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 the event 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 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Supplementary or Deviating Provisions

Article 1 - Definitions

In these terms, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance agreement concerning a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
  5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill out when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance agreement: an agreement in the context of a system for remote sales of products and/or services organized by the entrepreneur, whereby up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.
  10. Technology for remote communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being present in the same place at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

365 brillen
Aurora 4
1462 PL Middenbeemster
service@365glasses.co.uk
020-2117400
KVK 80132421
VAT NL003403724B30

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded at a distance and orders between the entrepreneur and the consumer.
  2. 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 viewed with the entrepreneur and that, upon the consumer's request, they will be sent as soon as possible free of charge.
  3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the case of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are wholly or partially invalid or are annulled at any time, the agreement and these terms shall remain in effect for the remainder, and the relevant provision shall be promptly replaced by a provision that as closely as possible reflects the intent of the original in mutual consultation.
  6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguities regarding the explanation 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

  1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
  3. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable 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 apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
  5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:
    • the price including taxes;
    • the potential shipping costs;
    • the manner in which the agreement will be established and what actions are necessary for that;
    • the applicability or non-applicability of the right of withdrawal;
    • the method of payment, delivery and execution of the agreement;
    • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the fee for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication method used;
    • whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
    • the way in which the consumer can check the data provided by him in the context of the agreement before concluding the contract and correct it if desired;
    • the possible other languages in which the agreement can be concluded, in addition to Dutch;
    • the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the agreement based on this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures in this regard.
  4. The entrepreneur can inform themselves - within legal frameworks - whether the consumer can meet their payment obligations, as well as be aware of all the facts and factors that are relevant for responsibly entering into a distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.
  5. The entrepreneur shall provide the consumer with the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:
    • the visiting address of the entrepreneur's location 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 notification regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing service after purchase;
    • the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indeterminate duration.
  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the product is received by the consumer or by a representative designated by the consumer and communicated to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he chooses to exercise his right of withdrawal, he will return the product along with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model form or through another means of communication, such as by email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in a timely manner, for example, by means of a shipping receipt.
  4. If the customer has not expressed their intention to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is final.

When providing services:

  1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting from the day the agreement is concluded.
  2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, they will be responsible for the maximum costs of returning the goods.
  2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is on the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used unless the consumer expressly consents to a different payment method.
  3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

  1. 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 only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the specifications of the consumer;
    • that are clearly of a personal nature;
    • that by their nature cannot be returned;
    • that can spoil or age quickly;
    • whose price is tied 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 for which the consumer has broken the seal;
    • for hygienic products for which the consumer has broken the seal.
  3. Exclusion from the right of withdrawal is only possible for services:
    • regarding accommodation, transportation, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
    • for which the delivery has commenced with the express consent of the consumer before the reflection period has expired;
    • regarding bets and lotteries.

Article 9 - The Price

  1. 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 resulting from changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases occurring after 3 months from the establishment of the agreement are only permitted if the entrepreneur has stipulated this and:
    • these are the result of legal regulations or provisions; or
    • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 180 days of delivery. Returns of the products must be made in the original packaging and in new condition.
  4. The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any 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 themselves or has 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 are in violation of the instructions from the entrepreneur and/or have been treated on the packaging;
    • the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the company.
  3. Taking into account what is mentioned in paragraph 4 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to any compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. No later than at the time of delivery, it will be clearly and understandably communicated that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are to be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Cancellation

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the agreed termination rules and with a notice period of no more than one month.
  3. The consumer can cancel the agreements mentioned in the previous sections:
    1. to terminate at any time and not be limited to termination at a specific time or within a certain period;
    2. at least terminate in the same manner as they were entered into by him;
    3. Always cancel with the same notice period that the entrepreneur has agreed upon for themselves.

Extension

  1. An agreement that is entered into for a fixed term and is aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
  2. In deviation from the previous paragraph, an agreement that has been entered into for a fixed term and which pertains to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement that is entered into for a fixed term and is intended for the regular delivery of products or services may only be extended tacitly for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case where the agreement involves regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months, after the consumer has identified the defects.
  3. 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and the complaints cannot be resolved through mutual agreement, the consumer should turn to the WebwinkelKeur Foundation.www.webwinkelkeur.nl), this will mediate for free. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not been reached by then, the consumer has the option to have their complaint addressed by the independent dispute committee appointed by the WebwinkelKeur Foundation. The ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform.http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
  7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these general terms and conditions pertain, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional provisions

  1. The use of products from 365 brillen is entirely at the consumer's own risk. 365 brillen can in no way be held responsible for any consequences arising from the use of its products. In case of doubt, always consult a certified medical professional regarding paramedical products.