0
Your Cart
0
Your Cart

General Terms and Conditions

Table of Contents:

Article 1 – Definitions

In these terms and conditions, the following terms are defined:

  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
  • Day: calendar day.
  • Continuing performance contract: a distance agreement 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 means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the consumer’s ability to cancel the distance agreement within the cooling-off period.
  • Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which the consumer can fill in when he wishes to exercise his right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
  • Distance agreement: an agreement in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement exclusively through one or more techniques for communication at a distance.
  • Technique for communication at a distance: a means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space simultaneously.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Thijs van Waveren

Thomas a kempisstraat 138

3132CK Vlaardingen

Email address: info@odd-allies.com

VAT number: NL004962462B13

Chamber of Commerce (KVK) number: 92582672

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are destroyed at any time, the agreement and these conditions will remain in force for the rest and the provision in question will be replaced in consultation as soon as possible by a provision that approaches the scope of the original as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes.
  • any costs of delivery.
  • the way in which the agreement will be concluded and which actions are necessary for this.
  • whether or not the right of withdrawal applies.
  • the method of payment, delivery, and execution of the agreement.
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • whether the agreement is archived after it is concluded, and if so, how it can be consulted by the consumer.
  • the possible languages in which, in addition to Dutch, the agreement can be concluded.
  • the codes of conduct to which the entrepreneur is subject 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 continuous transaction. Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provision in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

The entrepreneur can, within the limits of the law, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated, or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the entrepreneur’s business where the consumer can go with complaints. 

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

c. the information about guarantees and existing after-sales service.

d. the price including all taxes on the product, service or digital content where applicable, the delivery costs and the method of payment, delivery, or implementation of the distance agreement. 

e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite. 

f. if the consumer has a right of withdrawal, the model withdrawal form.

In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer.

During the cooling-off period, the consumer will handle the product and the 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 with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to report this to the entrepreneur within 14 days after receiving the product. The consumer must report this by means of the model withdrawal form. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, and the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. Provided that the entrepreneur has received the returned product or conclusive proof of complete return, the refund will be made via the same payment method used by the consumer unless the consumer agrees to another method.

If the product is damaged by careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer’s specifications. 

b. that are clearly of a personal nature.

c. that cannot be returned due to their nature.

d. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

Article 9 – Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions.

or 

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Returning the products must be done in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the factory warranty period. The entrepreneur 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.

The warranty does not apply if:

a. The consumer has repaired and/or modified the delivered products himself or has them repaired and/or modified by third parties.

b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging.

c. The inadequacy in whole or in part is the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative unless expressly agreed otherwise.

Article 12 – Payment

The consumer can choose from the following payment methods: iDeal.

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 (1).

The consumer has the duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.

In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 13 – Complaints Procedure

Complaints can be submitted by the consumer via an email to the entrepreneur.

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 14 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

If a dispute arises between the entrepreneur and the consumer that cannot be resolved by mutual agreement, the dispute will be submitted to the competent Dutch court in the district where the entrepreneur is established, unless the entrepreneur prefers to submit the dispute to the competent court of the consumer’s place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.

Back to top