General Terms and Conditions – Loptimize

General Terms and Conditions – Loptimize

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

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the course of a profession or business and enters into a distance agreement with the entrepreneur;
• Day: calendar day;
• Continuous transaction: a distance agreement relating to a series of products and/or services for which the obligation to supply and/or purchase is spread over time;
• Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the consumer’s ability to waive the distance agreement within the cooling-off period;
• Model withdrawal form: the withdrawal form made available by the entrepreneur that a consumer can fill in if they wish to exercise their right of withdrawal;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
• Distance agreement: an agreement concluded as part of an organized system for the distance selling of products and/or services, where one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;
• Means of distance communication: a method that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time;
• General Terms and Conditions: these current General Terms and Conditions of the entrepreneur.

Name of entrepreneur: Jeroen Nivard
Trading under the name: Loptimize
Business address: Wilhelminaplein 1, 3072 DE, Rotterdam, The Netherlands
Phone: +31 850609390
Availability: Monday to Friday, 08:00–16:30
Email: info@loptimize.nl
Chamber of Commerce (KvK) number: 80462936
VAT number: NL003445812B23

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

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 will indicate, before the agreement is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms will remain in force, and the void or annulled provision will be replaced by a provision that approximates the intent of the original as closely as possible.

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

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

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

The offer is non-binding. The entrepreneur is entitled to change and adjust 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, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

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

Each offer contains information making it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method 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 the consumer accepts the offer and meets the associated conditions.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.

The entrepreneur shall include the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the business address of the entrepreneur where the consumer can lodge complaints;
• the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about warranties and after-sales service;
• the details included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

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

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, the consumer shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Returns are only accepted after prior approval from the entrepreneur. The consumer must first contact info@loptimize.nl and may return the product only after receiving confirmation from the entrepreneur. Without prior approval, returned items may be sent to the wrong address, potentially causing delays or loss.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product. This can be done using the model withdrawal form, by email, or by post.

After notifying the withdrawal, the consumer must return the product within 14 days. The burden of proof for timely return lies with the consumer, for example through proof of shipment.

If the consumer does not notify the withdrawal within the aforementioned periods or does not return the product in time, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the product are at their own expense.

The consumer has the choice to:

a. return the product via a carrier of their choice; or
b. use a return label provided by the entrepreneur at a cost of €6.95 (valid for returns within the Netherlands only)

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, which will be deducted from the refund amount.

Returns are only accepted after prior approval from the entrepreneur. Without confirmation of return instructions, the product may be sent to the wrong address, resulting in delays or loss.

If the consumer has already paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after the cancellation of the agreement, provided the product has been received by the entrepreneur or the consumer has provided conclusive proof of return.

Any decrease in value of the returned product caused by use beyond what is necessary to establish its nature, characteristics, and functioning may be deducted from the refund.

Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in time before the agreement is concluded.

The right of withdrawal generally applies to all standard products from Loptimize, except in the following cases:

a. Glasses with custom-made lenses, including prescription and/or personalized coatings. These are made specifically for the consumer and are considered bespoke;

b. Red light lamps or accessories that have been used on or against the skin, where the hygienic seal has been broken. For hygiene reasons, these products cannot be returned once opened and used;

c. Products that are returned damaged, incomplete, or not in their original condition may (partially) be excluded from a refund.

In all other cases, the right of withdrawal applies as long as the return meets the conditions in Articles 6 and 7.

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 VAT rate adjustments.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, where those prices are subject to fluctuations in the financial market and over which the entrepreneur has no control. These price fluctuations and the fact that any listed prices are target prices will be stated in the offer.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any additional warranty provided by the entrepreneur, manufacturer, or importer does not limit the legal rights and claims the consumer may assert based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur or the packaging;
• The defect is wholly or partially the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

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

The delivery address is the address that the consumer has communicated to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution as per paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are 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 pre-designated representative, unless explicitly agreed otherwise.

The consumer is responsible for providing correct address information when placing an order. If the given address is incorrect or incomplete, and the parcel is delivered to or returned from the wrong address, any additional shipping or handling costs will be borne by the consumer. This also applies to costs involved in retrieving the product from the incorrect address and resending it to the correct address.

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.

The consumer has a duty to report inaccuracies in provided or stated payment information to the entrepreneur without delay.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously communicated to the consumer.

The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

The consumer must first turn to the entrepreneur in case of complaints.

It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

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

The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Additional or deviating provisions from these general terms and conditions must 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 data carrier.