Find out more about our terms and conditions. On this page, you can read all about Optismile's terms and conditions.
These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and came into force on 1 June 2014.
These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the operator at withdrawal
Article 10 - Exclusion of the right of withdrawal Article 11 - The price
Article 12 - Performance and additional guarantee Article 13 - Delivery and implementation
Article 14 - Continuing performance: Term, cancellation and extension Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee
Article 19 - Additional or different provisions
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these Terms and Conditions the following definitions apply
- Supplementary contract: a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital Content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
- Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period that is tailored to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers from a distance
- Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication
- Model form for withdrawal: the European model form for withdrawal included in Annex I of these Terms and Conditions;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Name entrepreneur: OptiSmile
Address Overschiestraat 63 - 5 high, 1062XD Amsterdam *headquarters, visits are not possible
Phone number: 020-2614883 - available on working days between 09:00 - 17:30.
E-mail address: [email protected]
Chamber of Commerce number: 5291526
Article 2. Applicability
- These General Terms and Conditions of Sale (hereafter referred to as the Terms and Conditions) apply to all offers, orders, contracts and deliveries made by Optismile, to the exclusion of any other general terms and conditions. These Terms can also be consulted on the Internet at: https://optismile.eu/
- These Terms will apply to every contact between Optismile and the customer, regardless of the medium of communication used.
- Accepting an offer or placing an order means that the Customer accepts the applicability of these Terms.
- Deviations from the provisions of these Terms and Conditions may only be made if Optismile has expressly agreed to this in writing, in which case the other provisions will remain in full force.
- If the Customer also refers to his own general terms and conditions, these will not be applicable unless Optismile has expressly agreed to this in writing.
- All rights and claims stipulated in these Terms and Conditions and in any further agreements for Optismile are also stipulated for the benefit of intermediaries and other third parties engaged by Optismile.
- Where these Terms have been drawn up in a language other than Dutch, the Dutch text will prevail in the event of differences.
Article 3 - Applicability
- 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.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always appeal to the applicable provision that is most favourable to him/her.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur may, within legal frameworks - inform whether the consumer can meet 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 entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- Not later than upon delivery of the product, service or digital content to the Consumer, the Entrepreneur shall send the following information in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing service after purchase;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can dissolve an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but he cannot oblige the consumer to state his reason(s).
- The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
- The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
- If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity which are not made ready to be sold in a limited volume or certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount which is proportionate to that part of the commitment which has been fulfilled by the entrepreneur at the moment of withdrawal compared to the full fulfilment of the commitment.
- The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, the reimbursement of expenses in case of withdrawal or the model form for withdrawal, or
- the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period
- The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly consented to the beginning of the performance of the contract before the end of the cooling-off period
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to confirm this declaration by the consumer.
- If the consumer makes use of his right of withdrawal, all supplementary contracts are cancelled by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the trader makes it possible for the consumer to give notice of withdrawal electronically, he shall send a confirmation of receipt without delay after receiving such notice.
- The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
- The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period
- Agreements concluded at a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the possibility to be present in person at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the agreement;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products which spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products due to their nature;
- Alcoholic beverages of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines or journals, with the exception of subscriptions to these;
- The supply of digital content other than on a tangible medium, but only if:
- The execution has started with the express prior consent of the consumer; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
- During the validity period mentioned 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.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- They are the result of statutory regulations or stipulations; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional guarantee
- The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
- By additional guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 13 - Delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in Article 4 of these general conditions, the entrepreneur will accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
- The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
- The consumer can change the agreements mentioned in the previous paragraphs:
- cancellation at all times and not be limited to cancellation at a specific time or during a specific period;
- at least terminate them in the same manner as they were entered into by him;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
- A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a maximum of three months, if the consumer is able to terminate this extended contract towards the end of the extension with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited term for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.
- If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 - Payment
- Insofar not otherwise specified in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period shall start the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
- If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The proprietor can deviate from the amounts and percentages referred to in this article for the benefit of the consumer.
Article 16 - Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time after the consumer has found the defects, complete and clearly described.
- Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- A complaint about a product, a service or the Entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
- If the complaint cannot be solved in joint consultation within a reasonable period or within 3 months after the complaint was submitted, a dispute arises that is open to the dispute settlement procedure.
Article 17 - Disputes
- On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
- Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague(www.sgc.nl) with due observance of the provisions set out below.
- A dispute is considered by the Disputes Committee only if the Consumer has submitted his/her complaint to the Entrepreneur within a reasonable period of time.
- The dispute should be submitted in writing to the Dispute Commission no later than twelve months after the dispute arose.
- When the consumer wishes to submit a dispute to the Dispute Commission, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee(http://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop). The decisions of the Geschillencommissie are made by means of a binding advice.
- The Disputes Committee will not deal with a dispute or will terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute at a session and rendered a final ruling.
- If, in addition to the Geschillencommissie Webshop, another recognised arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Stichting Webshop Keurmerk shall have preferred jurisdiction over disputes concerning mainly the method of distance selling or the provision of services. For all other disputes, the other disputes committee recognised by the SGC or Kifid.
Article 18 - Sector guarantee
- Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the advice has been sent for review to the court. This guarantee revives if the binding opinion is upheld after review by the court and the judgement that shows this has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess amount, Webshop Keurmerk has an obligation to try to ensure that the member complies with the binding opinion.
- For the purposes of this guarantee it is required that consumers lodge a written appeal to Webshop Keurmerk and that they transfer their claim on the company to Stichting Webshop Keurmerk.
Article 19 - Additional or different provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk shall not amend these General Terms and Conditions without consultation with the Consumentenbond.
- Amendments to these Terms and Conditions are effective only after they have been published in the appropriate way, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to consumers will prevail.
Address Stichting Webshop Keurmerk: Weteringschans 108 1017 XS Amsterdam
Article 21. Identity of Optismile
Optismile is a registered trademark and property of Karsten International BV.
Monday to Friday from 09:00 to 17:30
Phone number: (+31) 020-2614883
E-mail address: [email protected]
KVK number: 52915026
VAT identification number: NL 8506.63.416.B01
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