Article 1 Definitions
The following definitions apply in these terms and conditions:
1. Entrepreneur: the natural or legal person and offers products and / or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being physically in close proximity to each other, such as (but not limited to) by fax, telephone and internet;
4. Distance agreement: an agreement whereby, in the context of a system for selling or providing remote services for products and / or services organized by the seller or service provider (entrepreneur), up to and including the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;
5. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
6. Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
7. Day: calendar day;
8. Duration transaction: a distance agreement with regard to a number of products and / or services, the delivery and / or purchase obligation of which is spread over a longer period;
9. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him / her personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 –– Identity of the entrepreneur
Icon Eyewear B.V.
1185 XV Amstelveen, The Netherlands
From Monday to Friday from 10:00 till 17:00
Tel: + 31 (0) 168 312 780 or 24/7 via: [email protected]
VAT identification number: NL 810309269 B01
Chamber of Commerce number: 33258458
Article 3 - Applicability
1. These general terms and conditions apply to every distance agreement concluded between the entrepreneur and the consumer and to every offer from the entrepreneur.
2. Before the distance contract is concluded, the entrepreneur makes the text of these general terms and conditions available to the consumer. If it is not possible to make the general terms and conditions available in advance, before the distance contract is concluded, the entrepreneur will indicate that the consumer can view the general terms and conditions and that these will be sent free of charge as soon as possible at the request of the consumer. The text of these general terms and conditions can also be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
3. If, in addition to these general terms and conditions, certain product or service terms and conditions apply, the second paragraph applies mutatis mutandis and the consumer may, in the event of conflicting (general) terms and conditions, invoke the applicable provision that applies to him / her. hair is the most favorable.
Article 4 - The agreement
1. The agreement is concluded at the time the consumer accepts the offer and meets the corresponding conditions, with due observance of the provisions of paragraph 6 of this article.
2. The entrepreneur immediately confirms receipt of the acceptance of the offer electronically if the consumer has accepted the offer electronically. The consumer can terminate the agreement until the entrepreneur has not confirmed receipt of this acceptance.
3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data in case the consumer has accepted the offer electronically. The entrepreneur will take appropriate security measures if the consumer can pay electronically. In that context, the entrepreneur will ensure a safe web environment.
4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium: a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration. c. the information included in article 5, paragraph 3, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; d. the information about the guarantees and after-sales service; e. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has undertaken to deliver a series of products or services;
6. The entrepreneur can inform himself (of course within the limits of the law) whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
Article 5 - The offer
1. The entrepreneur will state explicitly if an offer has a limited duration or is subject to conditions.
2. The offer contains a complete, accurate and detailed description of the products and / or services offered, so that the consumer can properly assess the product / service. If images are used in the offer, these must be truthful images of the products and / or services offered. Obvious mistakes or errors in the offer, where it can be immediately clear to a consumer that there is a mistake or error, are not binding on the entrepreneur.
3. With an offer, the entrepreneur clearly states what the rights and obligations of a consumer are if the offer is accepted. Important are the - price including taxes; - delivery costs if applicable; - the manner in which the contract will be concluded and how the consumer can have it concluded; - method of delivery, payment or implementation of the agreement; - the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded; - Possible languages in which, in addition to Dutch, the agreement can be concluded; - the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and - the minimum duration of the distance agreement in the case of an agreement that involves the continuous or periodic delivery of products or services. - whether or not the right of withdrawal is applicable; - if the agreement is filed after conclusion, how the consumer can consult it; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for which the price is honored.
Article 6 - The price
1. All prices of products or services offered are prices including VAT. There can be no hidden extra costs in the offer such as taxes (VAT), packaging or shipping costs. If these costs apply, they must be clearly stated with the offer.
2. The prices of the products and / or services offered are not increased during the validity period stated in the offer, subject to price changes as a result of changes in VAT rates. 3. If there are products or services whose prices are subject to fluctuations in the financial market on which the entrepreneur has no influence, the entrepreneur may, in deviation from the previous paragraph, offer the product / service with variable prices, provided that the the entrepreneur is clearly stated in the offer that these fluctuations may occur and that the prices are target prices.
4. Price increases within three months after the conclusion of the agreement are not permitted unless they are the result of statutory regulations or provisions.
5. Price increases from three months after the conclusion of the agreement are not permitted unless the entrepreneur has stipulated this because they are the result of legal regulations or provisions or the consumer has the option to cancel the agreement at the moment that there is a price increase.
Article 7 - Payment
1. The amounts owed by the consumer must, unless otherwise agreed, be paid within fourteen days after delivery of the goods or in the case of an agreement to provide a service, within 14 days after the delivery of documents relating to that shift.
2. In the event of non-payment or non-payment by the consumer, the trader may, unless this is legally limited, charge reasonable costs incurred to the consumer if the consumer has been informed of this in advance.
3. Any inaccuracies in the payment data provided or specified must immediately be communicated by the consumer to the entrepreneur.
4. If payment has been made in advance, the consumer cannot assert any rights regarding the execution of the relevant order or service before the agreed advance payment has been made.
Article 8 - Right of withdrawal upon delivery of products
1. When purchasing products for at least fourteen days from the date of receipt of the product by or on behalf of the consumer, the consumer has the option of dissolving the contract without giving reasons, provided that the product is unworn and as new.
2. If the consumer wishes to make use of the right of withdrawal, he must only unpack or use the product to the extent necessary to be able to assess whether the consumer wishes to keep the product. During this period the consumer will handle the product and the packaging with care. The consumer will return the product with all accessories supplied and, as far as possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions indicated by the entrepreneur.
Article 9 - Right of withdrawal upon delivery of services
1. Upon delivery of services for at least fourteen days, starting on the day the agreement was entered into, the consumer has the option of dissolving the agreement without giving reasons.
2. The consumer will follow the reasonable and clear instructions provided by the trader with regard to the offer and / or at the latest with regard to the use of his right of withdrawal.
Article 10 - Costs in case of withdrawal
1. If the consumer makes use of the right of withdrawal, the costs of return will be borne by the consumer at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. The shipping costs are deducted from the amount to be credited.
Article 11 - Exclusion of the right of withdrawal
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer and in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a) that can spoil or age quickly; b) which by their nature cannot be returned; c) for products for which the consumer has broken the seal. d) for individual newspapers and magazines; e) that have been created by the entrepreneur in accordance with the consumer's specifications; f) whose price depends on fluctuations in the financial market over which the entrepreneur has no influence; g) that are clearly personal in nature;
3. Exclusion of the right of withdrawal with services is possible: c) with bets and lotteries. b) for services whose delivery began with the express consent of the consumer before the cooling-off period has expired; c) concerning transport, transportation, restaurant business, accommodation or leisure activities to be carried out on a certain date or during a certain period.
Article 12 - Duration transactions
1. In the case of an agreement that has been entered into for an indefinite period, the consumer can always cancel with due observance of the agreed termination rules and a notice period of at most one month.
2. The maximum duration for a fixed-term contract is two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products, as well as when assessing requests for the provision of services.
2. The entrepreneur recognizes electronic communication and will not deny its validity or legal effect due to the mere fact that the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will endeavor to make a replacement comparable item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. With replacement items, the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, whereby the costs of a possible return shipment will be borne by the entrepreneur.
4. Unless explicitly agreed otherwise, the risk of loss and / or damage to products rests with the entrepreneur until the moment of delivery to the consumer. 5. The address that the consumer has communicated to the entrepreneur is considered the place of delivery.
5. The entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed, with due observance of the provisions in article 5. If there is a delay in delivery, or if an order is not or only partially be carried out, the consumer will be notified of this no later than one month after placing the order. In such a case, a consumer has the right to terminate the contract without costs and a right to possible compensation. 6. In the event of termination on the grounds of the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
Article 14 - Warranty
A scheme offered by the trader, manufacturer or importer as a guarantee can cover the rights and claims that the consumer has with regard to a shortcoming in the fulfillment of the trader's obligations to the consumer under the law and / or the agreement do not limit or set aside remotely.
Article 15 - Compliance
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and / or reliability and the legal provisions existing on the date of conclusion of the agreement and / or government regulations.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
3. The entrepreneur will handle and respond to complaints submitted as soon as possible, but in any case within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or service of the entrepreneur can be submitted via a complaint form on the website of the Stichting Webshop Keurmerk (http://www.keurmerk.info) after the complaint has been submitted to the entrepreneur and sought is to come to a solution. The complaint submitted to the Foundation will be forwarded to the entrepreneur in order to give him the opportunity to resolve the complaint or to make the position known to the Foundation. If the complaint cannot be solved in mutual consultation, the Stichting Webshop Keurmerk will attempt to mediate. A complaint will only be processed by Stichting Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Article 17 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
Article 18 - Amendment of the general terms and conditions Stichting Webshop Keurmerk
Changes to these terms and conditions will only take effect after they have been published correctly. In the event of changes during the term of an offer, the most favorable provision (s) for the consumer will prevail.
Article 19 - Applicable law
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.