EyeSense Terms and Conditions
Koningin Julianastraat 25
4671 EE Dinteloord
Telephone number: 0621297035
E-mail address: email@example.com
Chamber of Commerce number: 55078222
VAT identification number: NL147555887B01
1.1 These general terms and conditions apply to all offers of EyeSense webshop, from EyeSense. The conditions are accessible to everyone and included on the EyeSense internet site. We will send you one upon request
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. EyeSense reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by EyeSense.
1.4 EyeSense guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last. If something is not in stock, the ordered product will be ordered from one of our suppliers. However, we always inform you of this because of longer delivery times.
2.2 EyeSense will execute orders within 30 days as part of the distance selling rules. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will receive within 1 month after placing the order. message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of EyeSense will, subject to proof to the contrary, be met as soon as the goods delivered by EyeSense have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO and include VAT.
3.4.On Delivery by EyeSense is transferred after full payment of the purchase price by the customer.
4. Visibility period / right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days. This period starts at the moment the ordered items are delivered. If the customer has not returned the delivered goods to EyeSense after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 14 working days after delivery in writing with indication of reason of return at EyeSense. The customer must prove that the delivered goods have been returned on time, for example by means of proof of mail delivery. Return of the goods must be in the original packaging and in a new condition. In the absence of the cardboard box (if present) or lens cloth we charge € 5.-.
If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, EyeSense is responsible for ensuring that the purchase price (excluding shipping costs) is reimbursed to the customer within 30 days after the receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
• services whose implementation, with the consent of the consumer, has started for the period of seven working days
• goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence
• goods that are manufactured according to the consumer’s specifications, for example custom-made products, or that have a clearly personal character
• for goods or services that can not be returned due to their nature, for example due to hygiene or that can quickly deteriorate or age.
5. Data management
5.1 If you place an order with EyeSense, your data will be included in the EyeSense customer base. EyeSense adheres to the Personal Records Act and will not provide your information to third parties.
5.2 EyeSense respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 EyeSense sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6.1 EyeSense guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and is therefore responsible for the factory guarantee of the product delivered to you.
6.2 The warranty period of EyeSense corresponds to 1 year. EyeSense is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is wrong, inadequate or incomplete, then the customer must report these defects in writing immediately before returning them to EyeSense. Any defects or incorrectly delivered goods must be reported in writing up to a maximum of 14 days after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the buyer are found to be well-founded by EyeSense, EyeSense will go to her
choice or replace the delivered goods free of charge or make a written arrangement regarding the compensation with the customer, on the understanding that the liability of EyeSense will therefore always be limited to the maximum amount of the invoice of the goods concerned, or at the option of EyeSense to the maximum amount covered by the EyeSense liability insurance in the relevant case. Any liability of EyeSense for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 This guarantee does not apply if: A) and as long as the customer is in default towards EyeSense; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired or processed. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of EyeSense and / or instructions on the package are treated; D) the defect is wholly or partially the result of regulations that the government has or will make regarding the nature or the quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a free offer by the buyer, EyeSense reserves the right to the
to revoke or deviate from this acceptance within the period of 3 working days after receipt of that acceptance.
7.3 Oral promises are only binding on EyeSense after they have been explicitly confirmed in writing.
7.4 Offers from EyeSense do not automatically apply to repeat orders.
7.5 EyeSense can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between EyeSense and a customer comes into being after an order has been assessed by EyeSense for feasibility.
8.2 EyeSense reserves the right to refuse orders or orders without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the internet site of EyeSense are only approximate, are indicative and can not lead to damages or dissolution of the agreement. Images and colors may differ slightly from the delivered product.
10. Force majeure
10.1 EyeSense is not liable if and insofar as its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of EyeSense as well as of auxiliary persons, illness of staff, defects in auxiliary or
means of transport apply explicitly as force majeure.
10.3 In the event of force majeure, EyeSense reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. In no event is EyeSense liable to pay any penalty or compensation.
10.4 If EyeSense has already partially fulfilled its obligations on the occurrence of the force majeure, or only partially fulfills its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 EyeSense is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered by EyeSense to the buyer remains with EyeSense
as long as the customer claims EyeSense under the agreement or earlier or later
similar agreements have not been fulfilled, as long as the customer has not yet performed the work performed or to be performed from these or similar agreements and as long as the customer has not yet paid the claims of EyeSense due to shortcomings in the fulfillment of such obligations, including claims in respect of fines, interest and costs, as referred to in Section 3:92 Dutch Civil Code.
12.2 The items delivered by EyeSense that fall under the retention of title may only be placed in the
under normal business operations are resold and are never used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer gives unconditional and irrevocable consent to EyeSense or a bye
EyeSense to appoint third to, in all cases where EyeSense wants its property rights
to enter all those places where its properties will be located and to take those items there.
12.5 If third parties seize the goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to inform EyeSense as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to EyeSense on first request. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes resulting from an agreement between EyeSense and buyer, which can not be resolved by mutual agreement, shall be heard by the competent court within the district of Breda, unless EyeSense prefers the difference to the competent court of the place of residence of the to subject the buyer, and with the exception of those disputes that are part of the competence of the subdistrict court.
14. Applicable law
14.1 Dutch law applies to every agreement between EyeSense and the consumer.