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Terms of sale

ABOUT THESE TERMS AND CONDITIONS OF SALE

These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at www.propeaq.com (the “Site”). The Site and the goods supplied through it are provided by Chrono Eyewear BV, a limited company incorporated in the Netherlands, VAT NL856181122B01, number of registration at the Companies Register 65602331, with headquarters at Zouavenlaan 33, 5037MT, Tilburg, the Netherlands (referred to here as “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.

As well as these Terms of Sale, other important legal terms are set out in our Terms of Use, Returns Policy, Warranty Policy and Privacy Policy (“Additional Policies”). By agreeing to these Terms of Sale you also agree to the Additional Policies, all of which form part of the legally binding contract between us and you. You should read these Terms of Sale and the Additional Policies carefully before buying anything from the Site.

We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.

Nothing in these Terms and Conditions of Sale will affect your legal rights. If you have any questions or requests about the Terms of Sale, any of the Additional Policies, the goods or the Site, please contact us by e-mail at info@propeaq.com.

PART A – INFORMATION ABOUT THE SITE AND THE GOODS

This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.

INFORMATION PROVIDED ON THE SITE

We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us during your order.

Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that:

  • the colours of goods as shown on the Site will depend on many factors – including your display settings;
  • the actual sizes and shapes of the goods may differ from how they appear on your screen. Please note that relevant technical information is provided for each item for sale on the Site;
  • pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
  • all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time;
  • we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, in line with the applicable provisions of law and the present terms and conditions, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only. Actual delivery dates may vary. Please see PART B below for more information about delivery; and
  • not all goods and promotions that are offered on the Site will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion on this website.

We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.

Availability

We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.

PART B – BUYING GOODS

This PART B sets out the terms that apply to your purchase of goods from the Site.

Placing your order

Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing an order form. You will also be asked to provide details about your debit or credit card in order to allow us to take payment after our acceptance of your order. We use a third party card authorization service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes. When you place an order for goods via the Site, your order constitutes an offer to purchase goods from us which will become binding after our acceptance as detailed below. Where you order more than one item, your order comprises a series of offers for each item individually. In cases where we find a lack of correctness in our verification of your details relating your credit or debit, the purchase process can by delayed, suspended or interrupted.

After placing an order with us, you will receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order. You will be able to add to or amend your order after we send the Order Confirmations by contacting our Customer Service at Customer Service op + 31 13 631 63 13.

The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email and the relevant invoice will be made available to you. The invoice email constitutes the VAT receipt for your goods. You should print off a copy of the invoice email together with a copy of these Terms of Sale and the Additional Policies and keep them safe. You will need to refer to these details when contacting us about your order.

Order acceptance

All orders are subject to acceptance by us. We will confirm acceptance to you by sending you an email that confirms that, all or part of, the goods ordered by you will be dispatched (the “Order Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Order Confirmation to you. The contract will relate only to those goods whose dispatch are confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in the separate Order Confirmation.

Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time. Should we refuse your order we will notify you as soon as reasonably possible

Payment

We will take payment from your credit or debit card at the time your order is shipped. When paying with Ideal payment is made directly. You will receive an email detailing what items have shipped from your order and the cost to ship these items (the “Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Email will include information of the items actually shipped at that time only, a summary of these terms and conditions, information on the purchased good, on the right of withdrawal, on the methods of payment and on the applicable taxes, and all information mandatory provided by the law. We will contact you if we have any problems taking payment from the card details you provide during the order process.

All prices shown on the Site are inclusive of VAT and other applicable taxes.

Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order.

Pricing errors

Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If, before our acceptation, we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.

If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.

Delivery

The Order Confirmations will include general information about your order and will include an expected delivery date for your goods.

Delivery will take place at the delivery address specified by you during the order process.

Propeaq will charge you shipping costs depending on the country of delivery. For questions please contact us at info@propeaq.com.

Once the goods have been delivered to you and you have taken the physical possession of the goods, you become the owner of those goods and from that point they will be at your risk.

On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods in accordance with the Warranty Policy under Part D of the present Terms of Sale.

PART C – CANCELLING YOUR ORDER AND RETURNING GOODS

Cancellation of your order. You can cancel all orders within 24 hours after the order confirmations.

Right of withdrawal. We offer the right to withdraw from the contract within a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after you acquire physical possession of the goods. You can withdraw from all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods. Please see “Returns Policy” under Part D of these Terms of Sale for the terms and conditions applicable to your rights of withdrawal and refund.

Faulty goods. If you find the goods that have been delivered to be misdescribed, or damaged or faulty and we cannot remedy the fault to your reasonable satisfaction then these goods can be returned without prejudice of any other rights granted by law. Please read our Returns Policy for more information about returning the goods.

PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

Guarantee

Details of your guarantee rights in respect of each product type are set out in our Guarantee Policy. These guarantees are in addition to and do not affect your legal rights as a consumer.

Events Beyond Our Reasonable Control

We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is unforeseeable, irresistible and beyond our control.

Waiver

Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.

Invalidity

In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.

Privacy

Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.

Online Dispute Resolution

If you have a problem with us regarding a product you bought on www.propeaq.com you can settle the dispute out of court through an online platform available in all EU member states languages, at http://ec.europa.eu/odr. For questions, clarifications and for the purpose of any claim through the ODR Platform contact us.

Governing Law

This agreement is governed and shall be construed in accordance with the law in the Netherlands without prejudice to your rights under law which cannot be otherwise excluded.

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