written or electronic communication. Once the Customer has been informed of the right of advertising invoked, the Customer must promptly return the products to Lucky Lures, unless other arrangements are made by the parties. The costs of retrieving or returning the products are borne by the customer.
**RIGHT OF WITHDRAWAL**
A consumer may cancel an online purchase for a 14-day reflection period without giving any reason, provided that:
- the product has not been used
- it is not a product that is especially made or adapted for the consumer
- it is not a product that cannot be returned for hygienic reasons (e.g. clothing, caps, etc.)
- it is not an emergency repair (order)
- the consumer has not waived their right of withdrawal
The 14-day period of reflection as referred to in paragraph 1 shall commence:
- on the day after the consumer has received the last product or part of the 1st order
- once the consumer has received the first product The consumer may make their appeal to the right of withdrawal via the contact form, if desired using the withdrawal form which can be downloaded via the website of Lucky Lures. The consumer is obliged to return the product to Lucky Lures within 14 days of the notification of their right of withdrawal, failing which their right of withdrawal shall lapse. Discounted items, custom items, or custom items specially customized for the customer cannot be returned. The costs of returning the goods will be borne by the consumer. If the purchase costs are eligible for reimbursement by law, Lucky Lures will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Lucky Lures on time. Return shipments should be addressed to Lucky Lures (JP Vermeijden) located at Berglustlaan 58a, 3054 BJ, Rotterdam in The Netherlands.
**RIGHT OF SUSPENSION**
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any of the obligations arising from this agreement.
**RIGHT OF RETENTION**
Lucky Lures may invoke its right of retention and, in that case, retain Customer’s products until Customer has paid all outstanding accounts for Lucky Lures, unless Customer has provided sufficient security for those costs. The right of retention also applies based on previous agreements from which the customer still owes payments to Lucky Lures. Lucky Lures shall never be liable for any damage that the customer may suffer as a result of using their right of retention.
Unless the Customer is a Consumer, Customer waives their right to set off a debt to Lucky Lures against a claim against Lucky Lures.
**RETENTION OF TITLE**
Lucky Lures will remain the owner of all the products delivered until Customer has fulfilled all their payment obligations towards Lucky Lures under any agreement concluded with Lucky Lures, including any claims for failure to comply. Until then, Lucky Lures may invoke its retention of title and take back the goods. Before the ownership has been transferred to the customer, the customer may not pledge, sell, dispose or otherwise encumber the products. If Lucky Lures invokes its retention of title, the agreement shall be deemed to be dissolved, and Lucky Lures shall have the right to claim damages, lost profits, and interest.
Our delivery process is subject to product availability. For online orders, deliveries will be made to the address specified by the customer. In the case of any outstanding or delayed payments for the agreed-upon amounts, Lucky Lures reserves the right to temporarily suspend its delivery obligations until the outstanding portion is settled. Please note that in the event of delayed payment, the customer cannot contest a delayed delivery from Lucky Lures.
Additionally, for custom commissioned lures, we will dispatch them as soon as they are completed. As for items currently in stock, we will strive to send them out as quickly as possible.
The delivery times specified by Lucky Lures are indicative and, if exceeded, do not entitle the Customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing. The delivery time begins when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from Lucky Lures. Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Lucky Lures cannot deliver within 14 days after having been reminded in writing to do so or the parties have agreed otherwise. EU and UK orders could take 1 – 2 weeks to be delivered, USA orders could take 2 – 3 weeks, and other International orders may take longer. But please rest assured your order will still be delivered to you as quickly and as safely as possible.
The customer must ensure that the actual delivery of the products ordered by them can take place on time.
**TRANSPORTATION / SHIPPING COST**
Shipping and/or shipping costs are at the customer’s expense unless the parties have agreed otherwise.
**PACKAGING AND SHIPPING**
If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the freight forwarder or carrier; failing which Lucky Lures cannot be held liable for any damage. If the customer is responsible for the transport of a product, they must report any visible damage to products or packaging prior to transportation to Lucky Lures, failing which Lucky Lures cannot be held liable for any damage. Lucky Lures cannot be held liable for any loss and/or theft during transport.
The warranty for products applies only to defects caused by faulty manufacture, construction, or material. The warranty does not apply in the case of normal wear and damage caused by accidents, modifications made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly identified. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties shall be at the customer’s expense when they are legally and/or effectively delivered, at least in the customer’s power or from a third party receiving the product on behalf of the customer.
Customer indemnifies Lucky Lures against all claims of third parties relating to the products and/or services provided by Lucky Lures.
Customer must have promptly verified a product or service provided by Lucky Lures, but no later than 6 days for any deficiencies. Any errors found must be reported in writing immediately, but within 3 working days of the discovery. The customer will provide the most detailed description of the deficiency so that Lucky Lures is able to respond appropriately. The customer must demonstrate that the complaint relates to an agreement between the parties. In any event, if a complaint relates to work in progress, it cannot lead to Lucky Lures being held to perform activities other than those agreed. If a defect is not reported or is not reported in time, the goods shall be deemed to have been accepted.
**NOTICE OF DEFAULT**
The customer must notify Lucky Lures in writing of any notice of default. It is the responsibility of the customer to ensure that a notice of default actually reaches Lucky Lures in time.
**CUSTOMER ROLL CALL LIABILITY**
If Lucky Lures enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts owed to Lucky Lures under that agreement.
Claims against Lucky Lures may not be submitted without their express consent.
**LIABILITY, CUSTOM HANDMADE NATURE, AND DURABILITY OF LURES**
Lucky Lures is solely liable for any damage suffered by the Customer if and to the extent that such damage is caused by willful misconduct or willful recklessness. If Lucky Lures is liable for any damages, they are only liable for direct damages resulting from or related to the performance of an agreement. Lucky Lures is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
All images, photographs, colors, drawings, descriptions on the website, social media, or in a catalog are only indicative and are only approximate and cannot be the cause of compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. Claims within the meaning of product liability are excluded unless the trustee can prove that the error was caused by Lucky Lures and at least gross negligence.
Each lure is custom handmade, and as a result, it may differ from the photos on the website. We take great care to create unique lures that meet our high standards. It's important to be aware that while our lures are exceptionally durable, they are not indestructible. In the event of any damage, repairs are possible, but there may be associated costs.
Moreover, we offer specific lure models designed exclusively for trolling purposes. Due to their unique design and weight, these models are not suitable for casting. Attempting to cast them may result in breakage or damage to the paintwork and topcoat. Should such damages occur, we can generally repair them, but it's important to note that the client will be responsible for the associated repair costs.
**RIGHT TO DISSOLVE**
The Customer shall have the right to terminate the Agreement if Lucky Lures is guilty of failing to fulfill its obligations unless such failure does not justify the dissolution, in view of its particular nature or minor significance. If the performance of the obligations by Lucky Lures is not permanent or temporarily impossible, dissolution can only take place after Lucky Lures is in default. Lucky Lures has the right to terminate the agreement with the Customer if Customer fails to fully or promptly fulfill its obligations under the agreement or if Lucky Lures has taken note of circumstances that give them good grounds to fear that the customer will not be able to properly fulfill their obligations.
In addition, a failure by Lucky Lures in fulfilling any obligation to the customer cannot be attributed to Lucky Lures in any event of force majeure, an independent situation that prevents the fulfillment of its obligations toward the customer in whole or in part, or which does not reasonably require the fulfillment of its obligations by Lucky Lures. The situation of force majeure includes, but is not limited to, the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies, or other third parties; unexpected power, electricity, Internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions, and work stoppages. If a situation of force majeure occurs that prevents Lucky Lures from fulfilling one or more obligations to the customer, such obligations shall be suspended until Lucky Lures can meet them again. From the moment that a situation of force majeure has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. Lucky Lures shall not be liable for any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the situation of force majeure.
**MODIFICATION OF THE AGREEMENT**
If, after the conclusion of the agreement, it appears necessary to amend or supplement its contents for its implementation, the Parties shall adapt the agreement accordingly in good time and in agreement with each other.
**CHANGE OF TERMS AND CONDITIONS**
Lucky Lures is entitled to modify or supplement these terms and conditions. Changes of minor importance can be made at any time. Major changes in content will be discussed with Lucky Lures in advance with the customer as much as possible. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
**TRANSFERS OF RIGHTS**
Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Lucky Lures.
**CONSEQUENCES OF VOIDNESS OR VOIDABILITY**
If one or more provisions of these General Terms and Conditions prove null and void or void, this shall not affect the other provisions of these Terms and Conditions. A provision that is void or voided shall in that case be replaced by a provision closest to what Lucky Lures intended to do when drawing up the terms at that point.
**APPLICABLE LAW AND COMPETENT COURT**
Any agreement between the parties shall be governed exclusively by Dutch law. The maneuverability of UN-buying rights is explicitly excluded. The agreement language is Dutch. The agreement partners agree to an internal court. If it is not a detailed list, all the conflicts arising from this convention shall be decided by the local court instead of the company.