Article 1 definitions
In these terms and conditions:
1. Entrepreneur: The natural or legal person and offers products and/or services to consumers remotely;
2. Consumer: The natural person who does not act in the exercise of profession or business and enters into a contract with the entrepreneur;
3. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically in each other's proximity, such as (but not limited to) by fax, telephone and internet;
4. Distance contract: An agreement whereby, within the framework of a system for the sale or service of goods or services organised by the seller or service provider (entrepreneur), up to and including the conclusion of the contract Only one or more techniques for distance communication are used;
5. Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
6. Reflection time: The period within which the consumer can make use of his right of withdrawal;
7. Day: Calendar day;
8. Duration transaction: A distance contract with respect to a number of products and/or services, the supply and/or purchase obligation of which is distributed over a longer period;
9. Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to him/her personally in a way that enables future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Icon Eyewear is a registered trade name under:
Icon Eyewear B.V.
1185 XV Amstelveen, The Netherlands
From Monday to Friday from 10:00 hours to 17:00 hours
Tel: + 31 (0) 20 614 0991 or 24/7 via: [email protected]
VAT identification number: NL 810309269 B01
Chamber of Commerce number: 33258458
Article 3 - Applicability
1. These general terms and conditions apply to any distance contract concluded between entrepreneur and consumer and to any of the entrepeneur's offers.
2. Before the distance contract is concluded, the entrepreneur shall make available to the consumer the text of these general terms and conditions. If it is not possible to make the general conditions available in advance, the entrepreneur will indicate before the distance contract is concluded that the consumer can see the general conditions and that they are so at the request of the consumer be sent for free as soon as possible. The text of these general terms and conditions may also be made available by electronic means to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions may be notified electronically and that at the request of the consumer by electronic means or otherwise will be sent free of charge.
3. If, in addition to these general terms and conditions, certain product or service conditions apply, the second paragraph shall apply and the consumer may, if there are conflicting (general) conditions, appeal the applicable provision which is most favorable to him/her.
Article 4-The Agreement
1. The Agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down, subject to the provisions of paragraph 6 of this article.
2. The entrepreneur shall immediately confirm receipt of acceptance of the offer electronically if the consumer has accepted the offer electronically. Until the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. The entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data in the event that the consumer has accepted the offer by electronic means. The entrepreneur will observe appropriate security measures if the consumer can pay electronically. In this context, the entrepreneur will ensure a secure web environment.
4. The entrepreneur shall transmit to the product or service the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: A. The visiting address of the establishment of the entrepreneur where the consumer can contact complaints; B. The conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration. C. The data contained in article 5 paragraph 3, unless the trader has already provided this information to the consumer before the performance of the contract; D. The information about the warranties and service after purchase; E. The conditions under which and the manner in which the consumer may make use of the right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 shall apply only to the first delivery if the entrepreneur has committed himself to delivering a range of products or services;
6. The entrepreneur can (of course within the limits of the law) inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
Article 5-The Offer
1. The entrepreneur shall explicitly indicate if an offer has a limited validity period or is subject to conditions.
2. The offer shall contain a complete, accurate and detailed description of the products and/or services offered, so that the consumer can assess the product/service properly. If images are used within the offer, these must be truthful images of the products and/or services offered. Obvious mistakes or errors in the offer, where it's a clear mistake as seen by the consumer, do not bind the entrepreneur.
3. In the case of an offer, the entrepreneur clearly mentions the rights and obligations of a consumer if the offer is accepted. Of interest include the price including taxes; -Cost of delivery if applicable; -The way in which the agreement will be concluded and how the consumer can achieve it; -Method of delivery, payment or execution of the Agreement; -The way in which the consumer can be informed before the conclusion of the agreement of Acts not sought by him, and the way in which he can recover it before the agreement is concluded; -Any languages in which, in addition to Dutch, the agreement may be concluded; -The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically; And-The minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services. -The application of the right of withdrawal; -If the agreement is archived after its conclusion, how it can be consulted by the consumer; -The amount of the tariff for distance communication if the cost of using the distance communication technique is calculated on a basis other than the basic rate; -time limit for acceptance of the offer, or the period for the setting of the price.
Article 6-The price
1. All prices of products or services offered are prices including VAT. There may not be any hidden additional costs such as taxes (VAT), packaging or shipping costs in the offer. If these costs are applicable, they must be clearly stated in the offer.
2. The prices of the products and/or services offered shall not be increased during the period of validity indicated in the offer, subject to price changes due to changes in VAT rates. 3. If there are products or services whose prices are bound to fluctuations in the financial market where the entrepreneur has no influence, the entrepreneur may, by way of derogation from the preceding paragraph, offer the product/service with variable prices, provided that the entrepreneur clearly mentions the offer of these fluctuations and that prices are indicative prices.
4. Price increases within three months of the conclusion of the agreement are not permitted unless they are the result of statutory regulations or provisions.
5. Price increases from three months after the conclusion of the contract are not permitted unless the entrepreneur has stipulated this, they are the result of statutory regulations or provisions or the consumer has the possibility to say at the time of a price increase.
Article 7 – Payment
1. The amounts owed by the consumer shall, unless otherwise agreed, be fulfilled within fourteen days after delivery of the good or in the case of a contract for the provision of a service within 14 days of the issue of documents with relating to that service.
2. If there is a non-payment or default by the consumer, unless this is legally limited, the trader may charge reasonably incurred costs to the consumer provided that this has been communicated to the consumer beforehand.
3. Any inaccuracies in the payment details provided or stated must be communicated to the entrepreneur immediately by the consumer.
4. Where the payment is made in advance, the consumer cannot assert any right concerning the execution of the relevant order or service before the agreed prepayment has been effected.
Article 8-Right of withdrawal on delivery of products
1. When purchasing products for at least fourteen days from the day of receipt of the product by or on behalf of the consumer, the consumer has the option to dissolve the agreement without giving any reason, provided that the product is unworn and New condition.
2. If the consumer wishes to make use of the right of withdrawal, it should only unpack or use the product to the extent necessary in order to assess whether the consumer wishes to retain the product. During this period the consumer will handle the product and the packaging carefully. The consumer will return the product with all accessories supplied and, as far as possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions indicated by the entrepreneur.
Article 9 - Right of withdrawal upon delivery of services
1. With the delivery of services for at least fourteen days, starting on the day of entering into the agreement, the consumer has the option of dissolving the agreement without giving reasons.
2. The consumer will follow the reasonable and clear instructions provided by the trader with regard to the offer and / or at the latest with regard to the use of his right of withdrawal.
Article 10 - Costs in case of cancellation
1. If the consumer makes use of the right of withdrawal, the cost of the return shall not exceed the costs of his/her account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. The shipping costs are deducted from the amount to be credited
Article 11 - Exclusion of the right of withdrawal
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer and in time for the conclusion of the agreement.
2. Excluding the right of withdrawal is only possible for products: a) that can spoil or age quickly; b) that cannot be returned due to their nature; c) for products of which the consumer has broken the seal. d) for individual newspapers and magazines; e) that have been established by the entrepreneur in accordance with the consumer's specifications; f) whose price depends on fluctuations in the financial market over which the entrepreneur has no influence; g) that are clearly personal in nature;
3. Exclusion of the right of withdrawal for services is possible: c) in betting and lotteries. b) for services for which delivery has begun with the express consent of the consumer before the cooling-off period has expired; c) concerning transport, restaurant business, accommodation or leisure activities to be carried out on a certain date or during a certain period.
Article 12 - Duration transactions
1. In the case of an agreement that has been entered into for an indefinite period of time, the consumer can always cancel with due observance of the agreed termination rules and a notice period of at most one month.
2. The maximum duration for a fixed-term contract is two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products, as well as when assessing requests for the provision of services.
2. The entrepreneur recognizes electronic communication and will not deny its validity or legal effect due to the mere fact that the communication is electronic.
3.If delivery of an ordered product proves to be permanently impossible, the entrepreneur will endeavor to make a replacement comparable item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. With replacement items, the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, whereby the costs of a possible return shipment will be borne by the entrepreneur.
4. Unless explicitly agreed otherwise, the risk of loss and / or damage to products rests with the entrepreneur until the moment of delivery to the consumer. 5. The address that the consumer has communicated to the entrepreneur is considered the place of delivery.
5. The entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed, with due observance of the provisions in article 5. If there is a delay in delivery, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In such a case, a consumer has the right to terminate the contract without costs and a right to possible compensation. 6. In the event of termination on the grounds of the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 30 days after termination.
Article 14 – warranty
A scheme offered by the trader, manufacturer or importer as a guarantee can cover the rights and claims that the consumer has with regard to a shortcoming in the fulfillment of the trader's obligations to the consumer under the law and / or the agreement do not limit or set aside remotely.
Article 15 - conformity
The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and / or reliability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
Article 16 – Complaints procedure
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
3. The entrepreneur will handle and respond to complaints submitted as soon as possible, but in any case 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 a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. Een klacht over een product, dienst of de service van de ondernemer kan worden ingediend via een klachtenformulier op de website van de Stichting Webshop Keurmerk (http://www.keurmerk.info) nadat de klacht is ingediend bij de ondernemer en getracht is tot een oplossing te komen. The complaint submitted to the Foundation will be forwarded to the entrepreneur in order to give him the opportunity to resolve the complaint or to make the position known to the Foundation. If the complaint cannot be solved in mutual consultation, the Stichting Webshop Keurmerk will attempt to mediate. A complaint will only be processed by Stichting Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Article 17 - Additional or different provisions
Additional or deviating provisions from these general 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 in an accessible manner on a durable medium.
Article 18 - Modification of the general terms and conditions Stichting Webshop Keurmerk
Changes to these terms and conditions will only take effect after they have been published correctly. In the event of changes during the term of an offer, the most favorable provision (s) for the consumer will prevail.
Article 19 - Applicable law
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law