TERMS AND CONDITIONS

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

    1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
    2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
    3. Day: calendar day;
    4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
    5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
    6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
    7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
    8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance, in this case Invision Retail;
    9. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
    10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
    11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Invision Retail
Address: PO Box 135, 4900AC Oosterhout, The Netherlands
E-mail: info@invisionretail.nl
Chamber of Commerce: 8422997

Article 3 – Applicability.

    1. These general terms and conditions apply to any offer made by Invision Retail and to any remote agreement and orders concluded between Invision Retail and consumers.
    2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be viewed on invisionretail.com and they will be sent free of charge to the consumer at his request as soon as possible.
    3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
    4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
    5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest and the provision concerned will be replaced by mutual agreement without delay by a provision that approaches the purport of the original as much as possible.
    6. Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
    7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

Article 4 – The offer

    1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
    2. The offer is without obligation. Invision Retail is entitled to change and modify the offer.
    3. 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 Invision Retail uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Invision Retail.
    4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
    5. Images accompanying products are a true representation of the products offered. Invision Retail cannot guarantee that the displayed colors exactly match the real colors of the products.
    6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of shipment; the way in which the agreement will be concluded and what actions are necessary for this; whether or not the right of withdrawal is applicable; the method of payment, delivery and performance of the agreement; the period for acceptance of the offer, or the period within which Invision Retail guarantees the price; the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after its conclusion, and if so in which way it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them; any other languages, besides Dutch, in which the agreement can be concluded; the codes of conduct to which Invision Retail has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the event of a duration transaction.

Article 5 – The Agreement

    1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
    2. If the consumer has accepted the offer electronically, Invision Retail will immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by Invision Retail, the consumer may dissolve the agreement.
    3. If the agreement is concluded electronically, Invision Retail will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Invision Retail will observe appropriate security measures for this purpose.
    4. Invision Retail may – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Invision Retail has good grounds for not entering into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, giving its reasons.
    5. Invision Retail will provide with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, on its website www.invisionretail.com:
        • Invision Retail’s e-mail address to which the consumer may address complaints;
        • the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
        • the information on warranties and existing after-purchase service;
        • the information contained in Article 4 paragraph 3 of these conditions;
        • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
    6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
    7. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

On delivery of products:

    1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days, or the statutory minimum period for withdrawal in the country of supply. This cooling-off period commences on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to Invision Retail.
    2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to Invision Retail with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Invision Retail.
    3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform Invision Retail of this within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as by e-mail to info@invisionretail.nl. After the consumer has made known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time by means of proof of shipment.
    4. If after the expiration of the periods referred to in paragraphs 2 and 3, the customer has not expressed his desire to exercise his right of withdrawal and has not returned the product to Invision Retail, the purchase is a fact.

Article 7 – Costs in case of withdrawal

    1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
    2. If the consumer has paid the purchase price, Invision Retail will refund this amount as soon as possible, but no later than 7 days after receipt. This is subject to the condition that the product and packaging in good and original condition is received back by Invision Retail or conclusive evidence of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
    3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
    4. The consumer cannot be held liable for depreciation of the product when not all legally required information about the right of withdrawal has been provided by Invision Retail, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal.

    1. Invision Retail may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Invision Retail has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
    2. Exclusion of the right of withdrawal is only possible for products:
        • that have been made by Invision Retail in accordance with consumer specifications;
        • that are clearly personal in nature;
        • which by their nature cannot be returned;
        • that can spoil or age quickly;
        • the price of which is subject to fluctuations in the financial market over which Invision Retail has no influence;
        • For single newspapers and magazines;
        • for audio and video recordings and computer software for which the consumer has broken the seal;
        • For hygienic products whose seal has been broken by the consumer.
    3. Exclusion of the right of withdrawal is only possible for services:
        • concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
        • The delivery of which began with the consumer’s express consent before the expiration of the cooling-off period;
        • Regarding betting and lotteries.

Article 9 – The price

    1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
    2. Contrary to the previous paragraph, Invision Retail may offer products or services whose prices are subject to fluctuations in the financial market and over which Invision Retail has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
    3. Price increases after consummation are permitted at all times, but in no way retroactively valid for consumers whose transaction has been completed.
    4. The prices mentioned in the offer of products or services include VAT.
    5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints. In case of printing and typesetting errors, Invision Retail is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

    1. Invision Retail warrants 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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, Invision Retail also guarantees that the product is suitable for other than normal use and subject to the maintenance measures described by the consumer.
    2. A warranty provided by Invision Retail does not affect the legal rights and claims that the consumer may assert against Invision Retail under the agreement.
    3. Any defects or faulty products delivered must be reported to Invision Retail in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
    4. Invision Retail’s warranty period corresponds to the manufacturer’s warranty period. However, Invision Retail is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
    5. The warranty does not apply if:
        • the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
        • the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to Invision Retail’s instructions and/or on the packaging;
        • the defectiveness is wholly or partly the result of regulations which the government has imposed or will impose on the nature or quality of the materials used.

Article 11 – Delivery and execution

    1. Invision Retail will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
    2. The place of delivery is the address that the consumer has made known to Invision Retail.
    3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
    4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
    5. In case of dissolution in accordance with paragraph 3 of this article, Invision Retail will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
    6. If delivery of an ordered product proves impossible, Invision Retail will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Invision Retail.
    7. The risk of damage and/or loss of products rests with Invision Retail until the time of delivery to the consumer or a representative designated in advance and made known to Invision Retail, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and renewal

Termination

    1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
    2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
    3. The consumer may enter into the agreements mentioned in the previous paragraphs:
        • cancel at any time and not be limited to cancellation at a particular time or period;
        • terminate at least in the same manner as they were entered into by him;
        • always terminate with the same notice period as Invision Retail has stipulated for itself.

Extension

    1. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
    2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
    3. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

    1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

    1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
    2. The consumer has a duty to promptly report inaccuracies in payment information provided or stated to Invision Retail.
    3. In case of non-payment by the consumer, Invision Retail is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

    1. Invision Retail has a complaints procedure and will handle the complaint in accordance with this complaints procedure.
    2. Complaints about the performance of the agreement must be submitted to Invision Retail within 2 months fully and clearly described, after the consumer has identified the defects.
    3. Complaints submitted to Invision Retail will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Invision Retail will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
    4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
    5. In the event of complaints, a consumer should first contact Invision Retail.
    6. A complaint does not suspend Invision Retail’s obligations unless Invision Retail indicates otherwise in writing.
    7. If a complaint is found valid by Invision Retail, Invision Retail will, at its option, either replace or repair the delivered products.

Article 15 – Disputes

    1. Agreements between Invision Retail and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer resides abroad.
    2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.