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General conditions

Contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion from right of withdrawal
Article 9 - Price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Extended transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or divergent provisions
 

Article 1 - Definitions

For the purposes of these general conditions, the following definitions shall apply:

  1. Withdrawal period: the time limit within which the consumer can make use of his right of withdrawal
  2. The consumer: any natural person who, not acting in the exercise of a profession or business, concludes a distance contract with the trader;
  3. Day: a calendar day
  4. Extended transaction: a distance contract for a series of products or services, where the delivery and purchase obligations are spread over time;
  5. Durable data storage device: any medium enabling the consumer or trader to store information personal to them in a way that makes possible the future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period.
  7. Standard form: the standard form for withdrawal that the trader provides which can be completed by the consumer when making use of the right of withdrawal.
  8. Trader: natural or legal person offering products or services remotely to consumers.
  9. Distance contract: a contract whereby, as part of a system for distance sales of products or services organised by the trader, exclusive use is made of one or more technologies for distance communication until the conclusion of the contract.
  10. Technologies for distance communication: means that can be used for the conclusion of a contract, without the consumer and the trader simultaneously occupying the same space.
  11. General conditions: the trader’s present general conditions

Article 2 - Identity of the trader

Name: Be So Happy

Trading as

- Vision Healthcare BV


Registered address:

Amstelveenseweg 500

1081 KL Amsterdam

Telephone number: 0800-2255100

 

Can be reached:

From Monday to Monday from 09.00 to 19.00.

E-mail: hello@besohappy.com

 

Chamber of Commerce number: 60858613

VAT number: NL854090988B01 Company name: Be So Happy

 

Article 3 - Applicability

  1. These general conditions are applicable to every offer made by the trader, to every distance contract concluded and to orders between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general conditions shall 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 conditions are available for inspection at the trader’s premises and that they will be sent free of charge on request by consumer as quickly as possible.
  3. If the distance contract is concluded electronically, then by way of variation from the previous paragraph, and before the distance contract is concluded, the text of the general conditions will be made available to the consumer by electronic means in such a way that they may be stored by the consumer in a simple manner on a durable data storage device. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the general conditions can be inspected by electronic means and that at the consumer's request they will be sent electronically or in another manner free of charge.
  4. In the event that, alongside these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy. In the event of conflicting general conditions, the consumer may at any time invoke the applicable provision that is the most favourable.
  5. If one or more provisions of these general conditions shall at any time be or become wholly or partially void, the contract and the remaining conditions shall be preserved, and the provision in question shall immediately be replaced in mutual consultation by a provision that approaches the tenor of the original as closely as possible.
  6. Situations not addressed by these general conditions shall be judged in the spirit of these conditions.
  7. Ambiguities in the content or interpretation of one or more provisions of these conditions must be resolved in the spirit of these conditions.

Article 4 - The offer

  1. If an offer is of limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
  2. The offer is without obligation. The trader is entitled to amend and adapt the offer.
  3. The offer shall contain a full and accurate description of the product or service offered. The description shall be sufficiently detailed to enable the consumer to assess the offer. If the trader makes use of images, these shall be a faithful representation of the products or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
  4. All images, specifications and data in the offer are an indication, and may not give rise to damages or the termination of the contract.
  5. Images of products shall be a faithful representation of the products offered. The trader cannot guarantee that the colours reproduced correspond exactly to the product colours.
  6. Every offer shall contain information such that the consumer is clear as to the rights and obligations arising from acceptance of the offer. In particular, this concerns:

o the price including taxes;

o any despatch costs;

o the way in which the contract shall be concluded, and what actions are needed to do so;

o whether or not the right of withdrawal applies;

o the method of payment, delivery and execution of the contract;

o the timescale for acceptance of the offer, or the period during which the trader guarantees the price;

o the rate charged for distance communication, if the cost of using the means of distance communication is calculated on some basis other than the regular basic rate for the communication method used;

o whether the contract will be filed after conclusion, and if so how it may be consulted by the consumer;

o how, before the conclusion of the contract, the consumer can check and amend the information provided for the purposes of the contract;

o any languages other than Dutch in which the contract can be concluded;

o the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically;

o the minimum duration of the distance contract, in the case of an extended transaction.

Optional: available sizes, colours or material types

Article 5 - The contract

  1. Without prejudiced to paragraph 4, the contract comes into being at the time of the consumer’s acceptance of the offer and the fulfilment of its conditions.
  2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance the offer by electronic means. For so long as receipt of acceptance has not been confirmed by the trader, the consumer may cancel the contract.
  3. If the contract is concluded by electronic means, the trader shall take appropriate organisational and technical measures to safeguard the electronic transfer of data and shall ensure a secure web environment. If the consumer may pay electronically, the trader will take suitable security measures.
  4. The trader may obtain information - within the law - about the consumer’s ability to fulfil his payment obligations, and about any other facts and circumstances that are material to the conclusion of the distance contract. If on the basis of this research the trader has good reason for declining to conclude the contract, he has a justifiably motivated right to reject an order or enquiry or to lay special conditions on its execution.
  5. Together with the product or service, the trader will send the consumer the following information, in writing, or in such a way that the consumer can store it accessibly on a durable data storage device:
  6. the physical address of the trader’s establishment where the consumer may direct any complaints;
  7. the conditions under which, and the manner in which, consumers may exercise their right of withdrawal, or a clear mention of the fact that the right of withdrawal does not apply;
  8. information about warranties and the existing aftersales service;
  9. the information mentioned in article 4(3) of these general conditions, unless the trader has already given the consumer these data before the execution of the contract;
  10. the requirements for termination of the contract, if the contract is for a duration of more than one year or is of indeterminate length.
  11. In the event of an extended transaction, the provision of the previous paragraph shall only apply to the first delivery.
  12. Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer may terminate the contract without giving reasons for 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or by a previously appointed represented who has been made known to the trader.
  2. During cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the goods to the extent necessary to assess whether he wishes to keep the product. If he uses his right of withdrawal, he shall return the product to the trader with all the accessories delivered with it and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions supplied by the trader.
  3. If the consumer wishes to exercise his right of withdrawal, he must so inform the trader within 14 days of receipt of the product. The consumer must inform the trader using the standard form. Once the consumer has informed the trader of his intention to use his right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the items delivered have been returned in due time, for example with proof of despatch.
  4. If after the deadlines set out paragraphs 2 and 3 the customer has not notified his intention of using the right of withdrawal or has not returned the product to the trader, the purchase is a fact.

On delivery of services:

  1. When purchasing services, the consumer may terminate the contract without giving reasons for at least 14 days, starting on the day that the contract takes effect.
  2. In order to use the right of withdrawal, the consumer shall refer to the reasonable and clear instructions supplied by the trader with the offer, and/or at the time of delivery.

Article 7 - Costs in the event of withdrawal

  1. If the consumer makes use of the right of withdrawal, only the costs of return shall be borne by him.
  2. If the consumer has paid a sum, the trader shall repay this sum as quickly as possible and no later than 14 days after withdrawal. This is conditional upon the receipt of the returned product by the web shop trader or presentation of conclusive proof of despatch.

Article 8 - Exclusion from right of withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the withdrawal right is only valid if the trader has clearly mentioned the fact in the offer, or at least during the conclusion of the contract.
  2. The right of withdrawal may only be excluded for products:
  3. that the trader has produced in accordance with the consumer’s specifications;
  4. that are of a clearly personal nature;
  5. that cannot be returned by their nature;
  6. that can rapidly deteriorate or age;
  7. where the price depends on fluctuations in the financial market on which the trader has no influence;
  8. individual issues of newspapers and magazines;
  9. audio and video recordings and computer software where the consumer has broken the seal.
  10. hygiene products where the consumer has broken the seal.
  11. The right of withdrawal may only be excluded for services:
  12. relating to accommodation, transport, catering or leisure activities to be delivered on a specific date or during a specific period;
  13. of which delivery has begun, with the consumer’s express agreement, before the cooling off period has expred;
  14. relating to betting or lotteries.

Article 9 - Price

  1. During the validity period mentioned in the offer, prices of the products or services offered will not be raised, except as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where the prices are tied to financial market fluctuations beyond trader’s influence. The offer must mention this link to fluctuations and the fact that any prices mentioned are indicative.
  3. Price increases within three months of conclusion of the contract are only permitted if they result from legal regulations or provisions.
  4. Price increases from three months after the conclusion of the contract are only permitted if so stipulated by the trader and:
  5. result from legal regulations or provisions; or
  6. the consumer may cancel the contract on the day on which the price increase takes effect.
  7. The prices of goods or services mentioned in the offer are inclusive of VAT.
  8. All prices are without prejudice to printing and typesetting errors. No liability will be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors., the trader is not obliged to supply the product at the erroneous price.

Article 10 - Compliance and warranty

  1. The trader is responsible for ensuring that the products or services conform with the contract, the specifications given in the offer, the reasonable requirements for suitability and/or usability and such legal provisions and/or government regulations as exist on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A warranty issued by the trader, manufacturer or importer does not detract from the legal rights and claims that the consumer may invoke against the trader on the basis of the contract.
  3. Any damaged or wrongly delivered products must be reported to the trader in writing within four weeks of delivery. All goods must be returned in the original packaging and in new condition.
  4. The trader’s warranty period coincides with that of the manufacturer’s warranty. However, the trader shall never be liable for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
  5. The warranty shall not apply if:

o the consumer has himself repaired or altered the products delivered, or had them repaired or altered by third parties;

o the products have been exposed to abnormal conditions, have been used carelessly or have been handled in a manner contrary to the instructions given by the trader and/or appearing on the packaging;

o the defect is wholly or partially the consequence of existing or future government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The trader will take the greatest care when receiving and executing orders for products and with the assessment of requests for the delivery of services.
  2. The place of delivery shall be the address which the consumer has given the company.
  3. Subject to paragraph 4 of the present article, the company will execute the orders it accepts with due haste, and within no more than 30 days, unless the consumer agrees to a longer delivery period. If the delivery is subject to delays or if an order cannot be fulfilled, or can only be partially fulfilled, the customer shall receive notification no later than one month after placing the order. In that event, the consumer is entitled to terminate the contract without cost. The consumer has no right to any compensation.
  4. All delivery times are indicative. Consumers may derive no rights from any specified timeframes. Exceeding a deadline gives the consumer no right to compensation.
  5. In the event of termination under paragraph 3 of this article, the trader shall repay any sum paid by the consumer as quickly as possible and no later than 14 days after termination.
  6. If it appears impossible to deliver an ordered product, the trader shall make efforts to offer a replacement article. The fact that a replacement article is being supplied will be made clear, at the latest upon delivery. The right of withdrawal may not be excluded if replacement articles are supplied. The costs of any return shall be met by the trader.
  7. The risk of damaged and missing products lies with the trader up to the time of delivery to the consumer, unless explicitly otherwise agreed.

Article 12 - Extended transactions: duration, termination and renewal

Termination

  1. A contract for an indeterminate period entailing the regular delivery of products (including electricity) or services may be terminated by the consumer at any time in accordance with the agreed termination rules and a notice period not exceeding one month.
  2. A fixed-term contract entailing the regular delivery of products (including electricity) or services may be terminated by the consumer at any time before the end of the fixed term in accordance with the agreed termination rules and a notice period not exceeding one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:

o at any time, without limitation of termination to a given point in time or a given period;

o at least in the same way as it was entered into;

o at any time, with the same notice period as the trader has stipulated for itself.

Extension

  1. A fixed-term contract entailing the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a given period.
  2. Notwithstanding the previous paragraph, a fixed-term contract entailing the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a given period of no more than three months, provided than the consumer can cancel this extended contract before the end of the extension with a notice period not exceeding one month.
  3. A fixed-term contract entailing the regular delivery of products or services may only be tacitly extended for a given period provided than the consumer can cancel this extended contract at any time with a notice period not exceeding one month and a notice period of no more than three months in the event that the contract entails the regular delivery, but at less than monthly intervals, of daily and weekly newspapers and magazines.
  4. A fixed-term introductory contract for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscriptions) will not be automatically extended and will automatically terminate at the end of the trial or introductory period.

Duration

  1. If a contract term is of more than one year, after one year the consumer may terminate it at any time subject to a notice period not exceeding one month, unless it would be unreasonable and unfair to terminate the contract before the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the payments due from the consumer must be made with seven working days of the start of the cooling-off period as stipulated in article 6(1). In the event of a services contract, this period begins after the consumer has received confirmation of the contract.
  2. The consumer is obliged to notify the trader immediately of any errors in the payment details.
  3. In the event of non-payment by the consumer, and subject to legal limitations, the trader is entitled to charge the consumer any reasonable costs of which the consumer has been previously notified.

Article 14 - Complaints

  1. The trader has a well-publicised complaints procedure, and shall handle any complaint in accordance with this procedure.
  2. Complaints about the execution of the contract must be fully and clearly described and notified to the trader within seven days after the consumer has become aware of the defects.
  3. Complaints notified to the trader shall be answered within 14 days of receipt. If a complaint requires an appreciably longer handling time, it will be answered by the trader within 14 days with acknowledgement of receipt and an indication of when the consumer might expect a more comprehensive response.
  4. If the complaint cannot be resolved by amicable agreement, a dispute will have arisen that is subject to dispute settlement.
  5. In the event of complaints, the consumer must first approach the trader.
  6. A complaint does not suspend the the trader’s obligations unless the trader explicitly indicates otherwise.
  7. If the trader finds a complaint to be justified, it may replace or repair the products without charge, at its own choice.

Article 15 - Disputes

  1. Only Dutch law shall apply to contracts between the trader and the consumer to which these general conditions relate, even where the consumer is resident abroad.
  2. The Vienna Convention on the International Sale of Goods shall not apply.

Article 16 - Additional or divergent provisions

Additional provisions or deviations from these general conditions may not be contrary to the consumer’s interest and must be set down writing or be recorded in such a way that the consumer can store them accessibly on a durable data storage device.

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