Terms and Conditions
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation, and extension
Article 15 – Payment
Article 16 – Complaint procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these items, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection period: the period during which the consumer can exercise his right of withdrawal;
3. Consumer: a natural person who is not acting for purposes related to his commercial, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that aims at the regular delivery of goods, services, and/or digital content for a specified period;
7. Durable medium: any tool – including e-mail – that allows the consumer or entrepreneur to store information addressed personally to him in a way that enables future consultation or use for a duration aligned with the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or also one or more means of communication at a distance is or are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Means of communication at a distance: a tool that can be used to conclude an agreement, without the consumer and entrepreneur needing to come together simultaneously in the same location.
Article 2 – Identity of the entrepreneur
XO OPTICS Optical Specialists
Gustav Mahlerlaan 397
Chamber of Commerce: 76981576
1082MK Amsterdam
Article 3 – Applicability
1.These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2.Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate before the distance agreement is concluded how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3.If the distance agreement is concluded electronically, it can be provided to the consumer in a manner that allows it to be stored on a durable data carrier before the distance agreement is concluded, deviating from the previous section. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request electronically or otherwise.
4.In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or clear errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm via electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures in this regard.
4. The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for entering into the agreement at a distance responsibly. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will provide the following information in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion from the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; the costs of delivery if applicable; and the method of payment, delivery, or execution of the agreement at a distance;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige him to provide his reason(s).
2. The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
b. if the delivery of a product consists of different shipments or components: the day on which the consumer, or a third party designated by him, has received the last shipment or the last component;
c. in the case of agreements for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not delivered on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for a minimum of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige him to provide his reason(s).
4. The reflection period mentioned in paragraph 3 begins on the day that follows the conclusion of the agreement.
Extended reflection period for products, services, and digital content not delivered on a tangible medium if the right of withdrawal is not informed:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.
Article 7 – Obligations of the consumer during the reflection period
1.During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product as he would be allowed to do in a store.
2.The consumer is only liable for any depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3.The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
1.If the consumer exercises his right of withdrawal, he informs the entrepreneur of this within the reflection period by means of the model withdrawal form or in any other clear manner.
2.As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
3.The consumer returns the product with all accompanying accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4.The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5.The consumer bears the direct costs of returning the product.
6.If the consumer exercises his right of withdrawal, all additional agreements are deemed to be terminated by operation of law.
7.The shipping costs are not credited for returns and are at the customer's expense unless otherwise agreed.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1.If the entrepreneur allows the consumer to submit the revocation notice electronically, he shall promptly send a confirmation of receipt upon receiving this notice.
2.The entrepreneur will refund all payments made by the consumer except for the costs incurred by the consumer to return the item, promptly but within 14 days following the day on which the consumer notifies him of the revocation. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3.The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund will be free of charge for the consumer.
4.If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obligated to refund the additional costs for the more expensive method.
5.Shipping costs will not be credited for returns and will be borne by the customer unless otherwise agreed.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is tied to fluctuations in the financial market that the entrepreneur cannot influence and that could occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full execution of the service, but only if:
a. the execution has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, freight transport, car rental services, and catering;
6. Agreements related to leisure activities, if a specific date or period of execution of those is provided in the agreement;
7. Products made according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene, and whose seal has been broken after delivery;
10. Products that, by their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages whose price has been agreed upon on concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot influence;
12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
13. Newspapers, magazines, or periodicals, except for subscriptions thereto;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal by doing so.
Article 11 – The price
1.During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to alterations in VAT rates.
2.Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any prices mentioned may be indicative prices are stated in the offer.
3.Price increases within 3 months after the establishment of the agreement are only permitted if they are the result of statutory regulations or provisions.
4.Price increases after 3 months following the establishment of the agreement are only permitted if the entrepreneur has agreed to this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective from the day on which the price increase takes effect.
5.The prices stated in the offer of products or services are inclusive of VAT.
Article 12 – Fulfillment of the agreement and extra warranty
1. The entrepreneur assures that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement was concluded. If agreed, the entrepreneur also assures that the product is suitable for use other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Additional guarantee refers to any commitment by the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed to fulfill their part of the agreement.
Article 13 – Delivery and execution
1.The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2.The place of delivery is the address that the consumer has communicated to the entrepreneur.
3.Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
4.After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount the consumer has paid.
5.The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration Transactions: Duration, Termination, and Extension
Termination:
1. The consumer can terminate a contract that has been concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been concluded for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
– at any time and not be limited to termination at a specific moment or within a specific period;
– at least terminate in the same manner as they were concluded by him;
– always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. A contract that has been concluded for a fixed period and which involves the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a certain duration.
5. Notwithstanding the previous paragraph, a contract that has been concluded for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and periodicals may be extended tacitly for a certain duration of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A contract that has been concluded for a fixed period and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the contract involves the regular but less than once a month delivery of daily, news, and weekly newspapers and periodicals.
7. A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and periodicals (trial or introductory subscription) will not be tacitly continued and will automatically end after the expiry of the trial or introductory period. Duration:
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
1.Payments are made in advance at all times via the offered payment options.
Article 16 – Complaints Procedure
1.The entrepreneur has an adequately publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3.Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4.If the complaint is not resolved within a reasonable period or within 3 months after the complaint has been submitted in mutual consultation, a dispute arises which is subject to the dispute resolution scheme.
Article 17 – Disputes
1.Payments are made in advance at all times via the offered payment options.
Article 15 – Payment
1.Payments are made in advance at all times via the offered payment options.