General terms and conditions

General terms and conditions

General Terms and Conditions Brilsz

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 – Costs in case of revocation
  • Article 8 – Exclusion of the right of withdrawal
  • Article 9 – The price
  • Article 10 – Conformity and warranty
  • Article 11 – Delivery and execution
  • Article 12 – Duration transactions: duration, termination and extension
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Disputes
  • Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: calendar day.
  • Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction, such as e-mail.
  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
  • Model form: the withdrawal form made available by the entrepreneur and which the consumer can use to exercise his right of withdrawal.
  • Entrepreneur: the natural person or legal entity that offers products and/or services remotely to consumers via the website, in this case Brilsz, acting as an intermediary.
  • Distance contract: an agreement whereby, within the framework of a system for distance selling organised by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
  • Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same room at the same time.
  • Seller: the third party, whether or not established in the European Union, who offers and sells movable property to the consumer via the entrepreneur's website.
  • Website: Brilsz's platform, accessible via www.brilsz.nl , including all associated subdomains.

Article 2 – Identity of the Entrepreneur

  • Entrepreneur's name: Brilsz
  • Business address: Wilmersdorf 29, 7327 AD Apeldoorn, Netherlands
  • Email address: info@brilsz.nl
  • Chamber of Commerce number: 75635534
  • VAT identification number: [Fill in]

Article 3 – Applicability

  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 concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the contract that the terms and conditions can be viewed at the entrepreneur and will be sent free of charge upon request.
  3. If the agreement is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in a manner that allows storage on a durable data carrier. If this is not possible, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent free of charge upon request.
  4. If specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 apply accordingly. In the event of conflicting conditions, the consumer can invoke the provision that is most favourable to him.
  5. If any provision in these terms and conditions is void or voidable, the remaining provisions shall remain in force. The void provision shall be replaced by mutual agreement by a provision that approximates the original purport as closely as possible.
  6. Situations not covered by these terms and conditions will be assessed in accordance with the spirit of these terms and conditions.
  7. Any ambiguities regarding the interpretation of these terms and conditions will be interpreted in favor of the consumer.

Article 4 – The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer of the entrepreneur is without obligation. The entrepreneur may change or withdraw the offer.
  3. The offer contains a complete and accurate description of the products offered, so that the consumer can properly assess the offer. Images are a true representation of the products, but small color deviations may occur.
  4. Each offer contains clear information about:
    • The total price, including VAT and any shipping costs.
    • Any import VAT or customs charges for deliveries from outside the EU, which are the responsibility of the consumer.
    • The manner in which the agreement is concluded.
    • The right of withdrawal and the conditions under which it applies.
    • The method of payment, delivery and execution of the agreement.
    • The available payment methods (e.g. iDEAL, credit card).
  5. Brilsz offers affordable sunglasses. Please note: these sunglasses are not resistant to water or seawater.

Article 5 – The Agreement

  1. The agreement is concluded at the moment that the consumer accepts the offer and meets the conditions set.
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the consumer can dissolve the agreement.
  3. In the case of electronic agreements, the entrepreneur shall take appropriate technical and organizational measures to secure the data transfer and to guarantee a secure web environment.
  4. The entrepreneur can obtain information within legal frameworks about the consumer's payment capacity and other relevant factors. In case of valid reasons, the entrepreneur can refuse an order or impose special conditions.
  5. Upon delivery of the product, the consumer will receive in writing or on a durable data carrier:
    • The visiting address of the entrepreneur for complaints.
    • Information about the right of withdrawal and the model withdrawal form.
    • Information about warranties and after-sales service.
    • The total price, including VAT and any shipping costs.
    • The method of payment, delivery and execution.
  6. Brilsz acts as an intermediary and is not a party to the sales agreement between the consumer and the seller. The sales agreement is concluded between the consumer and the seller.

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has a 14-day reflection period to dissolve the agreement without giving reasons. This period begins on the day after receipt of the product by the consumer or a representative designated by him.
  2. If multiple products are ordered in one order, the cooling-off period starts on the day of receipt of the last product. In case of delivery in multiple shipments, the cooling-off period starts on the day of receipt of the last shipment.
  3. During the cooling-off period, the consumer may unpack and use the product to the extent necessary to assess whether he wishes to keep it. The product must be returned in its original condition and packaging, in accordance with the instructions of the entrepreneur.
  4. To exercise the right of withdrawal, the consumer reports his decision to the entrepreneur within 14 days after receipt of the product, preferably using the model form. The product must be returned within 14 days of this notification. The consumer proves timely dispatch, for example with a shipping receipt.
  5. If the entrepreneur has not informed the consumer about the right of withdrawal, the cooling-off period will be extended to 12 months after the original cooling-off period. If the information is provided within these 12 months, the cooling-off period will end 14 days after receipt of that information.

Article 7 – Costs in the Event of Revocation

  1. When exercising the right of withdrawal, the costs of return shipping are borne by the consumer.
  2. The entrepreneur will refund the purchase price, including any shipping costs for the outward shipment, as soon as possible, but no later than 14 days after cancellation, provided that the product has been received or proof of shipment has been provided.
  3. Any decrease in value due to careless handling of the product may be charged, provided that the consumer has been informed in advance about the right of withdrawal.

Article 8 – Exclusion of the right of withdrawal

  1. The right of withdrawal is excluded for products:
    • Which are custom made according to consumer specifications.
    • Which are clearly personal in nature.
    • That spoil or age quickly.
    • The price of which depends on fluctuations in the financial market over which the entrepreneur has no influence.
    • Such as loose newspapers and magazines.
    • Such as audio and video recordings and software where the seal has been broken.
    • Such as hygiene products (e.g. underwear, face masks, socks) whose seal has been broken.
  2. Exclusion of the right of withdrawal is clearly stated in the offer, before the agreement is concluded.
  3. Used products can be returned, provided that the use does not go beyond what is necessary to assess the product. In case of depreciation due to excessive use, the entrepreneur can charge costs.

Article 9 – The Price

  1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for changes due to statutory regulations (e.g. VAT rates).
  2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations.
  3. Price increases after 3 months are permitted if agreed and the consumer can cancel the agreement from the day of the price increase.
  4. All prices on the website are inclusive of VAT, unless otherwise stated. Any additional costs, such as shipping or import costs, will be clearly indicated before concluding the agreement.
  5. Prices are subject to printing and typographical errors. In the event of incorrect prices, the entrepreneur is not obliged to deliver at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and the legal requirements of soundness and usability.
  2. Any guarantee provided by the seller, manufacturer or importer does not affect the statutory rights of the consumer.
  3. Defects or incorrectly delivered products must be reported to the entrepreneur in writing within a reasonable period, at least 2 months after discovery. Returns are made in original packaging and in new condition, if possible.
  4. The warranty does not apply if:
    • The consumer has repaired or modified the product himself.
    • The product has been exposed to abnormal conditions or has been handled carelessly.
    • The defectiveness arises from government regulations regarding the nature or quality of materials.

Article 11 – Delivery and Execution

  1. The entrepreneur takes the greatest possible care when receiving and executing orders.
  2. The place of delivery is the address that the consumer has given to the entrepreneur.
  3. Orders will be delivered within 30 days, unless another term has been agreed. In case of delay or impossibility of delivery, the consumer will receive a message within 30 days after ordering and will have the right to terminate the agreement free of charge.
  4. If a product is not available, the entrepreneur will inform the consumer of this. If possible, a comparable product will be offered. The costs of returning a replacement product will be borne by the entrepreneur.
  5. The risk of damage or loss of products lies with the entrepreneur until the moment of delivery, unless otherwise agreed.
  6. When delivering products from sellers outside the EU, import VAT and customs charges may be incurred. These are for the account of the consumer and are clearly stated before the conclusion of the agreement.
  7. In case of multiple orders of the same products, the entrepreneur reserves the right to charge shipping costs for returns, if this happens systematically without serious purchase intention. This will be clearly communicated before the purchase.

Article 12 – Duration transactions: Duration, Termination and Extension

  1. An agreement for an indefinite period for the regular delivery of products or services can be terminated by the consumer at any time with a notice period of up to one month.
  2. A fixed-term agreement for regular delivery can be terminated at the end of the term with a notice period of up to one month.
  3. Agreements are not tacitly extended unless otherwise agreed and the consumer can cancel at any time with a notice period of up to one month.
  4. Trial subscriptions end automatically after the trial period.

Article 13 – Payment

  1. Payment is made immediately upon placing the order via the payment methods offered on the website (e.g. iDEAL, credit card).
  2. The consumer must immediately report any inaccuracies in payment details to the entrepreneur.
  3. In the event of non-payment, the entrepreneur may charge reasonable costs, provided that these have been made known in advance.
  4. The entrepreneur handles payments on behalf of the seller and ensures payment to the seller. The price paid by the consumer may include a fee for the entrepreneur's intermediary service, as stated in the offer.

Article 14 – Complaints procedure

  1. Complaints about the performance of the agreement must be submitted fully and clearly described within a reasonable period after discovery via info@brilsz.nl.
  2. The entrepreneur will handle complaints within 14 days of receipt. In the event of a longer processing time, the consumer will receive a confirmation of receipt and an indication of the handling period.
  3. If a complaint is not resolved by mutual agreement, the consumer can submit his complaint via the European Commission's ODR platform: https://ec.europa.eu/odr .
  4. As a mediator, the entrepreneur forwards complaints about the seller to the seller, but remains the first point of contact for the consumer.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer are exclusively governed by Dutch law.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or made available on a durable data carrier.

Explanation for consumers: At Brilsz we strive for a pleasant shopping experience. Do you have any questions or complaints? Please contact us via info@brilsz.nl. We will be happy to help you. If your complaint is not resolved to your satisfaction, you can use the ODR platform of the European Commission: https://ec.europa.eu/odr .