The terms and conditions below are to be applied to the use of this website and services by Olamana Fashion . By using this website and/or buying products from us through our website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website.
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ‘Olamana Fashion.’
In these terms and conditions is understood by:
- 1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
- 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 for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers;
- Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more remote communication techniques are used;
Olamana Fashion is a subsidiary of Co-lectiv holding. This European company is registered with the Dutch Chamber of Commerce in The Hague (NL/EU).
Co-lectiv Holding
KVK 63081202
VAT NL001637225B27
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service 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 that is most convenient for him in the event of conflicting terms and conditions. is favorable.
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- Within legal frameworks, the entrepreneur can inform himself 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 contract. 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 with reasons or to attach special conditions to the implementation.
- The entrepreneur will send the following information to the consumer at the latest when the product, service or digital content is delivered, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product. For services and digital content that is not provided on a tangible medium:
- The consumer may terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that is not delivered on a material medium in the event of not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire one month after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within one month after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
- During the reflection 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 determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8. Excercise of the right of withdrawal by the consumer
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the contact formor in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The return conditions and other conditions as written on the “Return and exchange” page apply to our sales and deliveries.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: prior to the delivery thereof, he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period; he has not acknowledged to lose his right of withdrawal when granting his consent; or the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product in case of production errors or delivery of the wrong product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- If the consumer buys different sizes of the same product and returns only part of the order, the entrepreneur may descide to reimburse the payment from the consumer, excluding any delivery costs. In this case, the delivery costs are at the expense of the consumer.
- If the consumer returns only part of a order made. The entrepreneur will reimburse the payment from the consumer only for the products that are returned to the entrepreneur. In this case, the delivery costs are at the expense of the consumer.
- The entrepreneur preferably, uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. If the entrepreneur is not able to use the same payment method, he will refund via bank transfer or paypal and notify the consumer prior to doing this.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
For hygienic reasons, these products are excluded from our return service if the seal is broken:
- Swimwear
- Wetsuits
- Underwear
- Socks and tights
The following products are also excluded from our return service:
- Customized or personalized products
- Gift certificates and cards
The entrepreneur reserves the right to refuse returns or to refund only part of the amount paid if it is suspected that the items have been worn, they do not meet the return conditions or if the return period has expired. Unfortunately, the consumer cannot invoke your right of withdrawal for custom-made or personalized orders and sales items. Unless it is a manufacturing defect, the consumer cannot return these items to us. When these items have a manufacturing defect, the consumer can return these items to the entrepreneur and repairs will be made.
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to 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, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
- The prices stated in the offer of products or services include VAT when stated on the invoice. If no VAT is described on the invoice, the entrepreneur makes use of the “Kleine ondernemingsregeling” (KOR) of the Dutch government. In this case, the entrepreneur is legally not allowed to charge VAT.
- 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 statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
- The legal guarantee applies to all items that you buy from us. Legal guarantee means that a product is or must do what the consumer can reasonably expect from it. Some products also come with a manufacturer’s warranty. This warranty does not affect the legal warranty.”
- An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the obligations. the agreement.
- The entrepreneur will take the greatest possible care when receiving and executing 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 entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be 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 dissolve the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
- Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the cooling-off period. agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
- 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 submitted fully and clearly described to the entrepreneur within a reasonable time 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 30 days to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be send to klantenservice @olamana.eu
This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute as advice.
We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.
Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
All copyright featured or displayed on the website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website , the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All of our trademarks, service marks and trade names used herein (including but not limited to the words marked “Olamana” are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
We undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.
We may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive.
We do not currently require our users to register in order to access our website, but reserve the right to do so in the future. Should we implement a registration process we will of course commit to comply with any privacy legislation applicable at the time in respect of your user information.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
We reserve the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered.