General Terms and Conditions – Eurosupps

This document contains the English translation of the General Terms and Conditions of Eurosupps.

 

Article 1 – Definitions

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

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. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

4. Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time;

5. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Day: calendar day;

8. Continuous transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time;

9. Durable medium: any device that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unchanged reproduction of the stored information.

10. Opticare Ventures Group B.V., hereinafter referred to as Eurosupps

11. Email address: info@eurosupps.nl

12. Chamber of Commerce (KvK) number: 9432I957 | Phone number: 0621100774

 

Article 2 – The Entrepreneur

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

2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed and that they will be sent free of charge upon request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically, in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, the consumer will be informed where to find the terms electronically and that they will be sent electronically or otherwise free of charge upon request.

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

 

Article 3 – Company Information

1. Company name: Opticare Ventures Group B.V.

2. Brand name: Eurosupps

3. Address: Neon 9I, 4751XA Oud Gastel, Netherlands

4. Email address: info@eurosupps.nl

5. Chamber of Commerce (KvK) number: 94321957

6. VAT number: NL866732913B01

7. Phone number: 0621100774

 

Article 4 – The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

• The price including taxes;

• Any delivery costs;

• The manner in which the agreement will be concluded and what actions are required for that;

• Whether or not the right of withdrawal applies;

• The method of payment, delivery, or performance of the agreement;

• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;

• The rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular rate;

• Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;

• The way in which the consumer can check and, if necessary, correct the data provided under the contract;

• Any languages other than Dutch in which the agreement may be concluded;

• The codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically;

• The minimum duration of the distance contract in the event of a long-term transaction.

 

Article 5 – The Agreement

1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

2. 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.

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

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

5. The entrepreneur shall include the following information with the product or service, in writing or in a way that the consumer can store it in an accessible manner on a durable medium:

    b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    d. The information listed in Article 4(3), unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph shall only apply to the first delivery.

 

Article 6 – Right of Withdrawal

During the withdrawal period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.

If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts the day after the consumer or a third party designated by the consumer receives the product.

The return address: Eurosupps, Wattweg 5 Box 0204, 4622 RA Bergen op Zoom, The Netherlands.

 

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they shall bear at most the cost of returning the goods.

2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

 

Article 8 – Exclusion of Right of Withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, or at least in time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

   a) that are clearly of a personal nature;

   b) that can spoil or age quickly;

   c) newspapers and magazines;

   d) audio and video recordings and computer software of which the seal has been broken by the consumer;

   e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

   f) that cannot be returned due to their nature;

   g) that have been produced by the entrepreneur according to the consumer’s specifications.

 

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices, when these prices are subject to fluctuations in the financial market and the entrepreneur has no influence over these fluctuations. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

3. Price increases within 3 months after the agreement is concluded are only permitted if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:

   a) they are the result of legal regulations or provisions; or

   b) the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

 

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.

2. An arrangement offered as a warranty by the entrepreneur, manufacturer, or importer shall not affect the rights and claims the consumer may assert against the entrepreneur with respect to a failure in the performance of the entrepreneur’s obligations under the law and/or the distance agreement.

 

Article 11 – Delivery and Execution

1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

2. The place of delivery shall be the address that the consumer has provided to the company.

3. Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders placed before 16:00 on the same day unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will receive an email after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

Delivery times within Europe:

We use PostNL for deliveries within Europe. Estimated delivery times vary by country and are typically between 2 and 7 business days after shipment.

Although we make every effort to deliver on time, we depend on external carriers. As such, delays may occur due to customs, holidays, or local delivery issues beyond our control.

The delivery times mentioned above are indicative and cannot be considered binding deadlines.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. Upon delivery, it shall be clearly and comprehensibly stated 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.

6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

7. Textual errors on the website do not automatically result in dissolution of the agreement. The entrepreneur and the customer shall seek a solution in mutual consultation.

 

Article 12 – Payment

a) Unless otherwise agreed, the amounts owed by the consumer must be paid before delivery of the goods.

b) The consumer has the duty to report inaccuracies in provided or stated payment details without delay.

c) In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known in advance to the consumer.

d) For any questions, you can always refer to the contact information provided in Article 3.

 

Article 13 – Complaints Procedure

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

2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely manner, fully and clearly described, after the consumer has discovered 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 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 response.

All sales by Eurosupps and agreements resulting from them are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

4. The website www.eurosupps.nl may contain third-party advertisements or links to other websites. Eurosupps is not responsible for the privacy policies of these third parties or their websites. You can always ask Eurosupps what data is being processed about you. To do so, you may send an email. You may also request corrections, additions, or deletions by email. If you no longer wish to receive information, you can inform Eurosupps. Information will only be sent if you have provided your email address for that purpose.

Additional or deviating provisions from these general terms and conditions must not be to the consumer’s disadvantage and should be recorded in writing or in a manner that allows the consumer to store them accessibly on a durable medium.

 

Article 15 – Applicable Law and Competent Court

Dutch law applies to all agreements concluded. The competent court is the court in the place of residence of the entrepreneur.