Terms & Conditions – Tol Eyewear - NL

Terms & Conditions

GENERAL TERMS AND CONDITIONS OF TOL EYEWEAR.

Having its registered office and place of business in Amsterdam, the Netherlands,

Listed in the Chamber of Commerce under number 77175638 

These General Terms and Conditions are applicable between you ("you or the customer") and Lima Investments B.V., a company incorporated in The Netherlands, VAT NL.8609.23.538.B01, registered under the Dutch Chamber of Commerce under number 77175638, with headquarters at Vossiusstraat 54, 1071AK in Amsterdam and e-mail info@toleyewear.com. and its subsidiaries and affiliates (collectively, "TOL Eyewear," "we" or "us"), as owner of www.TOLeyewear.com (the "website").

 Please carefully read these General Terms and Conditions of the website. Website access and the use of its content are subject to the usage stipulations provided hereinafter. The act of accessing and browsing this website implies that the internet user fully and unreservedly accepts the following stipulations.

 

General 

These General Terms and Conditions (including any documents referenced herein and any other special terms and conditions confirmed by us in writing, together the “GTAC”) apply to all offers of TOL Eyewear and any agreements concluded between TOL Eyewear and you, whether online through the website or any other website we operate, together the “website”), in stores or via other (online) sales channels. By placing an order for or by using our Products, you automatically agree to and are bound by these GTAC. If you have any questions, please contact info@toleyewear.com before placing an order. If you do not agree with the GTAC, please discontinue the use of the website.

  1. Usage of our website

- TOL Eyewear hereby grants to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the GTAC. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the website in any manner not expressly permitted herein.

- The website may facilitate access to other sites or online social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, TOL Eyewear expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the Products or services provided by, available through, or advertised on these third-party sites.

- Purchasing a Product via the website is only allowed to people with at least 18 years. If you are not of such age, please consult with your parent or guardian.

 

  1. Orders

- Order can be placed on the website. If you have any questions, please contact customercare@toleyewear.com before placing an order.

- Orders placed on the website are subject to strict compliance with the procedures described below.

- Selection of Products: You may, at any time, add Products to your selection by clicking on “Add to cart” and freely modify your online “Cart” containing the selected Products, remove an initially selected product, modify the quantities ordered or add a Product by clicking on the corresponding items made available within the “Cart.”

- Identification: After selecting the product(s), click “Check Out” to begin the ordering process.

- It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential.

- All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products

     

    1. Confirmation of the order

    - An acknowledgement of receipt of the order is sent to the customer by email. In accordance with the provisions of the General Data Protection Regulation, the customer accepts the use of electronic mail for the confirmation of the order content by TOL Eyewear.

    - The acknowledgement of receipt shall include the order number, the total amount of the order, information relating to cost and delivery time, defining features, quantity and price of the Items purchased.

    - If the Products are no longer available, even after the order has been confirmed, we will let you know as soon as possible. You may then order another Product from our website or, if you wish, cancel the order. Any payment made will be refunded.

    - TOL Eyewear reserves the right to not accept an order from a customer with whom it is in dispute over a previous order, or if we reasonably believe that you have breached these GTAC.

    - Once we have confirmed your card authorization for your order and confirmed your order by email, an agreement between us is concluded.

       

      1. Payment and price

      - The prices of the Products are indicated in Euros, all taxes included, duties excluded. We do not offer a VAT refund service for purchases that might be eligible for a tax refund. All orders are payable in Euros and must be paid immediately upon placing your order.

      - TOL Eyewear reserves the right, at any time and without prior notice, to change the prices of the Products offered on the website. Products are charged on the basis of the prices displayed on the website at the time of placing the order, subject to the availability of the Products ordered at that time.

      - The customer pays for the order by card by one of the applicable payment methods: Credit Card, Visa, Eurocard/Mastercard/American Express, or by Paypal.

      - If a payment is made by VISA/Mastercard, the supplier will be entitled to check the validity of the card, to check the spending limit available for the debiting of the total amounts and to check the correctness of the buyers’ address details. TOL Eyewear reserves the right to refuse the purchase.

      - A fee will be charged for payments via Paypal, which fee will be charged by TOL Eyewear to the buyer. The amount of the fee will become visible on the website during the ordering process, before the payment is made and therefore before the final placement of the order.

         

        1. Delivery

        - The Products ordered by the customer are delivered to all countries, to the address indicated, accompanied by a delivery slip.

        - We will send you an email confirming the carrier’s details and the tracking number as soon as your order is shipped.

        - We aim to deliver the Products within thirty (30) working days after acceptance of the order as per clause 3.2. Delivery times are estimated and cannot be guaranteed. 

        Note: We ship from the EU, be aware of additional government duties and fees at customs authorities when placing an order. As a customer you will be responsible for import duties/taxes incurred in the destination country/region.

        See below our indicative delivery periods:

         

          ZONE 1: The Netherlands, Belgium & Germany

          Shipping costs for orders under 300€: 6€

          Shipping costs for orders above 300€: free shipping

          Delivery time: 1-3 working days (DHL Parcel)

           

          ZONE 2: Other EU countries, excluding Norway & Switzerland

          Shipping costs for orders under 300€: 10€

          Shipping costs for orders above 300€: free shipping

          Delivery time: 2-4 working days (DHL Parcel)

           

          ZONE 3: Norway & Switzerland

          Shipping costs for orders under 300€: 20€

          Shipping costs for orders above 300€: free shipping

          Delivery time: 2-4 working days (DHL Express on Demand)

           

          ZONE 4: Other countries

          Shipping costs for orders under 300€: 30€

          Shipping costs for orders above 300€: free shipping

          Delivery time: 2-4 working days (DHL Express on Demand)

           

          - The customer is obliged to inspect the delivered goods. If, upon delivery, the external packaging is not in perfect condition, the customer is requested (i) either to open the package in the presence of the carrier in order to verify the condition of the Product(s), or (ii) to refuse delivery and contact TOL Eyewear.

           

          1. Reflection period

          - As the contract was concluded via the website and therefore away from the supplier's business premises, the buyer will have a reflection period of 14 (fourteen) calendar days, within which the buyer may dissolve the contract without stating any reason.

          - The reflection period referred to in paragraph 1 will commence the day after the customer, or a third party who has been designated by the customer in advance and who is not the carrier, has received the product, or, if the buyer has ordered several products in one order, the day on which the buyer, or a third party designated by him, has received the last product. TOL Eyewear has the right to refuse an order of several products with different delivery periods.

          - If the right of withdrawal is exercised and the contract is therefore dissolved, the products to which the dissolution pertains will have to be returned to TOL Eyewear, after which TOL Eyewear will have to refund the purchase price paid for the products and any delivery costs to the customer.

             

            1. Returns

            - To make this process as quick and easy as possible, we offer customers a free return service on all orders within 14 days. When the return arrived back at our warehouse and the quality is still very good, your refund will be processed within 14 days from the day the return arrived back at the warehouse.

             

            ZONE 1: The Netherlands, Belgium & Germany

            Your pre-paid return label will be added in the shipping box

             

            ZONE 2: Other EU countries

            Your pre-paid return label will be added in the shipping box

             

            ZONE 3: Norway, Switzerland, France, Italy & United Kingdom

            Please send an email to customercare@toleyewear.com and ask for your pre-paid DHL return label.

             

            ZONE 4: Other countries

            Shipment for the return needs to be arranged by the customer. That means that the customer is responsible for the return shipping costs.

             

              - Conditions: items must be returned unworn, unmarked and in the original undamaged boxes. We will not accept any items that are customized or personalized. Packaging must be returned as well as they are considered part of the product. Also, the including return form must be filled out. We are not able to process your return if this form is missing. If you receive an item which is damaged, please contact us at customercare@toleyewear.com immediately.

            - Refunds: once your order has been received by our warehouse and complies with our returns policy, a refund will be issued within 14 working days via the original payment method. Shipping costs will be refunded if all ordered items were sent back. If a part of the items is returned, original shipping costs are for the customer.

            1. Warranty

            - We provide a warranty on our Products of 2 years, starting upon delivery. Against breakages caused by material or manufacturing defects reported within 14 days of the date of delivery of the Products, provided that we are notified of such defects within 14 days of the discovery.

            - TOL Eyewear may choose between repairing or replacing the product(s) unless one of these choices results in a cost that is disproportionately high for us. If a repair or replacement of the product is not possible, the customer may have the price paid refunded and return the product, or keep the product and be refunded a portion of the price, unless the lack of conformity is minor. The return, replacement or reimbursement of the Product shall be carried out at no cost to the customer.

            - Scratching of the lenses is regarded as a normal consequence of wear and is not covered by the warranty. Or by improper use or careless maintenance, or when having anyone other than TOL Eyewear make repairs or changes to the product.

            - No claim under the warranty can be made if the damage is caused:

            • Deliberately or by negligence;
            • Damage caused deliberately or negligently;
            • By normal wear and tear;
            • By improper use or careless maintenance;
            • By having anyone other than TOL Eyewear make repairs or changes to the product;
            • Damage caused by not heeding or incorrectly heeding the cleaning and maintenance instructions;
            • By not or incorrectly following the instructions relating to the product.

            NOTE: TOL sunglasses protect the eyes from the harmful and unpleasant effect of the sun's rays. however, this product is not for:

            - Direct observation of the sun;

            - Warm environment;

            - Protection against artificial light sources (solaria);

            - Driving in dusk or at night.

             

            1. Liability

            - Nothing in these GTAC shall exclude or limit our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

            - TOL Eyewear is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these GTAC where such failure is due to an event that is beyond our reasonable control (force majeur), which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.

            - Should this suspension continue beyond a period of fifteen (15) days, the customer would then have the option to cancel the order in progress and would then be refunded at the latest within thirty (30) days from said cancellation.

            - Our maximum liability to you for any loss or damage arising in connection with your order shall be limited to the total price of your order.

               

              1. Privacy

              - Nothing in these GTAC shall exclude or limit our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

              - It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential and will not be shared with third parties, with the exception of any partners of TOL Eyewear. 

              - We will process your data in accordance with our Privacy Policy. Please read our Privacy Policy carefully. By placing an order or using our services, you have agreed to our storing and processing of your data and you confirm that any data provided by you are correct and complete.

               

              1. Intellectual Property Rights
              - TOL Eyewear holds all intellectual property rights to the website, its contents (including - but not limited to - text, design, layout, brochures, catalogues images, Instagram posts, and videos), the products, the domain name, trademarks and trade names. 

                - Any use of our intellectual property rights, including – but not limited to - copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of TOL Eyewear.

                - We will hold you liable for all caused direct and indirect damages when you use of our intellectual property rights without our consent.

                 

                1. Law and jurisdiction

                The GTAC and the contractual relations between TOL Eyewear and the customer are subject to Dutch law. In the case of litigation, exclusive authority is attributed to the competent Dutch court in Amsterdam. We are nonetheless committed to finding an amicable solution before any judicial action.

                Most recent update: 16-07-2020

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