general terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY FOR CONSUMERS WINK & SEE
1. DEFINITIONS
1.1 In these General Terms and Conditions, the following terms shall have the meanings set out below:
General Terms and Conditions: these general terms and conditions of sale and delivery of Wink & See.
General Data Protection Regulation: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Cooling-off Period: the period of fourteen (14) calendar days starting from the receipt of the Product(s) by the Consumer, within which the Consumer may exercise his/her Right of Withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an Agreement with Wink & See.
Right of Withdrawal: the option for the Consumer to withdraw from the Distance Agreement within the Cooling-off Period.
Products: all products to be delivered by Wink & See to the Consumer under the Agreement.
Wink & See: the brand and trade name under which Wink & See B.V., as seller, offers the Products to Consumers remotely via the Website, whose identity is stated in Article 2 of these General Terms and Conditions.
Agreement: a distance contract whereby, within the framework of a system organized by Wink & See for the distance sale of Products, exclusively one or more techniques for distance communication are used up to and including the conclusion of the Agreement.
Website: the website www.winkandsee.com, where the Consumer can electronically order Products from Wink & See.
2. IDENTITY OF WINK & SEE
2.1 Wink & See B.V., also trading under the name Wink & See, established in ’s-Hertogenbosch, the Netherlands, being the user of these General Terms and Conditions.
Address: Rietveldenweg 47 F, 5222AP ’s-Hertogenbosch
Telephone number: +31 884263963
Email address: info@winkandsee.com
Chamber of Commerce number: 96116323
VAT number: NL867475924B01
3. APPLICCABILITY
3.1 These General Terms and Conditions apply to every offer from Wink & See, every order from the Consumer, and every Agreement concluded between Wink & See and the Consumer.
3.2 Before or at the latest at the conclusion of the Agreement, the text of these General Terms and Conditions will be made available to the Consumer.
3.3 If the Agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the Consumer 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, before the Agreement is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the Consumer.
3.4 The Consumer must accept the General Terms and Conditions before concluding the Agreement; without such acceptance, no Agreement will be concluded. Placing an order via the Webshop and checking the box stating: “I have read and agree to the website’s general terms and conditions” constitutes acceptance of the General Terms and Conditions.
4. OFFERS
4.1 All offers from Wink & See are non-binding unless expressly stated otherwise, and may be revoked by Wink & See. Wink & See expressly reserves the right to change prices if a change in the VAT rate gives cause to do so. If a price changes after the Agreement has been concluded, the Consumer has the right to terminate the Agreement and cancel the order within ten (10) calendar days after notification of the change in the offer from Wink & See.
4.2 Offers do not automatically apply to repeat orders, and Wink & See reserves the right to change offer prices.
4.3 The validity of all offers is: while stocks last or the validity period stated on the Website. After the validity period of an offer has expired, the offer lapses by operation of law and the Consumer can no longer make use of it.
4.4 The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow the Consumer to properly assess the offer. If Wink & See uses images, these are a truthful representation of the Products offered. Obvious mistakes or errors in the offer do not bind Wink & See.
5. ORDERS
5.1 The Consumer can place orders in the ways described on the Website.
5.2 The Consumer is responsible for correctly and completely entering the details required for the order, particularly in cases where Products are delivered according to the Consumer’s specifications. Wink & See is neither responsible nor liable in the event of an incorrect order.
5.3 Wink & See manufactures and supplies products in accordance with the specifications provided by the Consumer and confirmed by the Consumer (upon ordering).
5.4 Any checks performed by Wink & See (such as a completeness check or a check for conspicuous entries) are a service and do not constitute a substantive verification of the values provided; responsibility for the values provided remains with the Consumer.
5.5 If it appears that the Consumer has provided incorrect/incomplete information, but the product has been manufactured in accordance with the specifications confirmed by the Consumer, this shall be at the Consumer’s expense and risk.
5.6 Changes may be submitted free of charge as long as production has not yet started (or as long as the order has not been marked as “in production”).
5.7 Once production has started, the Consumer may (where technically possible) request a new production run/re-manufacture for an additional charge (production/material/shipping costs) in accordance with the rates applicable at that time.
5.8 Within the boundaries of the law, Wink & See may check whether the Consumer can meet his/her payment obligations, as well as all facts and factors that are important for the responsible conclusion of the Agreement. If Wink & See has good reason based on this investigation not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
6. CONCLUSION OF THE AGREEMENT
6.1 Subject to the provisions of Article 5, the Agreement is concluded at the moment the Consumer places an order with Wink & See via the ‘order button’ based on the offer from Wink & See, thereby accepting the offer.
6.2 Before the Consumer can proceed to payment, an overview of the selected Products will be shown.
6.3 Wink & See will confirm receipt of the order electronically (by email). As long as this confirmation has not been received by the Consumer, the Consumer may dissolve the Agreement.
6.4 Wink & See will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer can pay electronically, Wink & See will take appropriate security measures.
7. PRICES, PAYMENTS AND SHIPPING COSTS
7.1 The prices stated on the Website are in Euros, including VAT and excluding shipping costs, unless otherwise stated or agreed in writing.
7.2 A contribution towards shipping costs will be stated separately before the order is placed. This contribution may depend on the order size, delivery location, and chosen shipping method.
7.3 After an order is placed, the Consumer will immediately receive confirmation by email stating the total costs, including shipping costs.
7.4 The Consumer can pay for the ordered Products prior to delivery using iDEAL, PayPal, Apple Pay, credit card, or Billink. The Consumer also has the option to pay 50% of the purchase price in advance and 50% upon delivery (cash on delivery), subject to additional costs.
7.5 In the case of payment by credit card, Wink & See reserves the right to check the validity of the card, the available spending limit, and/or the accuracy of the Consumer’s address details. Wink & See reserves the right to refuse credit card purchases.
7.6 The Consumer must promptly notify Wink & See of any inaccuracies in the payment details provided.
7.7 Wink & See will not deliver the Product until payment, or 50% of the purchase price in the case of cash on delivery, has been received.
7.8 If the Consumer fails to meet his/her payment obligations on time, and after being reminded by Wink & See of the late payment and granted a 14-day period to comply, fails to pay within that period, the Consumer will owe statutory interest on the outstanding amount and Wink & See will be entitled to charge extrajudicial collection costs. These costs will amount to a maximum of: 15% of amounts due up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. Wink & See may deviate from these amounts and percentages in favour of the Consumer.
8. DELIVERY AND RISK
8.1 Wink & See exercises the utmost care when dispatching the ordered Products.
8.2 Wink & See ships accepted and paid orders as quickly as possible.
8.3 The order will be delivered to the address provided by the Consumer. Wink & See aims to dispatch orders on business days within five (5) business days after the order has been accepted. For certain Products, a different delivery period may apply, which will be indicated during the ordering process. The stated delivery times are guidelines and not strict deadlines. Wink & See is not liable if delivery times are exceeded.
8.4 If delivery is delayed, or if an accepted and paid order cannot be delivered in whole or in part within thirty (30) calendar days after the order was placed, the Consumer has the right to terminate the Agreement free of charge. In case of termination, Wink & See will refund the amount received as soon as possible and no later than two weeks after written termination. The Consumer is obliged to accept the purchased Products when they are made available by Wink & See.
8.5 The risk of damage to and/or loss of the Products remains with Wink & See until the moment of delivery to the Consumer at the address provided, unless expressly agreed otherwise.
8.6 The Consumer is obliged to take delivery of the Products at the agreed place(s) at the time Wink & See delivers or has them delivered, or at the time they are otherwise made available in accordance with the Agreement. If the Consumer fails to do so, the resulting costs, including the shipping costs mentioned in Articles 7.1 and 7.2, will be borne by the Consumer.
8.7 If the Consumer refuses or is negligent in providing information or instructions necessary for delivery, the Products intended for delivery will be stored at the Consumer’s expense and risk.
8.8 If the Consumer has provided an incorrect delivery address, Wink & See has the right to charge the Consumer extra shipping costs if and insofar as the incorrect address results in additional costs for Wink & See.
8.9 Wink & See strives to keep the Website as up to date as possible. If a Product is unexpectedly no longer available, Wink & See will contact the Consumer within 30 days of placing the order. The Consumer then has the right to terminate the Agreement free of charge or to choose another Product.
9. RIGHT OF WITHDRAWAL
9.1 The Consumer has the right to terminate the Agreement without giving reasons within fourteen (14) calendar days from the day of receipt of the Product, or the last Product if multiple Products are ordered in the same order. Further information on returning Products, including instructions and conditions, is available on the Website under “returns.”
9.2 The right of withdrawal applies only to Products not made to specification, such as frames and standard lenses, and shipping costs. For glasses with custom-cut lenses (such as prescription lenses, multifocal lenses, or other specific corrections), the right of withdrawal does not apply, as they are manufactured according to the Consumer’s specifications and are therefore not suitable for reuse.
9.3 During the Cooling-off Period, the Consumer shall handle the Product(s) and packaging with care. The Consumer shall only unpack or use the Product to the extent necessary to determine whether he/she wishes to keep it. The guiding principle is that the Consumer may only handle and inspect the Product(s) as they would in a physical store. The Consumer is liable for any reduction in value of the Product resulting from handling it beyond what is permitted.
9.4 If the Consumer wishes to exercise the Right of Withdrawal, he/she must notify Wink & See of his/her name, the name of the Product, the number of Products, the order number, and the fact that the Right of Withdrawal is being exercised, using the model withdrawal form at the end of these General Terms and Conditions/on the Website, the Wink & See return form, or by another unequivocal means, such as by email, letter, or telephone (as stated in Article 2). Wink & See will confirm receipt of the return notification to the Consumer as soon as possible.
9.5 As soon as possible, but no later than 14 days after the day following the notification referred to in Article 9.4, the Consumer must return the Product to Wink & See. The obligation is fulfilled if the Product(s) have been returned within this period. When exercising the Right of Withdrawal, the Consumer must return the Product with all supplied accessories and in its original condition and packaging to the address of Wink & See. The risk and burden of proof for the timely and correct exercise of the Right of Withdrawal rests with the Consumer.
9.6 The Consumer shall bear the costs of returning the Product(s).
9.7 Returned Products must be in a condition consistent with normal fitting as done in-store or at an optician. Products must be complete and, where reasonably possible, returned in their original condition and with supplied accessories, such as the glasses case, cleaning cloth, and packaging. If a Product is damaged, used, altered, or otherwise diminished in quality, Wink & See reserves the right to deduct the depreciation in value of the Products (up to 100%) from the purchase amount to be refunded.
9.8 Wink & See will refund the purchase price and the charged shipping costs — subject to Article 9.7 — within fourteen (14) calendar days after the Consumer has registered the return with Wink & See. Wink & See will not refund the purchase price until the Products have been received by Wink & See, or until the Consumer provides proof that they have been returned.
9.9 If the Consumer has chosen a more expensive delivery method than the standard delivery, Wink & See is not obliged to refund the additional costs for the more expensive method. Refunds will be made using the same payment method used by the Consumer.
10. COMPLAINTS
10.1 Wink & See has a complaints procedure as stated on the Website and handles Consumer complaints in accordance with this procedure.
10.2 Wink & See is obliged to deliver Products that comply with the Agreement.
10.3 All orders are insured by Wink & See. If the Consumer observes damage to the packaging containing the ordered Product before opening it, the Consumer must contact Wink & See immediately. If the Consumer discovers damage after opening the packaging, this must be indicated when returning the Product.
10.4 If the Product(s) do not comply with the Agreement, the Consumer must notify Wink & See as soon as possible and in any case within two months after delivery to the Consumer, or from the moment the defect could reasonably have been detected, in writing and with reasons.
10.5 Minor deviations in quality, colour, size, weight, finish, design, etc., that are considered acceptable in trade or technically unavoidable, do not constitute grounds for complaints.
10.6 If it has been demonstrated that the Products do not comply with the Agreement, the Consumer may choose to have the Products repaired or replaced by Wink & See, unless this is impossible or unreasonable for Wink & See. In such cases, the Consumer has the right to terminate the Agreement, whereupon Wink & See will refund the invoice value after the Products have been returned.
11. RETENTION OF TITLE
11.1 Wink & See remains the full owner of the delivered Product(s) until the purchase price has been paid in full.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Intellectual Property Rights to the (designs of the) Products, as well as to the texts, images, design, databases, photographs and other (static or moving) visual material, formats, software, brands, domain names, and other materials arising from the Website, belong to Wink & See B.V., its licensors, the manufacturers of the relevant Products, and/or third parties not affiliated with Wink & See.
12.2 The Consumer is not permitted to disclose and/or reproduce (parts of) the Website in any manner whatsoever. The Consumer may not make changes to the delivered Products unless such changes follow from the nature of the delivered item or are otherwise agreed in writing. The Consumer may only place a hyperlink to the Website if this is done for purely informational purposes for Consumers. The placement of a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.
13. MISCELLANEOUS
13.1 Any deviations from these General Terms and Conditions can only be agreed in writing between Wink & See and the Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements.
13.2 Wink & See is entitled to transfer the rights and obligations under the Agreement with the Consumer to a third party by simple notification to the Consumer.
13.3 If one or more provisions of these General Terms and Conditions or any other Agreement with Wink & See are in conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new, legally permissible provision determined by Wink & See.
13.4 Wink & See is responsible for its own compliance with applicable data protection laws and regulations, including the General Data Protection Regulation. Information about the processing of personal data by Wink & See can be found in Wink & See’s privacy and cookie statement.
14. APPLICABLE LAW AND COMPETENT COURT
14.1 These General Terms and Conditions and any Agreements/disputes arising from them are exclusively governed by Dutch law, even if an Agreement is performed wholly or partly abroad or if the Consumer resides there. In such cases, the Consumer is also entitled to the protection of mandatory provisions of the law of the country in which he/she resides. If the Consumer is entitled to the protection of the law of the country of residence and there is a conflict between a mandatory provision of that law and Dutch law, the mandatory provision prevails.
14.2 All disputes relating to an Agreement or the performance of an Agreement between the Consumer and Wink & See that cannot be resolved by mutual agreement will be submitted to the competent court in the jurisdiction where the Consumer resides.