Terms & Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration Trades: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 1 - Definitions
In these terms and conditions shall apply:
Reflection time: The period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Day: Calendar;
Length Transaction: A remote agreement with regard to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
Durable medium: Any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The ability for the consumer to waive the distance contract within the cooling-off period;
Model Form: The revocation model form that the entrepreneur makes available for a consumer to use his right of withdrawal.
EntrepreneurThe natural or legal products and / or remote services and consumer services;
Distance contractMeans an agreement made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
Technology for distance communication: Means that can be used to conclude an agreement without the consumer and the entrepreneur coming together in the same space.
Terms & Conditions: The present terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Ovulay BV
Poorterij 24, 4141AV, Leerdam
Email address: Info@ovulay.com
Chamber of Commerce: 87877546
VAT identification number: NL864434728B01
Article 3 - Applicability
These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
In the event that specific product or service and terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. is most favorable.
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.
Article 4 - The offer
If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
Images on products are a true and fair view of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in the
special:
The price including taxes;
The possible shipping costs;
The manner in which the agreement will be established and what action is required for this purpose;
Whether or not it applies to the right of withdrawal;
The manner of payment, delivery and execution of the agreement;
The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
Any other languages in which, in addition to the Dutch, the agreement can be concluded;
The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
The minimum duration of the remote agreement in case of a long-term transaction.
Article 5 - The contract
The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
The entrepreneur can - within the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound 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 or to attach special conditions to the implementation.
The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
- The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the opportunity to dissolve the agreement without notice for reasons during 14 days. This term will expire on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur.
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.
When the consumer wishes to withdraw his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. To inform the consumer through the model form. After the consumer has announced that he wants to withdraw his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.
On delivery of services:
When providing services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- which have been created by the supplier to the consumer's specifications;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or become obsolete;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- For audio and video recordings and computer software that the consumer has broken the seal.
- For hygienic products whose consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
- Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
- Regarding bets and lotteries.
Article 9 - Price
During the period of validity of 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.
Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 - Conformity and Guarantee
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 existing provisions on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty term. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
The products delivered to abnormal conditions have been exposed or otherwise treated with care or contrary to the instructions of the entrepreneur and / or treated on the package;
The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepeneur 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 informed to the company.
Considering what is stated in paragraph 4 of this article, the company will execute accepted orders at an accelerated speed, but not later than 30 days, unless consumers agree with a longer delivery period. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.
In case of dissolution pursuant to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Trades: duration, termination and renewal
Termination
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
Terminate at all times and not be restricted to termination at a particular time or in a certain period;
At least terminate in the same manner as they have been incurred by him;
Always terminate with the same notice period as the entrepreneur has undertaken for himself.
Extension
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term as referred to in article 6 member 1. In the event of an agreement to provide a service, this period will be accepted after the consumer has received the confirmation of the agreement.
The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 14 - Complaints
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
In the event of complaints, a consumer should first of all turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (HYPERLINK "http://ec.europa.eu/odr"http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
The Vienna Sale Convention does not apply.