Terms and conditions

This page explains Sightful’s general terms and conditions which apply to you, as the consumer, when you enter into a contract with us. The Sightful terms and conditions consist of two parts:

1. Terms and conditions as specified by the Dutch Thuiswinkel digital commerce network;
2. Additional Sightful product terms

 

1. Thuiswinkel terms and conditions

Table of contents:

Article 1 – Definitions

Article 2 – Trader’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – The consumer’s obligations during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and the costs involved

Article 9 – The trader’s obligations in the case of withdrawal

Article 10 – Preclusion of the right of withdrawal

Article 11 – Pricing

Article 12 – Compliance and extended warranties

Article 13 – Supply and implementation

Article 14 – Extended transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Supplementary or exceptional provisions

 

Article 1 – Definitions

Within these terms and conditions, the following definitions apply:

1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance selling contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the trader;
2. Withdrawal period: the period within which consumers can exercise their right of withdrawal;
3. Consumer: any natural person who is acting for purposes which are outside his or her trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data which is produced and supplied in digital form;
6. Continuing performance contract: a contract which covers the regular supply of goods, services and/or digital content during a specified period;
7. Durable media: every means – including e-mail – which enables a consumer or trader to store information personally addressed to him or her in a way that facilitates its future use or consultation during a period which is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to terminate a distance selling contract within the cooling-off period;
9. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance selling contract: a contract concluded between the trader and the consumer as part of an organised scheme for the distance selling of products, digital content and/or services, whereby sole or partial use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
11. Model form for right of withdrawal: the European model form for right of withdrawal which is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his or her order;
12. Technology for distance communication: means that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time.

 

Article 2 – Trader’s identity

Vision Ventures B.V.
Trading as: Sightful
Registered business address: The Base, Tower C, 6th Floor, Evert van de Beekstraat 1-80. 1118 CL Schiphol

Chamber of Commerce number: 73777749
VAT number: NL859660850B01

Telephone number: 085 2250 208 Monday to Friday from 10 a.m. to 5 p.m.
Email address: info@sightful.nl

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the trader and to every distance selling contract concluded between the trader and the consumer.
2. Prior to the conclusion of a distance selling contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, then the trader will indicate how the general terms and conditions can be viewed at the trader’s premises or sent to the consumer on request free of charge as soon as possible and prior to the conclusion of a distance selling contract.
3. If the distance selling contract is concluded electronically, contrary to the previous paragraph and prior to the conclusion of the distance selling contract, the text of these general terms and conditions may be made available to the consumer electronically so that the consumer can easily store them via durable media. If this is not reasonably possible, then before concluding the distance selling contract, the trader will indicate where the general terms and conditions can be inspected electronically and that on request a copy will be sent to the consumer free of charge, either electronically or in some other way.
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 the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.

 

Article 4 – The offer

1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products, services and/or digital content being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer.

 

Article 5 – The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. The consumer can terminate the contract as long as the trader has not confirmed receipt of this acceptance,.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will put appropriate security measures in place.
4. The trader can obtain information – within the law – about whether the consumer can meet his or her payment obligations, as well as about all other facts and factors which are important for a sound conclusion of the distance selling contract. If this investigation gives the trader proper grounds for declining to conclude the contract, he is entitled to refuse an order or request, or to attach special conditions to its fulfilment.
5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it via accessible durable media:
6. the office address of the trader’s business location where the consumer can lodge complaints;
7. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
8. information about warranties and existing after-sales service;
9. the price, including all taxes on the product, service or digital content; the costs of delivery where applicable, and the method of payment, delivery or implementing the distance selling contract;
10. the requirements for terminating the contract, if the contract duration exceeds one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model form for right of withdrawal.

 

6. In the case of an extended duration contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of withdrawal

Upon delivery of products:

1. The consumer can terminate a contract for the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader is allowed to ask the consumer about the reason for withdrawal, but the consumer is not obliged to disclose the reason (s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the product was received by the consumer, or by a third party designated by the consumer in advance, who is not the carrier, or:
3. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part;
5. with contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, received the first product.

Upon receipt of services and digital content which are not supplied via a tangible medium:

3. The consumer can terminate a service contract and a contract for the delivery of digital content which has not been supplied via a tangible medium during a cooling-off period of at least 14 days without giving reasons. The trader is allowed to ask the consumer about the reason for withdrawal, but the consumer is not obliged to disclose the reason (s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content which has not been supplied via a tangible medium if the consumer was not informed about the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 – The consumer’s obligations during the cooling-off period

1. During the cooling-off period, the consumer will treat the product and its packaging with care. The consumer will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product in the same way that would be allowed in a shop.
2. The consumer is only liable for product devaluation which is the result of handling the product other than as permitted in paragraph 1.
3. The consumer is not liable for product devaluation if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

 

Article 8 – Exercise of the right of withdrawal by the consumer and the costs involved

1. If the consumer makes use of his or her right of withdrawal, he must report this to the trader within the withdrawal period by means of the model form for withdrawal or in some other unequivocal way.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer must return the product with all accessories supplied, if reasonably possible in its original condition and with the original packaging, and in accordance with reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer must bear these costs or if the trader indicates a willingness to bear the costs, then the consumer will not be liable to bear the cost of returning the goods.
6. If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the cooling-off period, the consumer shall owe the trader a sum of money equivalent to that proportion of the contract that the trader has fulfilled up to the moment of withdrawal, as compared to fulfilling the contract entirely.
7. The consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
8. the trader did not provide the consumer with the legally required information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for withdrawal, or;
9. the consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the cooling-off period.
10. The consumer shall bear no costs for the full or partial supply of digital content which is not supplied via a tangible medium if:
11. prior to delivery, he did not explicitly agree to commence fulfilment of the contract before the end of the cooling-off period;
12. the consumer did not acknowledge having lost the consumer right of withdrawal upon granting his or her permission; or
13. the trader failed to get confirmation of this statement from the consumer.
14. If the consumer exercises his or her right of withdrawal, all supplementary contracts are legally dissolved.

 

Article 9 – The trader’s obligations in the case of withdrawal

1. If the trader makes it possible for the consumer to declare his withdrawal electronically, then on receipt of such notification he will send an immediate confirmation of receipt.
2. The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days after the day on which the consumer notified the withdrawal. Except in cases where the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs first.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to a different method. The reimbursement is free of charge to the consumer.
4. If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 10 – Preclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time prior to the conclusion of the contract:

1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the cooling-off period;
2. Contracts concluded during a public auction. A public auction means a sales method in which the trader offers products, digital content and/or services to the consumer, under the direction of an auctioneer, who is present in person or who was given opportunity to be present in person at the auction, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:
4. implementation began with the express prior agreement of the consumer; and
5. the consumer declared having lost his or her right of withdrawal as soon as the trader had completed the contract in full;

 

4. Package travel as referred to in Article 7: 500 BW (Dutch Civil Code) and passenger transport contracts;
5. Service contracts for the provision of accommodation, if the contract stipulates a specific date or period of execution and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract stipulates a specific date or period of execution;
7. Products manufactured according to the consumer's specifications, which were not prefabricated and were made in accordance with the consumer’s specific choice or decision, or which are clearly intended for a specific person;
8. Products which spoil quickly or have a limited shelf-life;
9. Sealed products that, for reasons relating to health and hygiene good practice, are not suitable for return and whose seal has been broken after delivery;
10. Products that, due to their nature, have been irretrievably mixed with other products after delivery;
11. Alcoholic beverages whose price was agreed at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no control;
12. Sealed audio/video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions;
14. The delivery of digital content other than via a tangible medium, but only if:
15. the delivery began with the express prior agreement of the consumer; and
16. the consumer declared that this implied losing his or her right of withdrawal.

 

Article 11 – Pricing

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 due to alterations in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no control. The offer must refer to this link with fluctuations and the fact that any prices mentioned are only guide prices.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases more than 3 months after the contract was concluded are only permitted if the trader has clearly stated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
7. Prices stated in offers of products or services include VAT.

 

Article 12 – Compliance and extended warranties

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the trader, or by the supplier, manufacturer or importer can never limit the statutory rights and claims that a consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil his or her part of the contract.
3. An additional warranty is understood to mean any obligation of the trader, supplier, importer or manufacturer that grants a consumer certain rights or claims which exceed what is legally required in the event that the trader fails to fulfil the contract.

 

Article 13 – Supply and implementation

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. The place of delivery is deemed to be the address the consumer makes known to the trader.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the trader will implement accepted orders promptly, and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be implemented, or only partially implemented, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has a right to terminate the contract free of charge and may potentially be entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the trader will immediately refund any sums the consumer has already paid.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative previously designated and made known to the trader, unless explicitly agreed otherwise.

 

Article 14 – Extended transactions: duration, termination and renewal

Termination:

1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice not exceeding one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice not exceeding one month.
3. With respect to contracts as described in the two previous paragraphs, the consumer can:

- terminate them at all times and not be limited to termination at a specific time or during a specific period;

- terminate them in the same way as they were concluded;

- always terminate them subject to the same period of notice as stipulated for the trader.

 

Extension:

4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period of time.
5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically extended for a fixed term not exceeding three months, if the consumer is at liberty to terminate this extended contract towards the end of the extension, with a period of notice not exceeding one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically extended for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice not exceeding one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period not exceeding three months.
7. A fixed term contract for the regular delivery of daily or weekly newspapers and magazines (on the basis of trial or introductory subscriptions) will not be automatically extended and will automatically terminate at the end of any trial or introductory period.

 

Duration:

8. If a fixed-term contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice not exceeding one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

 

Article 15 – Payment

1. Unless otherwise specified in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. Where an advance payment is stipulated, the consumer cannot assert any rights whatsoever regarding the implementation of the relevant order or service (s) before the stipulated advance payment has been made.
3. The consumer has a duty to immediately report any inaccuracies in payment data provided or specified to the trader.
4. If a consumer fails to meet the payment obligation (s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable on the amount owed and the trader has the right to charge reasonable extrajudicial collection costs he has incurred. These collection costs will amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum charge of €40. The trader can make exceptions to these sums and percentages which are more favourable to the consumer.

 

Article 16 – Complaints procedure

1. The trader has a well-publicised complaints process and will deal with complaints in accordance with this complaints procedure.
2. Any consumer complaints about the implementation of the contract must be submitted to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed response.
4. The consumer should give the trader at least 4 weeks to resolve the complaint via joint consultation. After this period, the complaint becomes a dispute which is subject to the dispute settlement procedure.

 

Article 17 – Disputes

1. Dutch law applies exclusively to contracts between the trader and the consumer to which these general terms and conditions apply.

 

Article 18 – Supplementary or exceptional provisions

Supplementary or exceptional provisions beyond these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner via durable media.

 

Annex I: Model form for right of withdrawal

2. Annex II Additional Sightful product terms

Table of contents:

Article 1 - Definitions

Article 2 - Applicability

Article 3 - Right of withdrawal

 

Article 1 - Definitions

Where a term used is not defined in this article, it will have the meaning given to it in article 1 of the Thuiswinkel general terms and conditions. The following definitions apply in these product terms and conditions:

1. You, your: the consumer, as defined in Article 1 of the Thuiswinkel general terms and conditions.
2. Product conditions: Sightful’s additional product terms and conditions;
3. Sightful, we, us: the trader, as defined in Article 2 of the Thuiswinkel general terms and conditions.

 

Article 2 - Applicability

1. These product conditions apply to every Sightful offer and to every distance selling contract concluded between Sightful and the consumer.
2. In the event of any conflict between the provisions of these product terms and conditions and those provisions in the Thuiswinkel general terms and conditions, the consumer can always invoke whichever applicable provision is most favourable.

 

Article 3 - Right of withdrawal

1. It is possible to withdraw an order from the date you placed the order up to 90 days after that date. If you wish to withdraw your order, please inform us in writing, either by post or via e-mail. You can also find the right of withdrawal form by clicking on this link.
2. The withdrawal form can be sent to:

Sightful
The Base, Tower C, 6th Floor
Evert van de Beekstraat 1-80
1118 CL Schiphol
info@sightful.nl

3. Your right of withdrawal lapses if the packaging seal has been broken on products which, for reasons relating to health and hygiene good practice, are not suitable for return once the seal has been broken after delivery (Article 10, paragraph 9, Thuiswinkel general terms and conditions).
4. We operate the following guidelines for returns:

• As soon as we receive your return shipment, we will start processing any potential refund or your new lens order. If you need new lenses quickly, please order your new lenses online and we will arrange the refund once we receive the return shipment.
• The products must be returned in their original, unopened packaging.

5. We will process refunds as soon as possible, and within 14 days at the latest, once we have received the returned products or proof of return from you and all other conditions in Article 2.3 of the Thuiswinkel general terms and conditions and this Article 4 have been met. In that case, the full purchase amount will be refunded, including shipping costs. The costs of the return shipment are for the account of the consumer and are not reimbursed. Refunds are reimbursed via the same bank account, debit card or PayPal account used for the payment.