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General Conditions of Eye-wear.nlThese General Conditions are a translation of the original Dutch General Conditions of the Dutch Home Shopping Organization (Nederlandse Thuiswinkel Organisatie) and are drawn up in consultation with the Dutch Association for Consumers (Consumentenbond) in connection with a special working party (Coördinatiegroep Zelfreguleringsoverleg) of the Dutch Social and Economic Council (Sociaal-Economische Raad). The original Dutch General Conditions are entered into force on 1 january 2009.
[RESERVATION: This document is solely a translation of the original Dutch General Conditions. In case of a dispute about the explanation of a provision in these General Conditions, the Dutch version will be the official text.]
General Conditions
Statutory Name of the Company: Eye-wear.nl
Staturoy Seat: Hoofdstraat 28, Kesteren (Nederland)
Phone number: +31 (0)488 480833
General e-mail adress: info@eye-wear.nl
Customer Serivce: service@eye-wear.nl
Registration number of the Chamber of Commerce: 110649050000
Tax identification number: NL200745724B01
Article 1 – Definitions
In these General Conditions, the following terms will mean:
1. Company: the member of the Dutch Home Shopping Organization (Nederlandse Thuiswinkel Organisatie, whether a natural person or a legal entity, who offers products and/or services to consumers for distance sales;
2. Consumer: a natural person, not acting in the course of his profession or business, who concludes a distance contract with the Company;
3. Distance contract: any contract concerning goods or services concluded between the Company and a Consumer under an organized distance sales or service-provision scheme run by the Company, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;
4. Means of Distance Communication: any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties;
5. Reconsideration Period: the period in wich a Consumer has the Right of Withdrawal;
6. Right of Withdrawal: the right of a Consumer to withdraw from the distance contract within the Reconsideration Period;
7. Day: calendar day;
8. Continuing Performance Contract: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligations are spread over time;
9. Durable Medium: any instrument which enables the recipient to store information adressed personally to him in a way accessible for future reference for a period of time adequeate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Article 2 - Identity of the Company
Bedrijfsnaam: Eye-wear.nl
Statutory seat and place of business: Hoofdstraat 28, 4041 AD Kesteren
Phone number: +31 488 48 08 33
E-mail adress: info@eye-wear.nl
Business hours: Monday till Friday: 8.30 – 18.00 and Saturday: 8.30 – 12.30
Registration number of the Chamber of Commerce: 110649050000
Tax identification number: NL200745724B01
Article 3 – [Scope /Applicabillity]
1. These General Conditions are applicable on every offer of the Company and every distance contract concluded between the Company and a Consumer.
2. These General Conditions will be disposed to Consumer, before the conclusion of the contract between Company and Consumer. If this cannot reasonably be carried out, Consumer will be informed that these General Conditions will be open to inspection at the Companies office, and that they will be send to Consumer, on its request, as soon as possible and free of charge.
3. However, if a distance contract is concluded through electronic communication, these General Conditions can be disposed to Consumer through electronic communication. In that case, these General Conditions will be disposed before the contract is concluded, in such a manner that these can easily be saved on a Durable Medium.
If this cannot reasonably be carried out, Consumer will be informed before the contract is concluded, where he can take note of the General Conditions and that these General Conditions will be send to Consumer, on its request, through electronic communication or any other manner of communication and free of charge.
4. In case that, next to these General Conditions, also specific product- or services conditions are applicable, paragraph 2 and 3 of this article will apply by analogy. If these General Conditions are conflicting with the specific product- or services conditions, a Consumer can always invoke the most favorable conditions.
Article 4 - Offer
1. If an offer has a fixed time for its acceptance, or is subject to certain conditions, the offer shall explicitly set this out.
2. The offer contains a complete and detailed description of the products and services offered. The description shall be sufficiently detailed for a Consumer to duly judge the offer. If the Company makes use of pictures in the offer, these pictures are considered to be a true representation of the products and/or services offered. Clerical errors or obvious mistakes in the offer will not bind the Company.
3. Every offer contains the information necessary for a Consumer to know his rights and obligations that will result from the acceptance of the offer.
This concerns in particular:
o The price of the products and/or services including any taxes;
o The costs of the delivery of the product;
o The manner in which a contract will be concluded and the acts necessary for the conclusion of a contract;
o Whether or not a Consumer has a Right of Withdrawal;
o The manner of payment, delivery and/or performance of the contract;
o The time fixed for acceptance of the offer or the time fixed for determining the price;
o The fare for Distance Communication, as far as the fare is not similar to the standard fare for the use of the means of communication;
o If the contract will be documented and recorded after the conclusion, in what manner the contract can be examined by a Consumer;
o The manner in which a Consumer can inquire about any acts not wanted by him, before the conclusion of the contract, as well as de manner in which a Consumer can correct these acts before the conclusion of the contract;
o The languages other than Dutch, if any, in which the contract can be concluded;
o The codes of conduct to which the Company complies and the manner in which a Consumer can inspect these codes of conduct through electronic communication; and
o In case of a contract for the periodic and/or continuous delivery of products or services, the minimal duration of the contract.
Artikel 5 - Agreement
1. The contract will be concluded, [onder voorbehoud van het bepaalde in lid 4], when the offer is accepted by a Consumer and all requirements stated in the offer are met.
2. If the Consumer accepted the offer through a manner of electronic communication, the Company will confirm the acceptance of the offer through electronic communication to the Consumer without delay. The Consumer cannot dissolve the contract before the acceptance of the offer is confirmed.
3. If a contract can be concluded through a manner of electronic communication, the Company will take appropriate technical and organizational measures, in order to secure the electronic transfer of data, and will provide secure web facilities. If the Consumer has the option to pay in an electronic manner, the Company shall take appropriate measures in order to secure the payment.
4. The Company has the right – within the limits set by the law – to inspect whether the Consumer can fulfill his payment obligations. Furthermore the Company has the right to inspect all the relevant facts and circumstances that are of importance for the decision whether or not to conclude the contract. If the Company has, as a result of this inspection, well-founded reasons for not-entering into the contract, it has the right to refuse an order or a request for an offer or to attach special conditions to the (performance of) the contract, as far as the refusal or attachment of special conditions is motivated.
5. The company will send the following information, in writing or in such a manner that this information can be saved by Consumer on a Durable Medium, along with the product or service:
a. The geographical address of the place of business of the Company to which the Consumer may address any complaints;
b. The conditions and procedures for exercising the Right of Withdrawal, or a clear notification of the fact that the Right of Withdrawal is excluded;
c. Information on after-sales services and guarantees which exist;
d. The information mentioned under article 4 paragraph 3 of these General Conditions unless the Company provided this information to Consumer before the performance of the contract;
e. The conclusion for cancelling the contract, where it is of unspecified duration or a duration exceeding one year.
6. If the Company undertook itself for the delivery of a series of products or services, the immediately preceding paragraph only applies on the first delivery.
Article 6 – Right of Withdrawal for the delivery of products
For the purchase of products, the consumer shall have a period of fourteen (14) days in which to withdraw from the contract without giving any reason. The period for exercise of this right shall begin from the day of receipt of the product by, or on behalf of, the consumer.
During this Reconsideration Period, the Consumer shall treat the product and its packaging with care. He shall only unpack or use the product in the extent necessary for determining whether or not he wishes to keep the product.
If a Consumer exercises his Right of Withdrawal, he shall return the product with all the accessories supplied and – as far as possible – in the original state and packaging to the Company, in conformity with the clear and reasonable instructions of the Company.
Article 7 – Cost of exercising the Right of Withdrawal
If the right of withdrawal has been exercised by the Consumer, the only charge that may be made to the consumer because of the exercise of his right of withdrawal is the cost of returning the goods.
If the Consumer has made a payment, the Company shall be obliged to reimburse the sums paid by the consumer soon as possible and in any case within 30 days.
.
Article 8 – Exclusion of the Right of Withdrawal
The Right of Withdrawal can only be excluded by the Company, by an explicit statement thereof in the offer or, at any rate, before the contract is concluded.
The Right of Withdrawal can only be excluded for products:
a. Which are made to the consumer's specifications;
b. Which are clearly personalized;
c. Which, by reason of their nature, cannot be returned;
d. Which, by reason of their nature, are liable to deteriorate or expire rapidly;
e. Of which, the price is dependent on fluctuations in the financial market which cannot be controlled by the Company;
f. Being newspapers, periodicals or magazines; and
g. audio or video recordings or computer software which were unsealed by the Consumer.
The Right of Withdrawal can only be excluded for services:
a. Concerning the accommodation, transport, restaurant business or leisure activity to be performed on a certain day or in a certain period;
b. Of which performance has begun, with the consumer's agreement, before the end of the Reconsideration Period; and
c. For gaming and lottery.
Article 9 - Price
1. During the period that the offer is valid, as mentioned in the offer, the price of the products and/or services will not be increased, except for changes in the price as a consequence of changes in the BTW (Dutch VAT) rates.
2. Notwithstanding the immediately preceding paragraph, the Company has the right to offer products and/or services, of which the price is subject to fluctuations in the financial market which cannot be controlled by the Company, for a variable price. The fact that the price is subject to these fluctuations and the fact that the price set out, if any, is a guide price, shall be mentioned in the offer.
3. Price increases within three (3) months after the contract is concluded, are only permitted if they are made consequent to legal provisions.
4. Price increases after three (3) months after the contract is concluded, are only permitted if the Company has stipulated this right, and:
a. They are made consequent to Legal provisions; or
b. The Consumer has the right to termintate the contract on the day on which the price increase becomes effective.
5. All prices mentioned in the offer of products or services are inclusive BTW (Dutch VAT).
Article 10 – Conformity and Warranties
The Company guarantees that the products and/or services will satisfy the (obligations under the) contract, the specifications mentioned in the offer, the reasonable requirements of solidity and/or usability and the legal provisions and/or government regulations effective on the date of the conclusion of the contract.
A warranty made as such by the Company, the manufacturer or the importer of the product, does not detract the rights and claims the Consument has against the Company for a breach of contract, under the substantial law and/or the Distance Contract.
Article 11 – Delivery and Performance
1. The Company will exercise due care with the receipt and the execution of orders for products, and with the assessment of requests for services.
2. The place of delivery shall be the address the Consumer expressed to the Company.
3. In compliance with the relevant provisions in article 4 of these General Conditions, the Company will execute the accepted orders without delay, but no more than thirty (30) days after the contract is concluded, unless a longer delivery period is agreed between parties.
4. If the delivery is delayed, or if an order cannot or not entirely be executed, the Consumer will receive a notification thereof no more than one (1) month after the order was placed with the Company. In that case, the Consumer is permitted to dissolve the contract free of charge and without any claim of damages.
5. In case of dissolving the contract, in conformity with the immediately preceding paragraph, the Company shall be obliged to reimburse the sums paid by the consumer soon as possible and in any case within 30 days.
6. If delivery of a product ordered is not possible, the Company will make an effort to make an alternative product available. At the least at delivery, it shall be reported in clear and understandable words, that an alternative product is delivered. In case of the delivery of an alternative product, the Right of Withdrawal cannot be excluded. The costs of returning of the goods will be for the account of the Company.
7. The risk of damage to and/or loss of products rests with the Company until the moment of delivery, unless parties have explicitly agreed otherwise.
Article 12 – Contracts for an indefinite period of time
1. The Consumer can always terminate a contract for an indefinite period of time, subject to the provisions parties agreed on for the termination of the contract and subject to one (1) month' notice being given.
2. A contract for a definite period of time can be concluded for a fixed time period of two years maximum. If parties agreed that the contract would be renewed tacitly on distance, the contract will become a contract for an indefinite period of time subject to a notice period of one (1) month maximum.
Article 13 - Payment
1. As far as parties have not agreed for a longer term, Consumer shall pay the amount due within eight (8) days after the delivery of the product, or in case of a contract for services, within eight (8) days after the submission of the documents concerning the contract. If the consumer does not fulfil his payment obligations, he will receive a demand for payment after fifteen (15) days from the date of sending. If the consumer does not fulfil his payment obligations after twentythree (23) days from the date of sending, the claim for collection will be passed on to a third party.
2. For the sale of products to a Consumer, the General Conditions cannot contain a provision demanding the Consumer to pay more than fifty percent (50%) in advance. IF a payment in advanced is agreed on between parties, the Consumer cannot claim performance of the contract before the payment in advance is completed.
3. A consumer has the obligation to report inaccuracies in the deposited or mentioned details for the payment, immediately to the Company.
4. In case of non-payment by the Consumer, the Company has the right – within the limits set by the law – to charge reasonable costs, stated to the Consumer in advance.
Article 14 – Complaints procedure
1. The Company has a published complaints procedure and shall handle the complaint in conformity with this complaints procedure.
2. Complaints about the performance of the contract should be reported completely and clearly defined to the Company, without delay after the Consumer discovered the (alleged) lack of conformity.
3. Complaints reported at the Company, will be responded to within fourteen (14) days after receipt of the complaint. If a complain needs an expectable larger term for the response, the Company will send a notification to the Consumer, within fourteen (14) days after the receipt of the complaint, that the complaint is received and indicating the term necessary for a more extensive response.
4. A Complaint about a product, a service or the customer service of the Company can also be reported by a letter of complaints on the page for consumers on the website of the Nederlandse Thuiswinkel Organisatie (http://www.thuiswinkel.org/). In that case, the complaint will be send to the Company in question as well as the Nederlandse Thuiswinkel Organisatie. If the complaint cannot be resolved with mutual consent, the complaint will result in a dispute open to the complaints procedure.
Article 15 - Disputes
1. Contracts concluded between the Company and a Consumer on which these General Conditions are applicable, and all disputes arising out or in connection with this contract, are governed solely by Dutch Law.
2. Disputes between a Consumer and the Company about the conclusion or the performance of contracts concerning products and/or services to be delivered by the Company, can, with due observance of the provisions hereafter, be brought for the Dispute Resolution Committee for Home Shopping (Geschillencommissie Thuiswinkel), p.o. box 90600, 2509 LP in The Hague (http://www.sgc.nl/), by a Consumer as well as the Company.
3. A dispute brought before the Geschillencommissie Thuiswinkel, will only be dealt with after the Consumer has filed his complaint without delay to the Company.
4. No more than three (3) months after the dispute has arisen, the dispute shall be submitted in writing at the Geschillencommissie Thuiswinkel.
5. If a Consumer intents to submit the dispute at the Geschillencommissie Thuiswinkel, the Company is bound by this decision. If the Company intents so, the Consumer shall declare in writing, within five (5) weeks after the request for the submission by the Company, whether he wants the dispute to be settled by the Geschillencommissie Thuiswinkel or a competent judge. If the Consumer fails to report this declaration within five (5) weeks at the Company, the Company is entitled only to submit the dispute to a competent judge.
6. The Geschillencommissie Thuiswinkel shall make an award subject to the conditions set out in the rules of procedure of the Geschillencommissie Thuiswinkel. The awards of the Geschillencommissie Thuiswinkel are to be considered as a binding third-party ruling.
7. The Geschillencommissie Thuiswinkel shall not deal, nor continue to deal, with a submitted dispute if the Company is granted suspension of payments, has been declared bankrupt or has de facto stopped its business operations, before the Geschillencommissie Thuiswinkel has tried the dispute in a hearing and a final award has been made.
8. If, next to the Geschillencommissie Thuiswinkel, another recognized dispute resolution committee or a dispute resolution committee that is affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), is competent, only the Geschillendecommissie Thuiswinkel is competent in disputes mainly concerning the manner of distance sales and services. For all other disputes the other recognized dispute resolution committee or dispute resolution committee that is affiliated with the SGC or Kifid, shall be competent.
Article 16 – Warranties of the branch of industry
1. The Nederlandse Thuiswinkel Organisation will, without delay, take over the obligations of the Company against the Consumer, concerning a binding third-party ruling by the Geschillencommissie Thuiswinkel, if the Company has not fulfilled his obligations hereunder within the stipulated term.
2. The takeover by the Nederlandse Thuiswinkel Organisatie of the obligations of the Company, will be suspended if, and as far as, the binding third-party ruling, is submitted to a court for a review within two (2) months after the date of the binding third-party ruling in accordance with the rules of procedure of the Geschillencommissie Thuiswinkel and is repealed by a court ruling which is final and conclusive.
3. This warranty only applies if the Consumer has invoked this right in writing with the Nederlandse Thuiswinkel Organisatie and assigned his claim on the Company to the Nederlandse Thuiswinkel Organisatie.
Article 17 – Additional and contrary provisions
1. Additional provisions or provisions contrary to these General Conditions shall not prejudice the interests of the Consumer and shall be concluded in writing or in such a manner that these can easily be saved on a Durable Medium.
Article 18 – Revision of the General Conditions of Thuiswinkel
1. The Nederlandse Thuiswinkel Organisatie will not change these General Conditions without consulting the Consumentenbond.
2. Changes in these General Conditions will only entry into force, after they are published in the appropriate manner, notwithstanding the fact that in case of changes during the valid period of an offer, the most favorable provisions for the Consumer will prevail.
Addition from Eye-wear.nl
Privacy Statement
Eye-wear.nl is part of Eye-wear.nl.
Personal data of the visitors of the website of Eye-wear.nl will always be treated with care and be secured. Eye-wear.nl conforms to the Wet Bescherming Persoonsgegevens (the Dutch Personal Data Protection Act).
By agreeing to these General Conditions, you also agree to this Privacy Statement
The recording and processing of data
The data provided by you, will come under the responsibility of Eye-wear.nl. Personal data will not be provided to companies and/or institutions outside Eye-wear.nl
Eye-wear.nl makes use of the personal data for the performance of the contract, the performance of services and/or to inform you about other products and services of Eye-wear.nl as far as you agree with it. For that matter, eye-wear.nl takes your personal preferences into account, as far as possible.
If you do not appreciate information about products and services of Eye-wear.nl you can declare this at the time of the registration on the website of Eye-wear.nl, in writing at Eye-wear.nl, p.o. box 97, 4040 DB in Kesteren or by sending an e-mail to info@eye-wear.nl.
Security of data
Eye-wear.nl makes use of extensive safety procedures for securing the processed data, in order to inter alia prevent other parties to acces this data. If certain critical information, such as financial data, is sent or received, Eye-wear.nl uses a secured server. You will be notified of this by a screen on the website (pop-up).
Conduct on the website
Data of each visit will be kept in order to measure the interest for the several parts of the website. This is done in order to adapt the website to the personal preferences of our visitors. Our webserver will automatically recognize:
- Your domain name and IP-adress
- Your e-mail address if you place an order or contact us
This information is only used inside the Company and will be deleted afterwards.
Use of cookies
Eye-wear makes use of cookies to identy visitors of the website in order to adjust the website to the personal preferences of the visitor. A cookie is a small and simple file that will be saved on the hard disk of your computer. It is possible to block the acceptance of cookies in your browser.
Visitors of the website of Eye-wear.nl who do not accept cookies from
http://www.eye-wear.nl/ will only have limited access to the website.
Links to websites and cookies of third parties
The website of Eye-wear.nl contains hyperlinks to websites of third parties. Eye-wear.nl is not responsible for the content or the privacy policy of websites Eye-wear.nl refers to.
Eye-wear.nl is also not responsible for cookies used by third parties with a banner on the website of Eye-wear.nl.
Third parties
In order to provide the best possible service, Eye-wear.nl cooperates with a certain number of partners who have the permission to place advertisements on our website. (For an up-to-date overview you can check the module ‘partners’)
Access to own data
On request we grant access to a visitor of all the data we keep of that specific person. If you wish to have access to this data, please contact us on the address mentioned below.
Correction and deletion of data
If you have the opinion that certain data is incorrect or should be deleted, you can contact us on info@eye-wear.nl. We will send a response on your request within five (5) working days.
All reactions on our privacy policy can be send to us per e-mail (service@eye-wear.nl), per phone (+31 (0)488 – 480833) or per post (p.o. box 98, 4040 AD in Kesteren).
General Conditions and other applicable conditions
Next to these General Conditions, the Privacy Satement and the chapter Sending & Returning form an integral part of the General Conditions. The chapter Sending & Returning can be read and printed from here. On your request we can provide a digital copy of both the Privacy Statement and the chapter Sending & Returning.
The address of the Nederlandse ThuiswinkelOrganisatie: p.o. box 7001, 6710 CB in Ede.
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