Terms of service

Article 1 Applicability

1.1 These terms and conditions apply to all legal relationships, including agreements and offers, between the private limited liability company Optimerce B.V., having its registered office and place of business at Grote Ohéweg 3, 6081 PT Haelen, the Netherlands, registered with the Chamber of Commerce under number 69795614 (hereinafter referred to as: “Optimerce”), and the customer, insofar as these terms and conditions have not been expressly and explicitly deviated from by the parties in writing.

1.2 For the purposes of these terms and conditions, “customer” shall mean: any natural person or legal entity that has entered into a contractual relationship with Optimerce, whether pursuant to a purchase agreement concluded with Optimerce or pursuant to any other type of agreement, as well as any natural person or legal entity that wishes to enter into an agreement with Optimerce, whether a purchase agreement or any other type of agreement.

1.3 These terms and conditions shall also apply to all legal relationships between the customer and any party affiliated with Optimerce, such as a subsidiary, sister company or parent company. In such cases, “Optimerce” as referred to in these terms and conditions shall be deemed to mean the relevant affiliated party.

1.4 Any deviation from these terms and conditions shall only be permitted insofar as expressly agreed in writing. The provisions of these terms and conditions from which no written and explicit deviation has been made shall remain fully in force. Any deviation from these terms and conditions shall apply only to the specific cases determined in the relevant agreement, unless expressly agreed otherwise in writing.

1.5 If any provision of these general terms and conditions is void or invalid, it shall be deemed to be replaced by a valid provision that corresponds as closely as possible to the void or invalid provision. The same shall apply to provisions which Optimerce cannot invoke for other reasons.

1.6 In the event that these terms and conditions are drawn up in a language other than Dutch, the Dutch text shall prevail in the event of any conflict between the translation and the Dutch version with regard to the relevant provision.

Article 2 Quotations and Prices

2.1 All offers made by Optimerce are without obligation. The mere issuance by Optimerce of a price quotation, estimate, preliminary calculation or similar communication, whether or not designated as an offer, shall not oblige Optimerce to enter into an agreement.

1.2 For the purposes of these terms and conditions, “customer” shall mean: any natural person or legal entity that has entered into a contractual relationship with Optimerce, whether pursuant to a purchase agreement concluded with Optimerce or pursuant to any other type of agreement, as well as any natural person or legal entity that wishes to enter into an agreement with Optimerce, whether a purchase agreement or any other type of agreement.

2.2 An agreement shall only be concluded once acceptance of the non-binding offer has reached Optimerce, unless Optimerce revokes its non-binding offer without delay after receipt of the acceptance.

2.3 If the acceptance contains any reservation or modification in relation to the offer, then, notwithstanding the provisions of the previous paragraph, the agreement shall only be concluded if and insofar as Optimerce has confirmed in writing to the customer that it agrees to such deviation from its offer. Such consent shall never be deemed to relate to the applicability of any general terms and conditions used by the customer.

2.4 Legal acts performed by the customer with employees or subordinates of Optimerce shall not bind Optimerce, unless and insofar as Optimerce has expressly and explicitly agreed to such legal acts in writing.

Article 3 Deviations

3.1 Price quotations in the agreement are always based on the prices applicable at the time the offer is made. The stated prices are always exclusive of value added tax (VAT) and other government levies, unless expressly stated otherwise.

3.2 Optimerce shall be entitled to increase the agreed price if one or more of the following circumstances arise after the conclusion of the agreement: exchange rate increases (with the euro exchange rate being decisive), increases in the costs of raw materials, materials, semi-finished products or services required for the performance of the agreement, increases in shipping costs, wages, employer’s charges, social insurance contributions, costs associated with other employment conditions, transport costs, the introduction of new and/or increases in existing government levies, import and export duties or other charges and/or taxes, both domestically and abroad, or, in general, such circumstances that are comparable to any of the foregoing. In the event that such circumstances arise, Optimerce shall be entitled to increase the agreed price proportionately to the relevant increase.

3.3 Optimerce shall be permitted to deviate from stated weights, quantities, delivery times, technical data, dimensions, capacities and the like, insofar as such deviation is of minor significance. Deviations of 10% or less from the total weight, quantities, delivery times, and the like, as well as deviations which, taking all circumstances into account, reasonably have no or only a negligible influence on the value of the goods sold or delivered, shall always be deemed to be deviations of minor significance.

3.4 If additional costs must be incurred and/or additional risks are present in the performance of the agreement, Optimerce shall be entitled to charge a surcharge on the agreed prices proportionate to such additional costs and additional risks.

3.5 The customer shall be entitled to terminate the agreement if the price increase exceeds 10%.

3.6 Optimerce shall at all times be entitled to have the agreement performed by third parties.

Article 4 Rates / Prices

4.1 All prices stated in a quotation, offer or agreement are exclusive of value added tax (VAT), unless stated otherwise.

4.2 For orders exceeding EUR 1,000 excluding VAT, prices are based on delivery free of charge to the customer’s address within the Netherlands, unless otherwise agreed.

4.3 For orders below this amount, a charge for shipping costs, packaging, insurance and administrative costs shall be applied.

4.4 Previously agreed or applied prices shall not be binding on Optimerce unless expressly confirmed in writing in a subsequent agreement.

Article 5 Delivery Time

5.1 The agreed delivery time is based on the circumstances applicable at the time the agreement is concluded and shall not constitute a strict or fatal deadline, unless expressly agreed otherwise.

5.2 If delivery takes place later than agreed and there is no situation as referred to in the following paragraph, the customer must first give Optimerce written notice of default and grant a final, reasonable period of at least fourteen (14) calendar days for the delivery of the goods to be completed.

5.3 If a delay arises as a result of changed circumstances which hinder or delay the import, processing, handling, loading or shipment of the goods, the delivery time shall be extended by such period as is reasonable, taking all circumstances into account.

5.4 Exceeding the agreed delivery time shall only give rise to an entitlement to damages if this has been expressly agreed in writing.

5.5 If “delivery from stock” has been agreed, this shall apply “subject to availability”. If the ordered goods are not in stock, the customer may cancel the agreement in writing.

Article 6 Delivery

6.1 If transport of the goods to be delivered has been agreed, such transport shall be at the expense and risk of the customer, unless delivery free of charge (Incoterms: DDP) has been expressly agreed.

6.2 The delivery address must be reasonably accessible for the means of transport used. The customer must ensure that sufficient loading and unloading facilities are available at the delivery address. For the unloading of the goods and the loading of returned goods, the customer shall provide sufficient personnel and (mechanical) equipment, free of charge.

6.3 From the moment of delivery at the agreed place (or the first offer of the goods at that address), the delivered goods shall be at the expense and risk of the customer. The customer is obliged to provide full cooperation with the delivery. The customer shall be in default without further notice if they fail to collect the goods after Optimerce’s first request or refuse to accept delivery of the goods.

6.4 Acceptance of goods by the carrier on behalf of or for Optimerce shall constitute proof that the goods were received in outwardly good condition, unless the contrary appears from the consignment note or the receipt.

6.5 Optimerce shall at all times be entitled to deliver the goods cash on delivery or to require and receive advance payment.

6.6 Returns (at the expense of the customer) shall only be permitted if Optimerce has given prior, express written consent.

6.7 Optimerce shall be entitled to deliver the sold goods in instalments. This shall not apply if a partial delivery has no independent value. If the goods are delivered in instalments, Optimerce shall be entitled to invoice each instalment separately.

Article 7 Returns

7.1.1 You have the right to cancel your order up to thirty (30) days after receipt without giving any reason. After cancellation, you have a further thirty (30) days to return the product. You will then be refunded the full order amount, including shipping costs. Only the costs for returning the product from your address to the webshop shall be at your own expense. These costs amount to approximately EUR 7.25 per parcel; please consult your carrier’s website for the exact rates. If you exercise your right of withdrawal, the product shall be returned to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging. To exercise this right, you may contact us via  contact@optimerce.nl. We will then refund the amount due within fourteen (14) days after registration of your return, provided that the product has already been received in good order.

7.1.2 Returns shall only be accepted by Optimerce if the customer has obtained prior written consent from Optimerce to return the goods.

7.2 All returns must be delivered to Optimerce carriage paid to Dimass Group B.V., Haelen (Incoterms DDP).

7.3 Returns that do not comply with these requirements shall be refused by Optimerce.

Article 8 Complaints

8.1 The customer shall, with due diligence and without undue delay after delivery and/or otherwise after performance by Optimerce, examine whether Optimerce has properly fulfilled the agreement (whether the correct goods have been delivered, whether the correct quantity has been delivered, and whether the goods meet the agreed quality), and shall furthermore immediately notify Optimerce in writing as soon as any defect becomes apparent, namely by:

8.2 recording the alleged defects on the transport document to be signed upon receipt.

8.3 Complaints relating to defects which are not observable upon delivery must be submitted in writing by registered letter immediately after the customer has discovered such defects or reasonably should have discovered them, but in any event no later than eight (8) calendar days after delivery.

8.4 In the event of non-conformity, Optimerce shall at all times be entitled to replace the defective goods and/or performance with new conforming goods and/or performance, or, at Optimerce’s discretion, to compensate the difference in value between the conforming goods and the goods actually delivered, without prejudice to the provisions of Article 3, paragraph 3. In such case, performance of the agreement shall be deemed to be proper and complete. The customer shall not be entitled to dissolve or terminate the agreement in such case.

8.5 Performance of the agreement shall also be deemed proper if the customer has failed to carry out the inspection referred to in paragraph 1 of this article in a timely manner.

8.6 Optimerce’s invoice shall be deemed correct if the customer has not submitted a written objection to Optimerce within eight (8) calendar days after the invoice date.

8.7 If the time limits referred to in the first and fourth paragraphs must, according to objective standards of reasonableness and fairness, be regarded as unacceptably short even for a careful and alert customer, such time limits shall automatically be extended to the earliest moment at which the inspection or the notification of Optimerce is reasonably possible for the customer.

8.8 In any event, Optimerce’s performance shall be deemed proper if the customer has put the delivered goods or any part thereof into use, has processed or modified them, has delivered them to third parties, or has caused them to be put into use, processed or modified, or delivered to third parties, unless the customer has complied with the provisions of paragraph 1 of this article.

Article 9 Retention of Title

9.1 All goods delivered by Optimerce shall remain the property of Optimerce until the customer has fully fulfilled all obligations arising from all agreements concluded with Optimerce, including in any event: – the consideration(s) relating to the goods delivered or to be delivered; – the consideration(s) relating to services performed or to be performed by Optimerce pursuant to the agreement(s); – any claims arising from the customer’s failure to perform one or more agreements, including, in any event, claims relating to penalties, interest and costs.

9.2 Goods delivered by Optimerce which are subject to the retention of title pursuant to paragraph 1 of this article may only be resold in the ordinary course of business. The customer shall otherwise not be entitled to pledge the goods or create any other right thereon.

9.3 As long as the customer is not in default with respect to the performance of any agreement with Optimerce, the customer shall be entitled to process and/or modify the delivered goods in the normal course of its business. If Optimerce’s right of ownership is extinguished as a result of processing, mixing, accession or otherwise, the customer hereby already now for then transfers the (co-)ownership of the newly created goods to Optimerce in proportion to the invoice value. From that moment on, the customer shall act free of charge as holder and custodian of the goods in respect of which Optimerce holds (co-)ownership.

9.4 If the customer fails to fulfil its obligations or if there is reasonable concern that it will fail to do so, Optimerce shall be entitled to repossess or have repossessed the goods delivered and subject to the retention of title referred to in paragraph 1 of this article, from the customer or from third parties holding the goods on behalf of the customer. The customer shall be obliged to provide full cooperation thereto, subject to a penalty of 10% of the amount still owed by the customer to Optimerce per day.

9.5 If third parties wish to establish or assert any right with respect to the goods delivered under retention of title, the customer shall be obliged to inform Optimerce thereof as soon as may reasonably be expected.

9.6 At Optimerce’s first request, the customer undertakes: – to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage and against theft, and to make the insurance policy available for inspection; – to pledge to Optimerce all claims of the customer against insurers relating to the goods delivered under retention of title, in the manner prescribed in Section 3:239 of the Dutch Civil Code; – to pledge to Optimerce the claims obtained by the customer against its customers upon resale of goods delivered by Optimerce under retention of title, in the manner prescribed in Section 3:239 of the Dutch Civil Code; – to clearly mark the goods delivered under retention of title as such for third parties, or to register them as delivered under retention of title by Optimerce in a computer system; – to otherwise cooperate with all reasonable measures that Optimerce wishes to take to protect its ownership rights in respect of the goods, provided that such measures do not unreasonably interfere with the normal conduct of the customer’s business.

Article 10 Payment and Security

10.1 Payment of invoices must be made within thirty (30) days after the invoice date by transferring the amount due to a (postal) bank account designated by Optimerce, unless otherwise agreed. After expiry of this period, the invoice amount shall become immediately due and payable in full, without any deduction, compensation or set-off.

10.2 In the event of exceeding the payment term referred to in paragraph 1, contractual interest of twelve percent (12%) per annum shall be due from the due date, without any notice of default being required. If the statutory interest rate applicable during a certain period exceeds the contractual interest rate, the statutory interest rate shall apply for that period instead of the contractual interest rate. The customer shall furthermore be liable for the actual legal costs incurred by Optimerce in all instances, insofar as such costs are reasonable. This shall only apply if Optimerce and the customer are engaged in judicial or arbitration proceedings in respect of an agreement to which these general terms and conditions apply, and a final and binding judicial or arbitral decision is rendered in which the customer is wholly or predominantly found to be in the wrong. Legal costs shall include, inter alia, all costs incurred in the collection of the claim, such as costs of attachment, legal proceedings and the filing of a bankruptcy petition.

10.3 Optimerce shall be entitled, prior to delivery, continuation of delivery, or otherwise commencing performance of the agreement, to require sufficient security for the timely fulfilment of the customer’s payment obligations. In the event of any default, the customer shall be obliged to provide sufficient security, including pledges, at Optimerce’s discretion, to secure fulfilment of its payment obligations. The security offered must be such that the claim, including any interest and costs due thereon, is adequately covered. In the event of any default, the customer shall furthermore be obliged, at Optimerce’s first request, to fulfil its payment obligations towards Optimerce in another manner acceptable to Optimerce. Optimerce shall at all times be entitled to refuse any method of payment proposed by the customer within the meaning of the foregoing.

10.4 The customer hereby grants Optimerce, now for then, a right of pledge over all goods that are placed in Optimerce’s possession by the customer in the context of the agreement, as additional security for all that the customer may owe to Optimerce, in whatever capacity and on whatever grounds, including non-due and conditional debts.

10.5 The customer’s refusal to provide the requested security shall entitle Optimerce to terminate the agreement, without prejudice to its right to claim compensation for any damages suffered.

10.6 In the event of liquidation, insolvency, (application for) bankruptcy or (application for) suspension of payments of the customer, all obligations of the customer shall become immediately due and payable.

10.7 Payments made by the customer shall always first be applied to settle all interest and costs due and subsequently to the outstanding invoices that have been due the longest, even if the customer states that the payment relates to a different invoice.

10.8 Set-off or suspension by the customer, on whatever grounds and under whatever designation, is expressly excluded.

10.9 If a (payment) discount, under whatever name, has been agreed, such discount shall only be claimable if the customer has complied with the conditions attached thereto and has fully and timely fulfilled all other (payment) obligations arising from the agreement towards Optimerce.

Article 11 Warranty and Liability

11.1 Optimerce warrants that the goods delivered by it are suitable for the purpose for which such goods are evidently and recognisably supplied. Optimerce further warrants that the products delivered by it are free from design, material and manufacturing defects for a period of at least two (2) years after delivery.

11.2 The warranty period shall commence on the date of purchase.

11.3 The warranty shall not apply in the event of: normal wear and tear; improper or inappropriate use; insufficient maintenance; failure to observe operating and maintenance instructions; improper installation or repair (without Optimerce’s prior written consent) by third parties; improper repair by the customer; use of non-original parts by the customer; processing or modification of the goods; improper storage of the goods; and, in general, in all cases where the level of care exercised falls short of what Optimerce may reasonably expect from an alert and careful customer. The warranty shall also not apply if it appears that the goods delivered have not been handled in accordance with the instructions provided at commissioning or are not used for the purpose for which they were purchased.

11.4 The warranty does not apply to normal consumables, batteries, external connection cables, or (replaceable) signal and lighting bulbs.

11.5 If the goods do not comply with the warranty referred to in paragraph 1 of this article, the customer shall, during the warranty period, be entitled to repair of the goods. Optimerce may choose to replace the goods if repair proves impracticable. Repair and replacement shall only take place within the Netherlands. Shipping costs for a defective product shall be borne by Optimerce if Optimerce has determined that a defect covered by the warranty scheme exists. The customer shall only be entitled to replacement if, in Optimerce’s opinion, repair is not possible or cannot reasonably be required of Optimerce.

11.6 In the event of replacement of the goods as referred to in the preceding paragraph, the original purchase or invoice date shall remain applicable. Replacement of the goods shall in no event result in an extension of the original warranty period.

11.7 If Optimerce is not given sufficient opportunity to remedy a defect in or in connection with the delivered goods, all costs arising therefrom shall be borne by the customer.

11.8 Any alleged failure by Optimerce to comply with its warranty obligations shall not relieve the customer of its obligations arising from any agreement concluded with Optimerce. If the customer fails to comply, fails to properly comply, or fails to timely comply with any obligation arising from an agreement concluded with Optimerce or a related agreement, Optimerce shall not be bound by any warranty obligations.

Article 12 Aftercare; Inspections

12.1 Optimerce must be given the opportunity, if so desired, to take damage-mitigating measures if it fails to properly perform any obligation resting upon it.

12.2 If Optimerce is not given sufficient opportunity to remedy a defect that arises, all costs resulting therefrom shall be borne by the customer.

12.3 If the performance of inspections is agreed or, at Optimerce’s discretion, deemed desirable, the customer shall provide all cooperation required by Optimerce.

12.4 Unless otherwise agreed, inspections shall be at the expense of the customer.

Article 13 Liability and Force Majeure

13.1 Optimerce shall not be obliged to compensate any damage resulting from a failure in the performance (of whatever nature and arising from whatever cause, whether relating to the goods delivered or damage caused by the delivered goods to persons, whether or not employed by the customer, or to property, whether or not belonging to the customer, used in or present at the customer’s business) of any obligation or from any unlawful act, if such failure cannot be attributed to Optimerce. This shall be the case if the failure is not due to its fault, nor to a cause for which it is accountable by virtue of law, legal act or generally accepted standards. In such case, the agreement may not be terminated by the customer.

13.2 Optimerce accepts no liability whatsoever for defects in the performance of the agreement caused by the fault or actions of the customer or of third parties for whom the customer is responsible. Furthermore, Optimerce shall not be liable for damage arising from the execution by Optimerce’s employees of instructions, advice or orders of the customer that fall outside the scope of the agreed assignment, unless the customer proves that such damage is due to wilful misconduct or gross negligence.

13.3 Optimerce shall only be liable for non-performance, improper performance or partial improper performance of the agreement, as well as for advice given or investigations carried out, insofar as such liability is the direct result of wilful misconduct or gross negligence on the part of Optimerce’s executive management.

13.4 Without prejudice to the other provisions of this article, if Optimerce is obliged to compensate damage to the customer on the basis of an attributable failure, Optimerce shall be entitled, at its discretion, either to remedy the defect in kind or to replace the goods that were not properly delivered, or to provide monetary compensation.

13.5 The obligation to compensate damage shall in no event extend to loss of turnover or any other business loss and/or consequential damage.

13.6 The obligation to compensate damage shall in all cases be limited to a maximum of crediting the portion of the invoice amount already paid by the customer (exclusive of VAT) relating to the part that has not been performed or has been improperly performed.

13.7 In any event, Optimerce shall never be liable for damage of whatever nature insofar as such damage exceeds the amount paid out by its insurance in the relevant case (less any deductible payable by Optimerce), and in any event such liability shall be limited to a maximum of EUR 500,000.

13.8 Managers, partners, directors, employees and other persons involved with Optimerce may invoke the same defences against the customer as Optimerce itself may invoke for the purpose of avoiding or limiting liability, insofar as they are addressed by the customer.

13.9 A situation of non-attributable failure as referred to in paragraph 1 of this article (also referred to as “force majeure”) shall in any event include circumstances that prevent performance of the agreement and that cannot be attributed to Optimerce by virtue of law, legal act or generally accepted standards. Such circumstances shall include, but are not limited to: strikes of any nature within Optimerce’s business or within the businesses of its suppliers or transport companies engaged by Optimerce; a general shortage of required raw materials or other goods or services necessary for the agreed performance; unforeseeable stagnation at suppliers or other third parties on whom Optimerce depends; general transport problems; extreme and/or unsuitable weather conditions; war or threat of war; contamination or risk of contamination; illness of personnel; malfunctions of machinery used by Optimerce or involved third parties; any failure by suppliers or involved third parties; delayed delivery of components; government measures; as well as any delay or lack of capacity at Optimerce resulting from the aforementioned circumstances.

13.10 Optimerce shall also be entitled to invoke force majeure if the circumstance preventing (further) performance arises after Optimerce should have fulfilled its obligation.

13.12 During force majeure, Optimerce’s delivery and other obligations shall be suspended. If the period during which performance by Optimerce is prevented due to force majeure lasts longer than two (or three) months, both parties shall be entitled to terminate the agreement, without any obligation to compensate damages. Termination shall take place by means of a written statement.

13.13 If, at the time force majeure occurs, Optimerce has already partially fulfilled its obligations or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or deliverable separately, and the customer shall be obliged to pay such invoice as if it concerned a separate agreement. This shall not apply if the part already delivered or deliverable has no independent value.

Article 14 Indemnification

If Optimerce is held liable by a third party for any damage or any part thereof for which Optimerce would not be liable under the agreement or these terms and conditions if such damage had been suffered by the customer, the customer shall fully indemnify Optimerce in respect thereof and shall reimburse Optimerce for all amounts that Optimerce is required to pay to such third party. The customer shall also be obliged to indemnify Optimerce against damage resulting from and/or caused by fines, claims, penalty payments and other measures imposed by governmental authorities. These indemnification obligations of the customer shall also apply to Optimerce’s managers, partners, directors, employees and other persons involved with Optimerce.

Article 15 Termination of the Agreement

15.1 If the customer fails to fulfil its obligations towards Optimerce, fails to do so in a timely or proper manner, or if the customer is declared bankrupt, applies for suspension of payments or statutory debt restructuring, offers a settlement or composition to its creditors or any part thereof, if attachment is levied on its assets or any part thereof, if the customer proceeds to sell or liquidate its business, or in the event of death, placement under guardianship, or if the customer otherwise loses control or management over its business, affairs or any part thereof, Optimerce shall be entitled, without any notice of default and without being liable to pay any compensation to the customer, to suspend further performance of the agreement or to terminate the agreement in whole or in part. Optimerce shall at all times be entitled in such case to claim damages from the customer and to repossess the goods delivered.

15.2 In the event that the customer wishes to terminate the agreement, the customer shall at all times first place Optimerce in default in writing and grant Optimerce a reasonable period to still fulfil its obligations or remedy any shortcomings, which shortcomings the customer must describe in detail.

15.3 In the event of termination of the agreement as referred to in paragraph 1, any claim that Optimerce has against the customer, on whatever grounds, shall become immediately due and payable in full.

Article 16 Trademarks, Trade Names and Copyright

16.1 The customer shall only be entitled to use trade names, trademarks and packaging used by Optimerce in the course of trade with the express consent and in accordance with the instructions of Optimerce.

16.2 With regard to quotations, drawings and designs, Optimerce expressly reserves all copyright. These may not be made available for inspection by third parties without Optimerce’s consent.

Article 17 Multiple Customers; Multiple Signatories

In the event that several customers have jointly entered into an agreement, or several persons have signed an agreement with Optimerce, each of them shall be jointly and severally liable for all obligations of the customers arising from that agreement.

Article 18 Jurisdiction and Applicability of Dutch Law

18.1 All disputes, including those concerning the applicability of these terms and conditions, shall be submitted exclusively to the competent civil court in the Netherlands, within the judicial district in which Optimerce is established. Optimerce shall, however, also be entitled, at its discretion, to submit disputes to another court that is legally competent.

18.2 Dutch law shall apply to all quotations, offers, acceptances and agreements.

18.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 (Treaty Series 1986, 61) shall not apply and is hereby expressly excluded.

18.4 It may always occur that something does not go entirely as planned. We therefore recommend that you first make any complaints known to us by emailing  contact@optimerce.nl. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. As of 15 February 2016, consumers in the EU also have the option to submit complaints via the Online Dispute Resolution (ODR) platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to submit your complaint via the platform of the European Union.

Article 19 Amendment of Terms and Conditions

Optimerce shall be entitled to amend these terms and conditions. Such amendments shall enter into force on the announced effective date and shall replace any previous general terms and conditions of Optimerce. Optimerce shall provide the amended terms and conditions to the customer in a timely manner. If no effective date has been announced, the amendments shall take effect vis-à-vis the customer as soon as the customer has been notified of the amendment. These general terms and conditions have been filed with the Chamber of Commerce in Roermond under number 69795614.