Privacy Policy
Your Privacy

As soon as you visit our website lumenyachts.com or contact us, we receive information about you. In this privacy statement we explain what we do with that information. We always handle your information with care and store it securely. If you have any questions or want to know what information we have on you, please contact us. We may amend this privacy statement if necessary. We recommend that you regularly review this privacy statement so that you are aware of these changes. This privacy statement was last modified on 11 juli 2024.

Contents

    1. When do you apply this privacy statement?
    2. Who uses your data? 
    3. Whose data do we use?
    4. How do we get your data?
    5. What data of you do we use?
    6. What do we use your data for?
    7. How long do we store your data?
    8. Who do we share your data with?
    9. Where do we store your data?
    10. How safe is your data with us?
    11. What are your rights?
    12. Which rules apply to this privacy statement?
    13. Which cookies do we use?
    14. What do we do with data of minors?
    15. Do you have a question about this privacy policy?

1. When do you apply this privacy statement?

This privacy statement applies to all personal data that we process and to all domains related to us. This concerns the personal data of everyone who has ever had contact with us or visited our website, such as visitors, customers and business contacts. Personal data is all data that can be traced back to you as an individual, such as your name, telephone number, IP address, customer number or surfing behavior. If you want to know more about personal data, please visit the website of the Dutch Data Protection Authority. 

 

2. Who uses your data?

JRE Yachts is responsible for the website lumenyachts.com and therefore the responsible organisation for the use of your personal data as described in this privacy statement. The full details are:

JRE Yachts
Bakboord 11A
 
9602BL Drachten
73520187
 

 

3. Whose data do we use?

We process the personal data of everyone who has had contact with us or visited our website. These include visitors, private customers, business customers and contact persons of our partners.

 

4. How do we get your data?

We receive the data directly from you as soon as you:

·     fill in data on our website

5. What data of you do we use?

We use the following data:

·     name 

·     e-mail address

·     telephone number

 

6. What do we use your data for?

We only use your personal data for the purpose for which we are allowed to use it:

·     we have received your permission to use your personal data 

·     we use your data because we want to give you the best service as a customer and we can do without it information

 

7. How long do we keep your data?

We keep your personal data for as long as we are required to do so by law and for as long as necessary for the purpose for which we use your data. For example, as long as you are a customer with us, we store your data according to the statutory retention period of seven years. After that, we only keep your data for statistical purposes and to handle any complaints or legal matters. If you want to know more about how long we store specific data about you, please contact us. 

 

8. Who do we share your data with?

We only process your personal data ourselves. We don’t share your personal data with others. 

 

9. Where do we store your data?

We process your data within the  European Economic Area. This means that we also store your data within the EEA. If you have any questions about this, please feel free to contact us. 

 

10. How safe is your data with us?

We have done a lot to protect your data as well as possible, both organisationally and technically. We have secured our systems and various means of communication to ensure that your data does not end up in the hands of others. Your data is therefore safe with us. We also ensure that your data is only used by people who have received permission from us. If you have any questions about the specific method of securing, please contact us.   

Your Rights

11. What are your rights?

Because we use your personal data, you have various rights. We have listed these rights for you below.

 

Right to information
We must explain to you in an understandable and clear manner what we do with your data and what control you have over it. That is why we explain in detail in this privacy statement what data we collect from you and how we handle your data. 

 

Right to access
You may always ask us to view the data we hold about you.

 

Right to correction
You may ask us to have your data corrected if it is incorrect or incomplete. 

 

Right to object
You may object to the processing of your data if you do not agree with the way we handle your personal data. This right applies to the data we use for direct marketing. You can indicate to us that you no longer wish to receive e-mails from us. This also applies to personalized recommendations on our website. 

 

Right to data portability
If you are a customer of ours or if you have given permission for the use of your data, you may ask us to send you the digital data we have about you. This way you can transfer that data to another organisation if you wish. 

 

Right to restriction
You may ask to limit the use of your data. This means that in certain cases we may only store your data but not use it. 

 

Right to be forgotten
You may ask us to delete all data we have about you. We will then delete all data that can be traced back to you. In some cases we cannot or may not yet delete your data. For example, we have to keep some data for 7 years for the tax authorities. 

 

Right to submit a complaint
You may submit a complaint about the way in which we handle your data. If you have a complaint, we will be happy to resolve it for you. To do so, please contact  us. You may also submit your complaint to the Dutch Data Protection Authority. Of course we hope that it does not come to that, but if it’s necessary you can also go to court. In that case, the court in the place of business of JRE Yachts is the one which will handle your complaint. 

How do I submit a request or complaint?

You can submit your request or complaint to us by sending a mail to jt@lumenyachts.com. We process every request or complaint within 30 days. If you submit multiple applications or complaints or if you submit a complex requerst or complaint, this may take more time. In that case, we will contact you within 60 days at the latest. We may ask you to identify yourself. In that case, we will ask you to submit certain information to ensure that you are the correct person whose personal data is.

 

12. What rules apply to this privacy statement?

Our privacy statement must meet several conditions. These conditions can be found in particular in the Dutch General Data Protection Regulation. In addition, the general rules that apply under Dutch law apply to our privacy statement.
 

13. Which cookies do we use?

You can indicate yourself what data we may use from you. If you have given us permission to personalize your profile based on your surfing and search behaviour, we can set up our website specifically for you so that its use becomes easier and more personal. We do this using cookies. A cookie is a small text file that is placed on your hardware when you visit our website.  

We use the following types of cookies on our website:

·     functional cookies: like session and login cookies to collect session and login information 


14. What do we do with data of minors?

We do not target minors with our website or as an organisation. This means that if you are under the age of 18, you need permission from a parent or guardian to use our website. If you are a minor when you visit our website or webshop, we assume that you have received this permission before your visit. 

 

15. Do you have a question about this privacy policy?

If you have a question about our privacy policy, please feel free to contact us on jt@lumenyachts.com. We are happy to help.

Terms & Conditions
Our terms

General Terms and Conditions JR-E Yachts BV 

Email: jt@lumenyachts.com 

Website: Lumenyachts.com

Article 1 – Definitions

  1. JR-E Yachts BV: JR-E Yachts BV, located in Drachten, Chamber of Commerce number 73520187C4.
  2. Customer: the party with whom JR-E Yachts BV has entered into an agreement.
  3. Parties: JR-E Yachts BV and the Customer together.
  4. Consumer: a Customer who is an individual acting as a private person.

Article 2 – Applicability

  1. These terms and conditions apply to all offers, quotations, work, orders, agreements, and deliveries of services or products by or on behalf of JR-E Yachts BV.
  2. Deviations from these conditions are only valid if agreed upon in writing.
  3. The applicability of the general terms and conditions of the Customer or others is expressly excluded.

Article 3 – Offers and Quotations

  1. Offers and quotations from JR-E Yachts BV are non-binding, unless explicitly stated otherwise.
  2. An offer or quotation is valid for a maximum of 2 months, unless another period is stated in the offer or quotation.
  3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation expires.
  4. Offers and quotations do not apply to repeat orders, unless agreed upon in writing.

Article 4 – Acceptance

  1. Upon acceptance of a non-binding offer or quotation, JR-E Yachts BV may withdraw the offer or quotation within 3 days after receipt of acceptance without the Customer deriving any rights from it.
  2. Oral acceptance by the Customer only binds JR-E Yachts BV after the Customer has confirmed it in writing or electronically.

Article 5 – Prices

  1. JR-E Yachts BV uses prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless agreed otherwise in writing.
  2. JR-E Yachts BV may always change the prices of its services and products on its website and in other communications.
  3. Increases in the cost prices of products or parts thereof that JR-E Yachts BV could not foresee at the time of making the offer or concluding the agreement may lead to price increases.
  4. The consumer has the right to cancel an agreement due to a price increase as stated in section 3, unless the increase is due to a legal regulation.

Article 6 – Samples and Models

  1. If the Customer has received a sample or model of a product, no rights can be derived from it other than it being an indication of the nature of the product, unless it is agreed in writing that the delivered products will correspond with the sample or model.

Article 7 – Payments and Payment Term

  1. JR-E Yachts BV may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The Customer must make a payment retrospectively within a specified period after delivery.
  3. The payment terms used by JR-E Yachts BV are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default without JR-E Yachts BV having to send a reminder or a notice of default.
  4. JR-E Yachts BV may require immediate payment or security for the total amount of the services or products as a condition for delivery.
  5. The Customer settles products directly in the store.

Article 8 – Right of Retention

  1. If the Customer is in default, JR-E Yachts BV may invoke the right of retention regarding the unpaid products delivered to the Customer.
  2. JR-E Yachts BV exercises its right of retention by sending a written or electronic notice to the Customer.
  3. Upon being notified of the invoked right of retention, the Customer must immediately return the relevant products to JR-E Yachts BV unless agreed otherwise in writing.
  4. The Customer pays the costs for retrieving or returning the products mentioned in section 3.

Article 9 – Right of Withdrawal

  1. A consumer may cancel an online purchase within 14 days without giving any reason. This right of withdrawal does not apply if:

   – The product has been used.

   – The product can spoil quickly, such as food or flowers.

   – The product is custom-made or adapted for the consumer.

   – The product cannot be returned for hygienic reasons, such as underwear or swimwear.

   – The seal is not intact for data carriers with digital content, such as DVDs or CDs.

   – The product or service involves accommodation, transport, restaurant, catering, or leisure activities.

   – The product is a single issue of a magazine or newspaper.

   – The consumer has waived the right of withdrawal.

  1. The 14-day reflection period mentioned in section 1 starts:

   – The day after the consumer receives the last product or part of an order.

   – As soon as the consumer confirms to receive digital content via the internet.

  1. The consumer can exercise the right of withdrawal by sending an email with that subject to jt@lumenyachts.com, optionally using the withdrawal form available on the JR-E Yachts BV website, Lumenyachts.com.
  2. The consumer must return the product within 14 days after notifying JR-E Yachts BV of the withdrawal, failing which the right of withdrawal lapses.

Article 10 – Reimbursement of Delivery Costs

  1. If the consumer timely revokes the purchase and timely returns the entire order to JR-E Yachts BV, any shipping costs paid by the consumer will be reimbursed within 14 days after receiving the timely fully returned order.
  2. Delivery costs are only borne by JR-E Yachts BV if the entire order is returned.

Article 11 – Reimbursement of Return Costs

  1. If the consumer exercises the right of withdrawal and returns the entire order on time, the Customer bears the costs thereof.

Article 12 – Right to Suspend

  1. Unless the Customer is a consumer, they waive the right to suspend any obligations arising from this agreement.

Article 13 – Right of Retention

  1. JR-E Yachts BV may exercise its right of retention and in that case keep products of the Customer until the Customer has paid all outstanding invoices of JR-E Yachts BV, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies based on previous agreements for which the Customer still owes money to JR-E Yachts BV.
  3. JR-E Yachts BV is not liable for any damage the Customer suffers due to the exercise of the right of retention.

Article 14 – Set-Off

  1. Unless the Customer is a consumer, they waive the right to set off a debt to JR-E Yachts BV against a claim on JR-E Yachts BV.

Article 15 – Retention of Title

  1. JR-E Yachts BV remains the owner of all delivered products until the Customer has paid all outstanding invoices of JR-E Yachts BV regarding an underlying agreement, including claims due to non-performance.
  2. Until the ownership has been transferred to the Customer as mentioned in section 1, JR-E Yachts BV may invoke its retention of title and take back the goods.
  3. Before the ownership has transferred to the Customer, the Customer may not pledge, sell, dispose of, or otherwise encumber the products.
  4. If JR-E Yachts BV invokes its retention of title, the agreement is thereby dissolved and JR-E Yachts BV may claim damages, lost profits, and interest from the Customer.

Article 16 – Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at JR-E Yachts BV, unless otherwise agreed.
  3. Delivery of online ordered products takes place at the address specified by the Customer.
  4. If the Customer does not pay the agreed amounts on time, JR-E Yachts BV may suspend its obligations until the Customer pays.
  5. Late payment results in creditor’s default, preventing the Customer from holding JR-E Yachts BV responsible for delayed delivery.

Article 17 – Delivery Time

  1. The delivery times of JR-E Yachts BV are indicative. If delivery is later, the Customer cannot derive any rights from it, unless agreed otherwise in writing.
  2. The delivery time starts when the offer signed by the Customer for approval is confirmed in writing or electronically by JR-E Yachts BV to the Customer.
  3. The Customer is not entitled to compensation and cannot dissolve the agreement if JR-E Yachts BV delivers later than agreed. The Customer may dissolve the agreement if agreed in writing or if JR-E Yachts BV cannot deliver within 14 days after being notified in writing, or if the Customer and JR-E Yachts BV have agreed otherwise.

Article 18 – Actual Delivery

  1. The Customer must ensure that the actual delivery of their ordered products can take place on time.

Article 19 – Transport Costs

  1. The Customer pays the transport costs unless the Customer and JR-E Yachts BV have agreed otherwise in writing.

Article 20 – Packaging and Shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of it before accepting the product. If the Customer does not, they cannot hold JR-E Yachts BV liable for any damage.
  2. If the Customer arranges the transport of a product themselves, they must report any visible damage to products or packaging to JR-E Yachts BV before transport. If the Customer does not, they cannot hold JR-E Yachts BV liable for any damage.

Article 21 – Storage

  1. If the Customer takes ordered products later than the agreed delivery date, the risk of any quality loss is entirely borne by the Customer.
  2. Any additional costs due to early or late acceptance of products are entirely borne by the Customer.

Article 22 – Warranty

  1. The warranty on products only covers

 manufacturing defects.

  1. The warranty does not apply in case of normal wear and tear, damage caused by accidents, inappropriate use, non-compliance with usage instructions, or if changes or repairs have been made to the product by the Customer or others.
  2. If the Customer rightly invokes the warranty, JR-E Yachts BV will repair or replace the product at its discretion.

Article 23 – Warranty for Online Ordered Products

  1. Any warranties on products ordered online only apply if agreed in writing.
  2. The warranty applies only to the original buyer and is non-transferable.

Article 24 – Complaints and Returns

  1. The Customer must inspect a product upon delivery and notify JR-E Yachts BV of any complaints within 14 days of delivery. If the Customer does not, the product is considered accepted.
  2. Visible defects or shortages must be reported within 3 days of delivery to JR-E Yachts BV in writing or electronically.
  3. Hidden defects must be reported within 3 days after they are discovered, but no later than 3 months after delivery.
  4. Even if the Customer timely complains, their obligation to pay and take delivery of ordered products remains, unless JR-E Yachts BV has agreed otherwise in writing.
  5. Products can only be returned to JR-E Yachts BV with prior written consent and under conditions specified by JR-E Yachts BV.

Article 25 – Force Majeure

  1. In addition to the provisions of Article 6:75 BW, JR-E Yachts BV is not liable if it cannot fulfill its obligations due to a force majeure.
  2. Force majeure includes, but is not limited to, circumstances JR-E Yachts BV could not reasonably foresee, such as delayed deliveries by suppliers, sickness of employees, transport disruptions, weather conditions, government measures, etc.
  3. JR-E Yachts BV may suspend its obligations during the force majeure.
  4. If the force majeure lasts more than 3 months, both parties may dissolve the agreement without any obligation to pay compensation.
  5. If JR-E Yachts BV has partially fulfilled its obligations before the force majeure, it is entitled to payment for that part by the Customer.

Article 26 – Liability

  1. JR-E Yachts BV is only liable for direct damage caused by a deliberate act or gross negligence.
  2. JR-E Yachts BV is never liable for indirect damage such as consequential damage, lost profit, missed savings, or damage due to business stagnation.
  3. If JR-E Yachts BV is liable for any damage, its liability is limited to the invoice value of the order or, at most, to that part of the order to which the liability relates.
  4. Any liability of JR-E Yachts BV for damage resulting from or in connection with the execution of an agreement is always limited to the amount paid out by its liability insurance in such cases.
  5. The limitations of liability mentioned in these conditions do not apply if the damage is due to a deliberate act or gross negligence of JR-E Yachts BV or its managerial subordinates.

Article 27 – Expiry Period

  1. Any right to compensation from JR-E Yachts BV lapses one year after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 BW.

Article 28 – Dissolution

  1. The Customer may not dissolve an agreement unless JR-E Yachts BV fails in the fulfillment of the agreement and this failure justifies the dissolution.
  2. The Customer is not entitled to dissolve the agreement in case of minor defects or if JR-E Yachts BV has already partly fulfilled the agreement.
  3. If JR-E Yachts BV cannot meet its obligations due to force majeure, the Customer may dissolve the agreement if the force majeure lasts longer than 3 months. The Customer is not entitled to any compensation for damages in case of dissolution due to force majeure.

Article 29 – Transfer of Rights

  1. Rights of a party under this agreement cannot be transferred without prior written consent of the other party. This provision counts as a property law provision as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 30 – Consequences of Nullity or Annulment

  1. If one or more provisions of these terms and conditions prove to be invalid or are annulled, the other provisions remain in force.
  2. An invalid or annulled provision will be replaced by a valid provision that comes closest to the purpose and intent of the original provision.

Article 31 – Applicable Law and Competent Court

  1. Dutch law applies to all agreements between JR-E Yachts BV and the Customer.
  2. The Dutch court in the district where JR-E Yachts BV is established is exclusively competent in case of disputes unless the law prescribes otherwise.

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