Terms and Conditions

CONTENTS

ARTICLE 1 – Definitions 1
ARTICLE 2 – Identity of the entrepreneur 2
ARTICLE 3 – Applicability 2
ARTICLE 4 – The offer 3
ARTICLE 5 – The agreement 4
ARTICLE 6 – Right of withdrawal 4
ARTICLE 7 – Costs in case of withdrawal 5
ARTICLE 8 – Exclusion of the right of withdrawal 5
ARTICLE 9 – The price 5
ARTICLE 10 – Conformity and Warranty 6
ARTICLE 11 – Delivery and performance 6
ARTICLE 12 – Duration Transactions 7
ARTICLE 13 – Payment 7
ARTICLE 14 – Complaints procedure 7

ARTICLE 1 – Definitions

In these terms and conditions:

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

ARTICLE 2 – Identity of the entrepreneur

www.ayoonz.com
musical 17
1507 TS, Zaandam (No visiting address)
Email address: info@ayoonz.com
Chamber of Commerce number: 84935480

ARTICLE 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

ARTICLE 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
  4. Although the color lenses have been photographed as accurately as possible, they can still take on a different glow depending on your own eye color. The photos are made of models with dark brown eyes.

ARTICLE 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform himself 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal,
      or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about existing after-sales service and warranties;
    4. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  6. 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;
  7. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
  8. if the consumer has a right of withdrawal, the model form for withdrawal.
  9. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 – Right of withdrawal

By products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. A condition is that the products are unopened , in connection with hygiene. The consumer must inform the entrepreneur of the item to be returned.
  2. During this period, the consumer will handle the product and the packaging with care. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same 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 several products with different delivery times.
    2. 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, has received the last shipment or the last part;
    3. in the case of agreements 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 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.

ARTICLE 8 – Exclusion right of withdrawal

  1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the entrepreneur in accordance with the consumer's specifications;
  4. that are clearly personal in nature;
  5. which cannot be returned due to their nature;

ARTICLE 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in 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 or provisions.
  3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of legal regulations or provisions; or
    2. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
    3. The prices stated in the offer of products or services include VAT.

ARTICLE 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
  2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or or the distance contract.
  3. In the event of defects, the entrepreneur will reimburse the product if they occur within two months of the date of receipt of this product by the consumer.

ARTICLE 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 12 – Duration transactions: duration, cancellation and renewal

  1. The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be a maximum of one month.

ARTICLE 13 – Payment

  1. Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.