General Conditions

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General conditions

Bbril B.V.

 

  • Definitions
    • The following terms in these general conditions are used in the meaning indicated below, unless explicitly stated otherwise or indicated differently in the context:
      1. Bbril: the user of these general conditions: Bbril B.V. established at Vennestraat 11 J, Lisse, registered at the Chamber of Commerce under number 66107946;
      2. agreement: the agreement between Bbril and the customer;
      3. customer: the person who places an order from Bbril via the website;
      4. website: the website nlthat is administered by Bbril and where glasses can be ordered.
  • General
    • These general conditions apply to every agreement between Bbril and the customer.
    • Derogations from these general conditions are only valid if they have been explicitly agreed in writing or by e-mail.
    • If specific stipulations derogating from the general conditions have been agreed, the remaining general conditions shall continue to apply. Agreed derogations never apply to more than one agreement.
    • If one or more of the stipulations in these general conditions are nullified or were abolished, the remaining stipulations of these general conditions continue to fully apply. Bbril will replace the nullified or abolished stipulations while taking maximum account of the objective and purpose of the original stipulation(s).
    • If Bbril does not always demand strict observance of these general conditions, this does not mean that its stipulations do not apply, or that Bbril would to any extent waive the right to demand the strict observance of these general conditions.

 

  • Offer
    • The offer of Bbril is noncommittal.
    • Apparent mistakes or errors, such as writing or typing errors on the website, do not commit Bbril.
    • The assortment of glasses offered on the website can be changed.
  • Website
    • Bbril does not guarantee that the website will work without interruptions or that all mistakes will be corrected.
    • Bbril is authorised at all times to make changes to the website.

 

  • Terms of use
    • When using the website, the customer should act in accordance with what is to expected from a responsible and careful internet user.
    • The customer is not allowed to bypass and/or decode the security applications.
    • The customer is not allowed to use the website in such a way that the proper functioning of computer systems of Bbril or third parties is affected and/or other users of the website are bothered or hindered.
  • Account
    • The customer can make an account on the website. The customer needs to fill in and submit the online registration form. When registration to the account has been successful, Bbril will immediately send the customer an e-mail confirming registration.
    • The account is personal and non-transferrable.
    • The customer is always responsible for his account on the website and for login data. The customer must keep his login data to himself and on no account pass this on to third parties. Bbril cannot be held liable for unauthorised third party use of the customer’s login data. If the customer establishes that an unauthorised third party is using his account, then the customer must inform Bbril of this as soon as possible.
  • Prices
    • The prices mentioned on the website include VAT and shipping costs.
    • Bbril has the right to adapt its prices from time to time.

 

  • Realisation of the agreement
    • The agreement is realised when the customer has successfully gone through the whole ordering process via the website.
    • The agreement cannot be realised via the website until the customer has clicked that he agrees with these general conditions during the ordering process.
    • When the agreement has been realised, Bbril will immediately send the customer confirmation via e-mail. This confirmation e-mail includes the order number and other details of the order. If the customer has not received a confirmation e-mail from Bbril or if the confirmation e-mail does not correctly represent the order, then the customer must contact Bbril as soon as possible.

 

  • Ordering prescription glasses
    • When ordering prescription glasses, the customer must make sure he correctly completes the desired strength of the glasses. If the prescription glasses are produced and delivered on the basis of incorrect information provided by the customer, this is entirely at the customer’s risk and this does not give the customer the right to terminate the agreement and/or return or exchange the prescription glasses. See also Article 13
  • Payment
    • Payment options are mentioned on the website.
    • Bbril has taken suitable measures to enable secure electronic payment via the website.

 

  • Delivery
    • Bbril will receive and carry out orders with the greatest care.
    • The order is delivered at the address given by the customer.
    • All delivery periods mentioned by Bbril have been determined to the best of its knowledge and will be taken into account as much as possible.
    • If Bbril cannot deliver the order within 30 days after realisation of the agreement, Bbril will inform the customer via e-mail and the customer will have the right to terminate the agreement without any obligation, unless a longer delivery period has been agreed with the customer. If the customer terminates the agreement, then Bbril will return the amounts paid within 14 days after termination.

 

  • Right of revocation for non-prescription glasses
    • If the customer orders non-prescription glasses, then the right of revocation as described in this article shall apply.
    • The customer has the right to terminate the agreement within a period of 14 calendar days without giving a reason. This period begins the moment the customer has received the order from Bbril. The customer is informed of the right of revocation via the delivery e-mail or in writing during delivery of the ordered non-prescription glasses.
    • During the revocation period as described in Article 12.1, the customer must treat the non-prescription glasses and packaging with care. The customer must only unpack the non-prescription glasses to the extent that this is possible in order to be able to judge whether he wants to keep the non-prescription glasses.
    • If the customer wants to use his right of revocation, he must explicitly state this to Bbril within 14 days after receipt of the non-prescription glasses. The customer will be provided with the “Model revocation form” which can used if he wants to terminate the agreement.
    • After the customer has appealed to his right of revocation, the customer needs to return the non-prescription glasses to Bbril within 14 days, provided that they are undamaged and unchanged and, if possible in all fairness, in the original packaging.
    • The customer can also, without informing Bbril in advance that he is appealing to his right of revocation, return the non-prescription glasses to Bbril within the revocation period as described in Article 12.1. In this case, the customer must enclose the “Model revocation form” or another unambiguous declaration indicating that the customer is appealing to his right of revocation with the return shipment.
    • If the customer informs Bbril electronically that he wishes to appeal to his right of revocation, then Bbril will send the customer a confirmation of receipt after receiving this message.
    • If the returned non-prescription glasses are damaged or show signs of use, this damage will be deducted from the amount Bbril reimburses the customer in accordance with Article 12.11.
    • If the customer terminates the agreement in accordance with this article, then the shipping costs related to returning the non-prescription glasses shall be at the customer’s expense.
    • The customer bears the risk of the return shipment.
    • In the event of termination as described in this article within 14 days after the customer appealed to his right of revocation, Bbril will refund the purchase price of the non-prescription glasses.
    • The customer will be sent a document titled “Information on the exercise of the right of revocation” that explains right of revocation procedures.
  • Exception to the right of revocation
    • The right of revocation as described in Article 12 explicitly does not apply in case of delivery of glasses made according customer specifications that are not prefabricated and are made on the basis of an individual choice or decision of the customer. This concerns all prescription glasses.
    • In the offer the customer is explicitly informed of the exception to the right of revocation.
  • Conformity
    • Bbril is responsible for the fact that the supplied glasses meet the agreement and the offer specifications, reasonable requirements concerning robustness and/or usability and the statutory provisions and/or government regulations that apply on the date of realisation of the agreement.
  • Liability
    • Bbril cannot be held liable for compensating any damage that is a direct or indirect consequence of:
      1. An event that is in fact beyond its powers and can therefore not be attributed to Bbril, as described in, among others, Article 16;
      2. Any act or negligence caused by the customer, his subordinates or other people employed by or on behalf of the customer.
    • Bbril is not liable for any damage caused by temporary unavailability of the ordering options or unavailability or removal of its website for maintenance or other purposes.
    • The colours that can be seen on the customer’s screen may differ from the actual colours of the glasses. Bbril is not liable for such colour differences.
    • The customer is responsible for the correctness and completeness of the data he has provided under all circumstances. Bbril is never liable for any damage (partly) caused by the fact that the customer’s provided data is incorrect and/or incomplete.
    • Bbril is not liable for corruption or loss of data as a result of sending the data using telecommunication facilities.
    • If Bbril would be liable for any damage, its liability is limited to the amount paid by the insurer. If the insurer does not proceed to pay in a specific case or the damage is not covered by insurance, then Bbril’s liability is limited, provided that it is not in breach of any mandatory legal provisions, up to the purchase price the customer paid Bbril for the glasses.
  • Force majeure
    • Bbril is not obliged to meet one or more obligations under the agreement or to pay damages if there is a case of force majeure. Force majeure means, among others, what is understood in this context by the law and jurisprudence, any external causes, whether or not foreseen, Bbril cannot exert an influence on, but because of which Bbril is incapable of meeting its obligations. At least the following is understood under force majeure: weather influences, theft, power or internet interruptions, virus infection or computer data espionage caused by third parties, floods, landslides, natural disasters, terrorism, third party impediments, including that of authorities, obstruction in transport, strikes, revolts, war or war risks, export and import bans, fire, interruptions and accidents in Bbril’s company or that of its supplier or government measures.
    • Force majeure also includes a non-attributable shortcoming of Bbril’s supplier.
    • If Bbril knows or presumes that it cannot (partially) deliver due to force majeure, then Bbril must inform the customer of this as soon as possible.

 

  • Customer service
    • For questions about the order or to file a complaint, the customer can contact Bbril’s customer service. Bbril’s customer service is available:
      1. via the e-mail address hello@bbril.nl
      2. via the phone number 0252-252002
    • In case of a question and/or complaint submitted via e-mail that cannot be answered immediately, the customer will be sent a confirmation of receipt that includes within which period the customer can expect a reply.
    • Complaints submitted to Bbril are answered within 14 days from the date of receipt. If a complaint requires a longer processing time, Bbril will respond within 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed reply.

 

  • Privacy
    • Bbril processes personal data in accordance with the Personal Data Protection Act.

 

  • Applicable law and authorised court
    • Dutch law applies to the agreement between Bbril and the customer.
    • Any disputes regarding the agreements between the customer and Bbril are brought before the authorised court in the district Bbril is situated. The customer has one month to choose the competent court after Bbril has evoked this condition in writing against the customer.

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