Terms and Conditions
These Terms and Conditions (the “Terms”) apply to the products you purchase through the website www.propeaq.com (the “Site”). The Site and the products sold on it are provided by Chrono Eyewear BV, a company incorporated under the laws of the Netherlands, VAT number NL856181122B01, registered with the Dutch Chamber of Commerce under number 65602331, with its registered office at Koningshoeven 20, 5018 AB Tilburg, the Netherlands (referred to herein as “we”, “us”, and “our”).
“We” or “our” refers to Chrono Eyewear, while “you” and “your” refer to you as the user of the Site and purchaser of the products.
In addition to these Terms, you will find other important legal conditions in our Terms of Use, Return Policy, Warranty Policy, and Privacy Policy (collectively, the “Supplementary Terms”). By agreeing to these Terms, you also agree to the Supplementary Terms, which form an integral part of the legally binding agreement concluded between you and us.
You are advised to read these Terms and the Supplementary Terms carefully before purchasing products on the Site.
We reserve the right to modify the Terms and the Supplementary Terms at any time. Any changes will apply to all orders placed after the updated Terms have been published on the Site. You should therefore review the Terms and Supplementary Terms before placing each order, as they may have changed since your last visit.
These Terms and Conditions do not affect your statutory rights.
If you have any questions regarding the Terms, the Supplementary Terms, the products, or the Site, please contact us at info@propeaq.com.
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuing Contracts: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
For the purpose of these Terms and Conditions:
- Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
- Consumer: a natural person not acting in the course of a profession or business who concludes a distance contract with the trader.
- Day: calendar day.
- Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
- Durable data carrier: any device enabling the consumer or trader to store personally addressed information in a way that allows future consultation and unchanged reproduction.
- Right of withdrawal: the consumer’s option to dissolve the distance contract within the cooling-off period.
- Model withdrawal form: the form provided by the trader which the consumer may use to exercise the right of withdrawal.
- Trader: the natural or legal person offering products and/or services to consumers at a distance.
- Distance contract: a contract concluded within the framework of an organised system for distance selling, using one or more means of distance communication exclusively until the moment of contract conclusion.
- Means of distance communication: any tool that may be used for concluding a contract without consumer and trader being physically present at the same time.
- Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Chrono Eyewear BV
Koningshoeven 20
5018 AB Tilburg
The Netherlands
E-mail: info@propeaq.com
Chamber of Commerce: 65602331
VAT number: NL856181122B01
Article 3 – Applicability
- These Terms apply to every offer by the trader and every distance contract concluded between the trader and the consumer.
- Before a distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, the trader will indicate where the Terms can be inspected and that they will be sent free of charge upon request.
- If the distance contract is concluded electronically, the Terms may also be provided electronically in such a way that the consumer can easily store them on a durable data carrier.
- If special product or service conditions apply in addition to these Terms, the consumer may always rely on the provision that is most favourable to them in case of contradiction.
- If any provision of these Terms is void or becomes void, the remaining provisions remain fully applicable. The invalid provision will be replaced by a valid one reflecting the original intent as closely as possible.
- Ambiguities regarding interpretation will be resolved “in the spirit” of these Terms.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be clearly stated.
- All offers are non-binding. The trader may adjust or modify the offer at any time.
- The offer contains a complete and accurate description of the products and/or services offered. Images represent the products truthfully. Obvious errors or mistakes are not binding.
- All images and specifications are indicative and cannot be grounds for compensation or contract dissolution.
- Each offer specifies clearly:
- the period during which it can be accepted;
- price guarantees;
- any communication costs;
- whether the contract will be archived and how it can be accessed;
- how the consumer can check and correct entered data;
- available contract languages;
- applicable codes of conduct;
- minimum duration for continuing contracts.
Article 5 – The Agreement
- The agreement is concluded once the consumer accepts the offer and complies with the stated conditions.
- If accepted electronically, the trader confirms receipt without delay. Until confirmation, the consumer may dissolve the agreement.
- For electronic contracts, the trader ensures secure transfer of data and appropriate payment security.
- The trader may, within legal boundaries, assess whether the consumer can meet payment obligations.
- The trader provides the following information at the latest upon delivery:
- business address for complaints,
- conditions for withdrawal,
- warranty information,
- details mentioned in the offer,
- termination conditions for long-term agreements.
- Contracts are subject to product availability.
Article 6 – Right of Withdrawal
- For product purchases, the consumer may withdraw within 14 days after receipt, without giving reasons.
- During this period, the consumer must handle the product carefully and only inspect it as necessary.
- To use the right of withdrawal, the consumer must notify the trader within 14 days and then return the product within another 14 days.
- If the consumer does not communicate or return within these periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
- Only the return shipping costs are borne by the consumer.
- Paid amounts are refunded within 14 days, provided the product is returned or proof of return is provided.
- Refunds use the same payment method unless otherwise agreed.
- Damage caused by improper handling may be charged to the consumer.
- If the trader failed to inform about the right of withdrawal, no depreciation may be charged.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the right of withdrawal if this is clearly stated.
Exclusions apply to products:
- made to consumer specifications,
- clearly personal,
- not suitable for return,
- perishable,
- subject to market fluctuations,
- newspapers and magazines,
- software or media with a broken seal,
- hygiene products with a broken seal.
For services, exclusions apply to:
- accommodation, transport, catering, leisure with fixed date,
- services started with consumer consent during the cooling-off period,
- betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, prices of products and/or services will not be increased, except as a consequence of changes in VAT rates.
- The trader may offer products or services whose prices fluctuate on the financial market at variable prices. These fluctuations and the indicative nature of such prices will be clearly stated in the offer.
- Price increases within three months of concluding the contract are permitted only if required by legislation.
- Price increases after three months are permitted only if:
- this has been contractually agreed, and
- the increase results from legal requirements, or
- the consumer may terminate the contract as of the date the increase takes effect.
- Prices stated in the offer include VAT.
- All prices are subject to printing or typographical errors. No liability is accepted for such errors. The trader is not required to deliver products at an incorrect price.
Article 10 – Conformity and Warranty
- The trader guarantees that products and/or services comply with the contract, the specifications listed in the offer, reasonable standards of quality and usability, and applicable legal requirements in force at the time of contract conclusion. If agreed, the trader also guarantees suitability for special use.
- Any warranty issued by the trader, manufacturer, or importer does not affect statutory consumer rights.
- Defects or incorrect deliveries must be reported in writing within four weeks of delivery. Products must be returned in original packaging and unused condition.
- The warranty period corresponds to the manufacturer’s warranty. The trader is not responsible for the product’s suitability for specific consumer purposes, nor for advice provided.
- Warranty does not apply if:
- the consumer repaired or altered the product;
- the product was misused, exposed to abnormal conditions, or used contrary to instructions;
- defects result from regulations regarding the nature or quality of materials.
Article 11 – Delivery and Performance
- The trader exercises the utmost care when receiving and executing orders.
- The delivery address is the address indicated by the consumer.
- Orders are executed as soon as possible, no later than 30 days, unless a longer period is agreed. If delivery is delayed or impossible (in whole or part), the consumer will be notified within 30 days. The consumer may then dissolve the contract free of charge. No compensation applies.
- Delivery times are indicative. Consumers cannot derive rights from them.
- If dissolved, payments will be refunded within 14 days.
- If delivery of a product is impossible, the trader will offer a replacement. The consumer will be clearly informed. The right of withdrawal cannot be excluded for replacement products. Return costs are borne by the trader.
- The risk of loss or damage remains with the trader until delivery to the consumer or authorised representative.
Article 12 – Continuing Contracts: Duration, Termination and Renewal
Termination
- Contracts of indefinite duration involving regular delivery may be terminated at any time with a notice period of no more than one month.
- Fixed-term contracts may be terminated at the end of their duration with a notice period of no more than one month.
Renewal
- Fixed-term contracts may not be tacitly renewed for another fixed duration.
- Exception: newspaper and magazine subscriptions may be extended once for up to three months if terminable at month’s notice.
- Fixed-term contracts may be tacitly renewed for indefinite duration if:
- the consumer may cancel at any time with a one-month notice period, or
- a three-month notice period applies for deliveries occurring less than once per month.
- Trial subscriptions end automatically.
Duration
- For contracts exceeding one year, the consumer may terminate after one year with one month’s notice.
Article 13 – Payment
- Unless otherwise agreed, payments must be made within seven working days after the cooling-off period begins (Article 6). For services, the period begins upon receipt of confirmation.
- Incorrect payment details must be reported immediately.
- In case of non-payment, the trader may charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
- The trader maintains a well-publicised complaints procedure.
- Complaints about contract execution must be submitted within seven days after the defect is discovered.
- Complaints are answered within 14 days. If more time is required, the consumer will receive an acknowledgment and an indication of when a full reply can be expected.
- If the complaint cannot be resolved, a dispute arises and may be submitted to a dispute resolution body. Its decision is binding.
- If no resolution is achieved, the consumer may submit the complaint to an independent dispute committee. Costs apply. Complaints may also be submitted via the EU ODR platform: http://ec.europa.eu/odr
- A complaint does not suspend obligations unless agreed in writing.
- If justified, the trader will repair or replace the product free of charge.
Article 15 – Disputes
- Dutch law applies exclusively, even if the consumer resides abroad.
- The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or on a durable data carrier.
