Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal;

Consumer: the natural person who is not acting in the course of business or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over time;

Durable medium: any medium that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the model withdrawal form provided by the entrepreneur which the consumer can fill in to exercise the right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the contract;

Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room simultaneously;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Name of entrepreneur: J. Nivard.

Operating under the name: Loptimize.

Registered address:

Wilhelminaplein 1,

3072 DE, Rotterdam

Phone number: +31651892652.

Availability: Monday to Friday 08:00-16:30

Email address: info@

Chamber of Commerce number: 80462936

VAT identification number: NL003445812B23.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically to the consumer before the distance contract is concluded in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs of this article will also apply and the consumer may always invoke the applicable provision that is most favorable to him in the case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or voided, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced promptly by a provision that most closely approximates the intent of the original provision through mutual consultation.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for claims for damages or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically includes:

The price including taxes;

Any shipping costs;

The manner in which the agreement will be concluded and what actions are required for that purpose;

The applicability of the right of withdrawal;

The manner of payment, delivery, and execution of the agreement;

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for that purpose.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur can – within legal limits – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

The visiting address of the entrepreneur’s establishment where the consumer can go with complaints;

The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

Information about warranties and existing after-sales service;

The data mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative appointed by the consumer and notified to the entrepreneur.

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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Returned products must be sent back in their original packaging and in new condition unless the product is defective.

When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the product. This notification must be made using the model form or by email/letter. After the consumer has notified the entrepreneur of his wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example by means of proof of shipment.

If the consumer does not notify the entrepreneur of his wish to exercise the right of withdrawal or does not return the product within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, he will only be responsible for the direct costs of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received by the web shop or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion

of the right of withdrawal is only possible for products:

That are made to the consumer’s specifications;

That are clearly personal in nature;

That cannot be returned due to their nature;

That spoil or age quickly;

The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

For individual newspapers and magazines;

For audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price

The prices stated in the offer include VAT.

During the validity period stated 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.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. The offer will state this and the possible link to the fluctuations in the financial market and the fact that any prices mentioned are target prices.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions; or

The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

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 the existing statutory provisions and/or government regulations as of the date of the conclusion of the agreement.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and the entrepreneur will return the amount paid by the consumer as soon as possible.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will return the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product appears to be impossible, the entrepreneur will make an effort to provide a replacement product. No later than upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of returning the product will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and notified to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6, paragraph 1.

The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs incurred.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently announced complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of 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.

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions from these 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 by the consumer in an accessible manner on a durable medium.

Annex I – Model Withdrawal Form

(To be filled out and returned only if you wish to withdraw from the contract.)

To: [Name entrepreneur]

[Address entrepreneur]

[Email address entrepreneur]

I/We (*) hereby notify you that I/We (*) withdraw from our contract regarding the sale of the following products (*)/provision of the following service (*),

Ordered on (*)/received on (*),

Name consumer(s),

Address consumer(s),

Signature consumer(s) (only if this form is submitted on paper),

Date.

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