Find out more about our terms and conditions. On this page, you can read all about Optismile's terms and conditions.
Article 1. Definitions
- Customer means any visitor to the web site or any natural person who uses the Optismile web shop to enter into an agreement with Optismile.
- Products include all Optismile articles, which Optismile has included in the sales range of its web shop.
Article 2. Applicability
- On all offers, orders, agreements and deliveries of Optismile, to the exclusion of any other terms and conditions, these General Conditions of Sale (hereinafter: Conditions) apply. These Conditions are also available on the Internet, see: https://Optismile.eu/algemene-voorwaarden/.
- These Conditions apply to any contact between Optismile and customer, regardless of what means of communication is used.
- Accepting an offer or placing an order means that the Customer accepts the applicability of these Conditions.
- Deviation from the provisions of these Conditions is only possible if Optismile has expressly agreed in writing, in which case the other provisions remain in full force.
- If Customer also refers to his general conditions, these conditions are not applicable unless Optismile has expressly agreed in writing.
- All rights and claims, as stipulated in these conditions and in any further agreements for Optismile, are also stipulated for intermediaries and other third parties engaged by Optismile.
- As far as these conditions are drawn up in a language other than Dutch, the Dutch text will be decisive in the event of differences.
Article 3. Offers/Agreements
- All offers of Optismile are without obligation and Optismile reserves, subject to the provisions of article 3.2, expressly the right to change prices, in particular if under (legal) regulations is necessary.
- An agreement is only established after acceptance of the customer's order by Optismile. Optismile is entitled to refuse orders or certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Optismile shall inform the client within ten (10) working days after receipt of the order.
Article 4. Prices and payments
- The prices listed for the products are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
- If the prices of the products increase in the period between the order and its implementation, customer is entitled to cancel the order or terminate the contract within ten (10) days after notice of the increase by Optismile.
- In some cases there are action prices. Action prices are only valid for a certain period as long as stocks last.
- The shipping and handling charges for orders up to € 20.00 (including VAT) for delivery within the Netherlands are 2.99. Orders from € 20.00 with a destination within the Netherlands will be delivered for free.
Article 5. Delivery
- Orders will be delivered as soon as possible. Optismile strives to deliver orders within 48 hours (except weekends). The stock indication on the website is indicative only and shall not be considered as a deadline.
- Deliveries are only made in the Netherlands, Belgium, France and Germany. At the moment, we are unfortunately unable to deliver any orders with a different destination.
- If the delivery is delayed due to (temporary) lack of stock, or for other reasons, or if an order cannot or can only be partially carried out, the customer will be informed as soon as possible but no later than thirty (30) days after he has placed the order. In that case, customer has the right to cancel the order without any costs.
- Deliveries will be made to the address specified by the customer in his order unless otherwise expressly agreed in writing afterwards.
- As soon as the products to be delivered have been delivered to the indicated delivery address, the risk regarding these products is transferred to customer.
Article 6. Retention of title
- The ownership of delivered products, notwithstanding the actual delivery, is transferred to customer only when customer has fulfilled all obligations under any agreement with Optismile. This includes payment of interest and costs, including those of earlier or later deliveries.
- Customer is not allowed to encumber, sell, resell or otherwise encumber the Products before the ownership has been transferred.
Article 7. Cooling-off period and right of withdrawal
- Customer is obliged to check the shipment immediately upon receipt and verify whether the delivered products comply with the purchase agreement. In the unlikely event that products do not comply, the customer must report this within seven (7) working days of delivery.
- For transactions with consumer buyers, which have been established through a webshop, the customer has the right without penalty and without giving any reason to exercise a right of withdrawal within seven working days after delivery of the product in question. On the site of Optismile.eu under FAQ's is described how this right should be exercised.
- If the customer has exercised his right of withdrawal as mentioned in 6.2., Optismile will ensure that any prepaid purchase price minus a contribution to the shipping costs will be refunded to the customer within thirty (30) days after the withdrawal.
Article 8. Warranty
- The warranty on the products is equal to the warranty offered by the manufacturer.
- Guarantee claims can be made by sending an e-mail to email@example.com, stating the customer number, invoice number and a description of the problem. Or you can call (+31) 020-2614883 and the above details are at your fingertips.
- The invoice is proof of the guarantee.
- The warranty does not apply if the damage is caused by injudicious use of the product.
Article 9. Communication
- For misunderstandings, delays or improper transmission of orders and messages resulting from the use of Internet or other communication between customer and Optismile, or between Optismile and third parties, as it relates to the relationship between customer and Optismile, Optismile is not liable, unless and to the extent there may be intent or gross negligence of Optismile.
Article 10. Force Majeure
- In case of force majeure Optismile has, notwithstanding its other rights, the right, at its own discretion, to suspend the execution of the order of the customer or to dissolve the agreement without judicial intervention, by notifying the customer in writing and without Optismile being liable for any compensation, unless this in the circumstances would be unacceptable to standards of reasonableness and fairness.
- Force majeure is understood to be any circumstance beyond Optismile's control, as a result of which the fulfilment of its obligations towards the customer is prevented in whole or in part.
- If the agreement has already been partially executed by Optismile, Customer shall pay the sales price of the delivered Products.
Article 11. Intellectual and industrial property rights
- Customer must fully and unconditionally respect all intellectual and industrial property rights of Optismile.
- Customer is not allowed to copy, partially or completely modify the delivered Products or to provide them with a different brand name or packaging, or to use the relevant brand in a different way or to register it in his own name.
- Optismile does not guarantee that the products delivered to Customer do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 12. Privacy Statement
- Optismile shall process the Customer's personal data only in accordance with its privacy statement that forms an integral part of these conditions.
Article 13. Applicable law and competent court
- On all rights, obligations, offers, orders, agreements and deliveries to which these Conditions are applicable, as well as on these Conditions, only Dutch law is applicable.
- All disputes between parties shall be submitted to the competent court in the Netherlands.
Article 14. 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: firstname.lastname@example.org
KVK number: 52915026
VAT identification number: NL 8506.63.416.B01
Hi, can we help you with something? You can send us a message via (web)-whatsapp. Rather speak to someone by phone? We are available on working days between 09:00 and 17:30 on +31 20 2614883.