General 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 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Payment

Article 13 – Complaints Procedure

Article 14 – Disputes

Article 15 – Additional or Deviating Provisions

Annex I – Model Withdrawal Form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their 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. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
7. Model form: the withdrawal form provided by the entrepreneur that the consumer may use when exercising their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for distance sales of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
10. Means of distance communication: a method that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Name of entrepreneur: Jeroen Nivard
Trading as: Loptimize

Registered address:
Wilhelminaplein 1
3072 DE Rotterdam
The Netherlands

Telephone: +31 (0)85 0609390
Availability: Monday to Friday 08:00 – 16:30
Email: info@loptimize.nl
Chamber of Commerce number: 80462936
VAT identification number: NL003445812B23

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, where the general terms and conditions can be inspected and that they will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may, by way of deviation from the previous paragraph, be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate where these terms can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. If specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the provision that is most favourable to them in the event of conflicting conditions.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms shall remain in force, and the relevant provision shall be replaced by mutual agreement in a way that most closely reflects the original intent.
6. Situations not covered by these general terms and conditions must be assessed in the spirit of these terms.
7. Ambiguities regarding the interpretation or content of one or more provisions shall likewise be interpreted in the spirit of these terms.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated.
2. The offer is non-binding; the entrepreneur reserves the right to amend or withdraw it.
3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper evaluation by the consumer. Where the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.
   Images of products are a faithful representation of the offered items; however, the entrepreneur cannot guarantee that the colours displayed exactly match the real product colours.
5. Each offer contains information making clear to the consumer their rights and obligations upon acceptance of the offer, in particular:
   – the price including taxes;
   – any delivery costs;
   – the method of concluding the agreement and the necessary actions;
   – whether or not the right of withdrawal applies;
   – the method of payment, delivery, and execution.

Article 5 – The Agreement

1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and fulfils the stated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of that acceptance electronically. As long as this receipt has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, and investigate relevant facts and factors important for responsibly concluding the distance contract. If such investigation gives the entrepreneur good reason not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.
5. The entrepreneur shall, upon or before delivery of the product or service, provide the consumer with the following information in writing or in a manner allowing storage on a durable medium:
   – the address of the entrepreneur’s business premises where complaints can be submitted;
   – the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
   – information about warranties and after-sales service;
   – the data referred to in Article 4(3), unless already provided prior to execution of the agreement;
   – the conditions for termination of the agreement if it is of more than one year or indefinite duration.
6. In the case of a long-term transaction, the previous paragraph applies only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 30 days. The cooling-off period begins the day after receipt of the product by the consumer or a representative designated in advance and made known to the entrepreneur.
2. During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product as far as necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, the product shall be returned with all supplied accessories and – as far as reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.
3. Returns are only accepted after prior authorisation by the entrepreneur. The consumer must contact info@loptimize.nl before returning any item and may only return the product once the entrepreneur has confirmed the return. Without such approval, the item may arrive at an incorrect address, causing delay or loss.
4. The consumer must notify the entrepreneur within 30 days of receipt if they wish to exercise the right of withdrawal. This may be done via the model withdrawal form, by email or by post.
5. After notification, the consumer must return the product within 14 days. Proof of timely dispatch, such as a shipment receipt, must be provided.
6. If the consumer fails to notify withdrawal or return the product within these time limits, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the return shipping costs shall be borne by the consumer.
   The consumer may:
   a. return the product using a carrier of their choice; or
   b. use a return label provided by the entrepreneur for a fee of €6.95 (within the Netherlands), which will be deducted from the refund amount.
2. For returns from abroad, the carrier’s current international rates apply.
3. For the large stand (bed stand), no return label can be provided. It must always be returned by the consumer at their own initiative, as the package is too large for the entrepreneur’s return service. The consumer is responsible for safe and adequate packaging and shipment.
4. Returns are accepted only with prior authorisation. Without confirmation of return instructions, the shipment may be sent to an incorrect address, causing delay or loss. The correct return address will be provided in the return confirmation by email.
5. If the consumer has already paid, the entrepreneur shall refund the amount as soon as possible, but no later than 14 days after termination of the agreement, provided the product has been received or the consumer has supplied conclusive proof of return.
6. Any reduction in value resulting from handling the product beyond what is necessary to assess its nature and functioning may be deducted from the refund.
7. The consumer is responsible for proper packaging and shipping during return; the risk of loss or damage during transport rests with the consumer until the entrepreneur has received the product.

Article 8 – Exclusion of the Right of Withdrawal

1. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least before concluding the contract.
2. As a rule, the right of withdrawal applies to all standard Loptimize products, unless exceptions under paragraph 2 apply.
3. Exclusion of withdrawal is only valid if explicitly stated in the offer and applies in the following cases:
   a. Glasses with custom-made lenses, including prescription and/or individual coatings; these are made specifically for the consumer and therefore constitute bespoke products.
   b. Red-light therapy lamps or accessories used on or against the skin where the seal has been broken; for hygiene reasons, such items cannot be returned once unpacked or used.
   c. Products returned damaged, incomplete or not in their original condition may be wholly or partly excluded from reimbursement.
4. In all other cases, the right of withdrawal remains valid, provided the return complies with Articles 6 and 7.

Article 9 – The Price

1. During the validity period stated in the offer, prices of the offered products and/or services will not be increased, except for changes resulting from alterations in VAT rates.
2. By way of exception, prices of products or services subject to fluctuations on the financial market beyond the entrepreneur’s control may vary. Such dependency and the fact that stated prices are indicative will be mentioned in the offer.
3. All prices include VAT.
4. All prices are subject to printing or typographical errors. No liability is accepted for such errors, and the entrepreneur is not obliged to deliver a product at an incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services conform to the agreement, to the specifications stated in the offer, to reasonable standards of soundness and usability, and to legal requirements and/or government regulations existing on the date of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. The consumer is entitled to a two-year warranty on all red-light therapy lamps and other electrical products from Loptimize, effective from the purchase date. This warranty applies only under normal and careful use in accordance with the manual and safety instructions.
3. For warranty claims, contact info@loptimize.nl, stating the order number, issue description, and accompanying photos/videos.
4. A warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights under the agreement.
5. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months after delivery.
6. The entrepreneur’s warranty period is two years and equals the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding their use or application.
7. The warranty does not apply if:
   – the consumer has repaired or modified the products themselves or had them repaired/modified by third parties;
   – the products have been exposed to abnormal conditions, handled carelessly, or used contrary to the entrepreneur’s instructions or the packaging;
   – the defect results wholly or partly from government regulations regarding the nature or quality of materials used;
   – there is normal wear and tear or ageing of parts.

Article 11 – Delivery and Execution

1. The entrepreneur shall exercise the utmost care when receiving and executing orders and assessing requests for services.
2. The place of delivery is the address the consumer has provided to the company.
3. With due observance of paragraph 4, accepted orders shall be executed promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified within 30 days of placing the order. In such cases, the consumer may cancel the agreement without cost and without any right to compensation.
4. All delivery times are indicative; no rights can be derived from them.
5. In case of cancellation under paragraph 3, the entrepreneur shall refund the amount paid as soon as possible, but at the latest within 14 days.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to supply a replacement item. This will be clearly communicated at delivery. Replacement items cannot exclude the right of withdrawal. Return shipping costs for such replacements are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated by them, unless otherwise expressly agreed.
8. The consumer is responsible for providing correct address details when placing an order. If an incorrect or incomplete address results in delivery errors or returns, additional shipping or handling costs are borne by the consumer. This also applies to costs incurred retrieving and resending products to the correct address.

Article 12 – Payment

1. Unless otherwise agreed, payment must be made at the time of ordering, prior to delivery.
2. The consumer must promptly report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment, and subject to legal limitations, the entrepreneur is entitled to charge the consumer reasonable costs made known in advance.

Article 13 – Complaints Procedure

1. The entrepreneur maintains a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted fully and clearly described to the entrepreneur within two months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive notice within 14 days, indicating when a more detailed response can be expected.
4. If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute settlement procedure.
5. Consumers must first address complaints to the entrepreneur.
6. It is also possible to submit complaints via the European ODR platform Link
7. A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
8. If a complaint is found justified, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Contracts between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions are only valid if agreed in writing and are not detrimental to the consumer. Such provisions must be recorded in writing or in a manner allowing storage on a durable data carrier accessible to the consumer.