Table of Contents:

Article 1 – Definitions

Articele 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Compliance and Warranty

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaints

Article 14 – Disputes

Article 15 – Additional or different provisions

Annex I – Model withdrawal form

Article 1 – Definitions

In these conditions the following terms are defined:

1. Grace period: The period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to use his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
9. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Conditions: the present General Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: J. Nivard.

Acting under the name: Loptimize.

Establishment address:

Rivierlaan 27.
3207BJ, Spijkenisse.
Phone number: +31651892652.
Reachability: Monday to Friday 08:00-17:00
E-mail address: info@loptimize.nl
Chamber of Commerce number: 80462936
VAT identification number: NL003445812B23.

Article 3 – Applicability

• These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance and orders between entrepreneur and consumer.
• Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
• If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
• In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
• If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, then the agreement and these conditions for the rest remain in force and the provision concerned will in mutual consultation immediately be replaced by a provision that the scope of the original as far as possible.
• Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
• Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

• If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
• All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
• Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  – The price including taxes;
  – The possible costs of shipment;
  1. The way in which the agreement will be concluded and which actions are required for this;
  2. Whether or not the right of withdrawal is applicable;
  3. The method of payment, delivery and implementation of the agreement;

Article 5 – The agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and the fulfillment of the conditions set.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
6. the visiting address of the trader’s business establishment where the consumer can lodge complaints;
7. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. the information on guarantees and existing service after purchase;
9. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
10. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
11. In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
3. Return of the products must take place in the original packaging and in new condition provided there is no question of faulty product
4. When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form or by mail/letter. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
5. If, at the end of the periods specified in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

• The trader can exclude the consumer from the right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the operator has clearly stated this in the offer, at least in good time before concluding the agreement.
• Exclusion of the right of withdrawal is only possible for products
  1. That have been created by the entrepreneur in accordance with the specifications of the consumer;
  2. That are clearly personal in nature;
  3. That cannot be returned due to their nature;
  4. That spoil or age quickly;
  5. Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
  6. For individual newspapers and magazines;
  7. For audio and video recordings and computer software of which the consumer has broken the seal.
  8. For hygienic products of which the consumer has broken the seal.

Article 9 – The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
3. The prices mentioned in the offer of products or services include VAT.
4. All prices are subject to misprints and typographical errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
3. Any defects or wrongly delivered products should be reported in writing to the entrepreneur within 2 months after delivery.
4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   – The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
   – The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or in violation of the instructions of the entrepreneur and / or on the packaging;
   – The inadequacy in whole or in part is the result of government regulations which have been or will be imposed on the nature or quality of the materials used.

Article 11 – Delivery and implementation

1. The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but at least within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 12 – Payment

1. Unless otherwise agreed, the amounts payable by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1.
2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
3. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.

Article 13 – Complaints procedure

1. The company has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt.
4. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur.
6. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 15 – Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.