1.1 These are the general terms and conditions of:
Olamana
Damasstraat 124
2522TX Den Haag
Nederland
E klantenservice@olamana.eu
KVK 63081202
BTW-nummer NL001637225B27
1.2 To keep these terms and conditions easy to understand, the following terms have a fixed meaning:
Concept: | Meaning: |
Consumer | The Customer acting for purposes outside their trade or professional activity |
Right of withdrawal | The right of a consumer to dissolve a distance contract or an off-premises contract without giving reasons, as referred to in Article 230o of the Dutch Civil Code. |
Customer | Anyone (including legal entities) who enters into an Agreement with the Webshop; |
Agreement | Any contractual relationship between De Webwinkel and the Customer; |
Webshop | The party named in Article 1.1. |
1.3 In these general terms and conditions, the Webshop and the Customer are collectively referred to as “We” or “Us”.
The terms “You” and “Your” refer to the Customer.
2.1 These general terms and conditions apply to every offer made by the Webshop and to every agreement between You and the Webshop. Any general terms and conditions used by You do not apply. This applies only if the Webshop has expressly confirmed otherwise to You in writing.
2.2 If any part of these general terms and conditions is ‘void’ or ‘voidable’, all other provisions remain in effect. In that case, we will agree on new terms to replace the void or voidable provisions. The intent of the new provision(s) must reflect the intent of the original provision(s) as closely as possible.
2.3 If the Agreement states something different from these General Terms and Conditions, the provisions of the Agreement shall prevail. This allows us to make arrangements that deviate from these General Terms and Conditions. However, any arrangements deviating from these General Terms and Conditions shall only apply if the Webshop has confirmed them to you in writing and expressly.
3.1 Any offer made by De Webwinkel is non-binding and may be accepted by you within the period specified in the offer. If you fail to do so, the offer lapses. If no period is specified, a period of 14 days applies. It is not possible to accept or reject only part of an offer from De Webwinkel; in such a case, the (entire) offer lapses.
3.2 The Online Store ensures that any offer contains an accurate and complete description of the products and/or (digital) content and services to which the offer relates. If the offer includes graphic elements (such as images or videos), these provide a true representation of those products and/or (digital) content and services.
3.3 If an offer contains an obvious mistake or error (such as a typo or calculation error), the Webshop is not bound by the offer.
4.1 You have an Agreement with the Webshop from the moment You accept the Webshop’s offer and satisfy the requirements specified by the Webshop in connection with that offer. You will receive confirmation of this from the Webshop within a reasonable period after the conclusion of the Agreement—in any event upon delivery of the goods or before the service is performed. That confirmation contains:
– all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless you have already received this from the Webshop on a durable data carrier prior to the conclusion of the Agreement; and
– where applicable: the confirmation of the express prior consent and the declaration referred to in Article 230p, point (g), of the Civil Code;
You may terminate the Agreement as long as you have not yet received the aforementioned confirmation.
4.2 The Webshop makes every effort to execute the Agreement as carefully and promptly as possible and to deliver the orders placed by You as quickly as possible. In any event, the Webshop will do so within 30 days of the Agreement being concluded, unless a different delivery period has been agreed upon. If the Webshop is unable to deliver within that period, You may dissolve the Agreement.
4.3 Deliveries are made to the address you have provided to the Webshop. If that address is located outside the Netherlands, the Webshop has the right to refuse your order without being liable for any compensation.
4.4 The Webshop carefully selects the person within its organization to execute the Agreement. The Webshop may also engage third parties for this purpose, such as subcontractors and/or auxiliary staff. The Webshop will inform You in advance of the party it engages to deliver ordered products. If products are lost or damaged during such delivery, the risk is borne by the Webshop. This applies unless You have expressly agreed otherwise with the Webshop.
4.5 You must timely provide the Webshop with all data that the Webshop has indicated is necessary for the performance of the Agreement, or that you should reasonably understand to be necessary. If you fail to do so, the Webshop may, among other things, suspend performance of the Agreement. In addition to the right to suspend the Agreement, the Webshop may (continue to) exercise any other rights it may have.
5.1. Are you a Consumer? In that case, the prices and rates stated by the Webshop include surcharges, levies, and taxes (such as VAT) as well as additional costs (such as any shipping and administrative costs). If you are not a Consumer,
the general rule is that prices are stated exclusive of VAT and other levies, unless expressly stated otherwise alongside the price.
5.2. The Webshop may offer products and/or services at variable prices if their price is subject to fluctuations in the financial market(s) over which the Webshop has no control. In such cases, the Webshop will clearly indicate this alongside the price.
5.3. The Webshop reserves the right to implement price changes within three months of the conclusion of the Agreement, insofar as these result from changes in legislation or regulations. If more than three months have elapsed since the conclusion of the Agreement, the Webshop also reserves the right to pass on to You any increases in delivery, transport, shipping, call-out, and administrative costs.
5.4. If you are a Consumer, you have the right to terminate the Agreement in the event of the price increases referred to in Article 5.3. If you are not a Consumer, you only have the right to terminate the Agreement if the increase exceeds 5% of the agreed total price, unless the Webshop offers to bear the price difference (to the extent that it exceeds the aforementioned 5%) itself.
6.1. You are required to pay invoices from the Webshop within 14 days of the conclusion of the Agreement, unless You have agreed otherwise with the Webshop. If You are a Consumer, the Webshop may not, by law, require You to pay more than 50% of the price in advance.
6.2. If you are a consumer, you will only be in default regarding the fulfillment of payment obligations if the Webshop has served you with a notice of default and granted you a reasonable period of at least 14 days (commencing on the day following receipt of said notice) to fulfill your payment obligations, and you have failed to pay within that 14-day period. In that event, you are also liable for statutory interest and reimbursement of extrajudicial collection costs. The extrajudicial collection costs amount to (subject to a minimum of €40.00):
– 15% on outstanding amounts up to €2,500;
– 10% on the next €2,500;
– 5% on the next €5,000;
– 1% on the next €190,000;
– 0.5% on the remainder.
6.3. If you are not a Consumer, you may not set off, suspend, or reduce payments to the Webshop, and you are automatically in default if you fail to make a payment to the Webshop on time. In such a case, the Webshop also has the right to charge statutory commercial interest from the invoice due date until the date of full payment. The Webshop is not required to issue a payment demand or a formal notice of default prior to doing so. The Webshop may also (continue to) exercise any other rights it may have against you.
6.4. Payments made by you are first applied against outstanding interest and costs, and subsequently against the due invoices that have been outstanding the longest.
6.5. In the event of the liquidation, dissolution, bankruptcy, or suspension of payments of the Customer, and if the Customer loses the free management or free disposal of its assets in whole or in part, the Customer’s (payment) obligations shall become immediately due and payable.
7.1. The Webshop ensures that the products and/or services it supplies to you comply with the Agreement. This means, among other things, that the products and/or services meet the expectations you could reasonably have based on the nature of the goods and the statements made by the Webshop regarding them—for example, concerning the quantity, size, and/or weight of a product. Furthermore, the products and/or services supplied by the Webshop comply with the laws and regulations applicable at the time the Agreement is concluded. If you are not a Consumer, the Webshop may make different or additional arrangements with you.
7.2. If you are a consumer, any additional warranties provided to you by the Webshop shall never limit your statutory consumer rights. You may therefore always exercise your statutory (consumer) rights.
8.1. Intellectual property rights—including copyrights—regarding all offers, designs, images, drawings, and models provided to you by the Webshop remain the property of the Webshop, unless the Webshop has expressly agreed otherwise with you in writing. Documents, data, and materials provided to you by the Webshop are intended solely for use by you as the Customer; you may not reproduce, disclose, or share them with third parties without the prior written consent of the Webshop, unless the nature of said documents, data, and materials dictates otherwise.
9.1. If you are a consumer and the contract is a distance contract or an off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), you may exercise the right of withdrawal. This means that you may dissolve the contract without giving any reason within a period of 14 days. This 14-day period commences
at the following times:
a. in the case of an agreement for the purchase of a movable good: on the day on which you, or a third party designated by you (other than the carrier), have received the product, unless:
– The same order consists of multiple items that are delivered separately, or the delivery consists of several shipments or parts. In that case, the relevant date is the day on which the last item, shipment, or part is received by you or by a third party designated by you (other than the carrier);
– the Agreement provides for the regular delivery of products over a specific period, in which case the relevant date is the day on which the first item is received by You or a third party designated by You (other than the carrier);
b. for a contract for the provision of services: On the day the Agreement is concluded.
c. in the case of a contract for the supply of water, gas, or electricity—where these have not been put up for sale in a limited volume or a specific quantity—or for the supply of district heating or digital content not supplied on a tangible medium: on the day the Agreement is concluded.
9.2. To exercise the right of withdrawal, you must inform the Webshop via an unequivocal statement that you are exercising the right of withdrawal. You may use the withdrawal form provided by the Webshop for this purpose. The withdrawal form is also included as an attachment to these General Terms and Conditions. You must send the statement before the period referred to in Article 9.1. has expired.
9.3. If you have not yet received the withdrawal form from the online store, the 14-day period referred to in paragraph 1 of this article is extended until the moment you (finally) receive the withdrawal form, but by no more than twelve months.
9.4. If you exercise the right of withdrawal, you must:
– to handle any items received, as well as their packaging, with care. You may only unpack or use such items (products) to the extent necessary to establish their nature, characteristics, and functioning. If you handle the item in any other way, you are liable for any resulting depreciation in the item’s value, unless the Online Store failed to provide you with all legally required information regarding the Right of Withdrawal prior to or at the time of concluding the Agreement;
– return the item (the product) to the Webshop within 14 days, calculated from the day following the day on which you made the statement referred to in Article 9.2. You shall bear the direct costs of returning an item, but only if the Webshop informed you of this prior to the conclusion of the Agreement.
– to return the item, as far as possible, with all supplied accessories, in its original condition and packaging, and in accordance with the instructions that the online store has clearly and reasonably provided to you.
9.5. If You exercise the right of withdrawal, the Agreement is dissolved. This also applies to any ancillary agreements. In that case, the Webshop will refund the payments You have made to the Webshop, including any costs (such as delivery costs). The Webshop will do so no later than 14 days after the day on which You made the statement referred to in Article 9.2.
9.6. You bear the risk and the burden of proof regarding the correct and timely exercise of the right of withdrawal.
10.1. If you are not a Consumer, you may not exercise the right of withdrawal. This applies even if you have received a withdrawal form.
10.2. If you are a Consumer, you may not exercise the right of withdrawal—notwithstanding Article 9—if:
– the Online Store has excluded the right of withdrawal, and
– the Online Store has clearly informed You, prior to the conclusion of the Agreement, about the exclusion of the right of withdrawal, and
– the excluded right of withdrawal relates to
– an Agreement where the price of the goods or services is dependent on
fluctuations in the financial markets over which the Online Store has no
influence and which may occur within the withdrawal period;
– an Agreement where You have specifically requested the Online Store to
visit You to carry out urgent repairs or maintenance, with
the exception of:
– additional services that you have not expressly requested;
– the supply of items other than those necessary to carry out the maintenance
or repairs;
– an Agreement concluded at a public auction;
– an Agreement for the provision of services, following performance of the
Agreement, and insofar as the Agreement entails a payment
obligation for you, if:
– performance has commenced with your express prior consent; and
– you have declared that you waive the right of withdrawal once the
webshop has performed the Agreement;
– an agreement for the provision of services relating to the provision of
accommodation other than for residential purposes, the transport of goods,
car rental services, catering, and leisure activities, if the agreement
specifies a particular date or period for performance;
– a consumer purchase (as referred to in Article 5, paragraph 1, under a,
of Book 7 of the Civil Code) relating to:
– the supply of goods manufactured according to your specifications, which are not prefabricated and are produced based on an individual choice or decision made by you, or which are clearly intended for a specific person;
– the supply of goods that are liable to deteriorate or expire rapidly;
– the supply of goods that are not suitable for return
for reasons of health protection or hygiene
and whose seal has been broken after delivery;
– the supply of goods which, after delivery, are by their nature
irrevocably mixed with other goods;
– the supply of alcoholic beverages where the price has been agreed upon at the conclusion of a consumer sales contract, but where delivery can only take place after thirty days, and where the actual value depends on market fluctuations over which the Webshop has no control;
– the supply of audio and video recordings and computer software where the seal has been broken after delivery;
– the supply of newspapers, periodicals, or magazines, with the exception of a contract for the regular delivery of such publications;
– a contract for the supply of digital content not delivered on a tangible medium, insofar as performance has begun and the contract entails a payment obligation on your part, if:
– performance has begun with your express prior
consent;
– you have declared that you thereby waive your
right of withdrawal; and
– the Webshop has provided a confirmation as referred to in Article
230t paragraph 2 or Article 230v paragraph 7 of Book 6 of the Civil Code.
11.1. If the Agreement can be terminated, such termination must be effected in accordance with the termination rules and notice period agreed upon between You and the Webshop.
11.2. If You are a Consumer, the following rules and notice periods apply regarding termination. The Webshop may not deviate from these to the detriment of You as a Consumer:
– If the Agreement has been entered into for an indefinite period and involves the regular supply of goods—including electricity, heat, and cold—or the regular performance of services, you have the right to terminate the Agreement at any time.
– If the Agreement has been entered into for a fixed term and involves the regular supply of goods—including electricity, heat, and cold—or the regular performance of services, you have the right to terminate the Agreement at the end of that fixed term. However, if the Agreement has been tacitly extended, you may terminate it at any time.
– The notice period is a maximum of one month, unless the Agreement involves the regular supply of magazines, daily newspapers, news sheets, and/or weekly newspapers where delivery takes place less frequently than once a month. In that case, the notice period is a maximum of three months.
– If the Agreement has been entered into for a fixed term and involves the regular supply of goods—including electricity, heat, and cold—or the regular performance of services, the Agreement may not be tacitly extended or renewed for a fixed term, unless the Agreement concerns the regular supply of magazines, daily newspapers, news sheets, and/or weekly newspapers. In the latter case, the Agreement may be tacitly extended for a fixed term of up to three months, and you have the right to terminate the Agreement at the end of the extension period, subject to a notice period of no more than one month. – An agreement for the delivery of magazines, daily newspapers, news publications, and/or weeklies that is of limited duration and intended for introductory purposes (a trial subscription) shall not be tacitly renewed and shall terminate automatically (without notice of termination) at the end of the (limited) term of the agreement (the trial period).
– You may terminate any agreement with a term exceeding one year at any time after the first year, unless principles of reasonableness and fairness preclude termination prior to the end of the agreed term.
11.3. If you are not a Consumer, you may only terminate the Agreement if expressly stipulated in the Agreement and in accordance with the termination rules and notice periods specified therein.
12.1. The Webshop processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:
– the Webshop processes personal data only insofar as such processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);
– the Webshop implements appropriate technical and organizational measures to adequately secure the personal data it processes;
– the Webshop will share personal data with third parties only if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;
– personal data is not retained longer than necessary for the purposes for which it was collected, unless the Webshop is required by law to retain the data for a longer period;
– You have the right, among other things, to access, correct, or have deleted Your personal data, to have the processing restricted, to object to the processing, or—where applicable—to have the data transferred;
13.1. The Webshop has a clear complaints procedure in place. The Webshop handles every complaint in accordance with this complaints procedure.
13.2. If You have a complaint regarding the performance of the Agreement, You must submit it to the Webshop—fully and clearly described—within two months of discovering the defect.
13.3. The Webshop will respond within 14 days of receiving the complaint, whenever possible. If a complaint requires a longer processing time, you will receive an acknowledgement of receipt within the aforementioned 14-day period, stating at least an indication of when you can expect a more detailed response.
13.4. In the event of a complaint, you should always first contact the Webshop to see if it can offer you a suitable solution.
14.1. The Agreement is governed exclusively by Dutch law.
14.2. In addition to the option of using the complaints procedure described in Article 13, you may submit disputes to the courts. In such cases, the court in the district where the Webshop is established has exclusive jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration, unless a mandatory legal provision establishes the jurisdiction of a court in a different location.
Withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
– To:
Olamana
Damasstraat 124
2522TX, The Hague, Netherlands
info@olamana.eu
– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*)
– Ordered on (*)/Received on (*):
– Name(s) of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if this form is submitted on paper)
– Date:
