1 - GENERAL TERMS AND CONDITIONS E-COMMERCE
We greatly appreciate your choice to become a customer of ochama and enjoy our products and services! We hope every product we sell shall be of the highest quality. Of course, if you have bought a product that does not meet the highest quality or your expectations, we will be more than happy to solve this for you.
For the reason of keeping our planet beautiful and green, customers are more than welcome to return the product at the Pickup Shop, as this will be much faster and much more environmentally friendly. If you are not nearby the Pickup Shop, it is no problem! Please let us know via customer service, and we will guide you at our utmost haste.
These General Terms and Conditions are applicable to contracts with consumers (B2C) and contracts with customers, not being a consumer (B2B). These General Terms and Conditions are in addition to Dutch mandatory law protecting the rights of consumers, and are not in deviation thereof. In the event of a conflict between any provision of these general terms and conditions and Dutch mandatory law protecting the rights of consumers, the provision which is more favorable to the Consumer will prevail.
Please see details on the order process, payments, FAQs, delivery, complaints, and reviews from Ochama customer service portal by clicking hereARTICLE 1. DEFINITIONS
In these general terms and conditions, the following definitions apply:
After Sales Policy | the policy provided in Appendix 1 detailing conditions regarding returns and refunds of paid amounts; |
Account | the virtual account provided by ochama to a Customer; |
Consumer | a natural person who is not acting in the context of practicing a profession or carrying on a business; |
Contract | each and every agreement between ochama and the Customer, concerning the delivery of a Product to the Customer, as well as any change therein or amendment thereto, as well as any (legal) acts in preparation or execution of such agreement; |
Customer | any person or legal entity that places an order with ochama, with which ochama has concluded a Contract or with which ochama is in the process of discussing or negotiating the possible conclusion of a Contract or to which ochama has made an offer; |
Day | a calendar day; |
Distance Contract | a contract between ochama and the Consumer whereby, in the context of a system organised by ochama for the distance selling of Products and/or services, only one or more type(s) of distance communication is or are used up to and including the moment of conclusion of the contract; |
General Terms and Conditions | these general terms and conditions; |
ochama | the legal entity identified in Article 2 of these General Terms and Conditions and/or any legal entity or business affiliated therewith; |
Pickup Shop | establishment of ochama where Products can be collected and returned; |
Pickup Point | establishment of ochama`s service provider where Products can be collected; |
Products | any products and/or other items delivered or to be delivered by ochama to the Customer; |
Right of Withdrawal | the right that the Consumer has within the Withdrawal Period to cancel the Distance Contract; |
Special Terms and Conditions | the special terms and conditions regarding customer account and coupons; |
Standard Withdrawal Form | the European Standard Withdrawal Form included in Appendix II; |
Website | the website with the address https://www.ochama.com, or any other website of ochama including the online application (App); |
Withdrawal Period | the term within which the Consumer may exercise the Right of Withdrawal. |
ARTICLE 2. IDENTITY OF OCHAMA
2.1 Name of ochama: JINGDONG RETAIL (NETHERLANDS) B.V.
Business address: Da Vincistraat 5, 2652 XE Berkel en Rodenrijs, the Netherlands
Visiting address:
Vierhavensstraat 29, 3029 BB Rotterdam
Betaplein 22, 2321 KS Leiden
Diemerplein 204-206, 1111 JD, Diemen
Hammarskjoldhof 54, 3527 HE, Utrecht
Telephone number: +31 0 800 020 0269
Email address or other electronic communication means with the same functionality as email: support@ochama.com.
Chamber of Commerce number: 80456774
VAT identification number: NL 8616.78.370.B.01
ARTICLE 3. APPLICABILITY
3.1 These General Terms and Conditions apply to and form an integral part of every offer, quotation, proposal, order confirmation of ochama and any Contract between ochama and the Customer, including Distance Contracts, governing the legal relationship concerning the delivery of a Product by ochama to the Customer, unless ochama and the Customer have explicitly agreed in writing otherwise.
3.2 ochama requires that the Customer is registered in ochama by virtue of a valid Customer Agreement. Without a valid Account it will not be possible for the Customer to make use of the Website and/or to conclude a (Distance) Contract with ochama.
3.3 The Customer is advised to read these General Terms and Conditions carefully before entering into a Contract with ochama.
3.4 The Website and these General Terms and Conditions are available in Dutch and English and can be consulted and downloaded on the Website at the following address: www.ochama.com.
3.5 Customer accepts the applicability of the General Terms and Conditions through the sole fact of enquiring and/or ordering from ochama.
3.6 The applicability of purchase conditions or other (general) conditions of the Customer are explicitly excluded and rejected, unless these are accepted in writing by ochama in respect of any specific transaction.
3.7 ochama may subcontract any (part of the) performance under the Contract to a third party. ochama remains responsible to the Customer for the execution of the Contract, including for the performance by third parties in the same way as ochama would be under these General Terms and Conditions and the Contract as if ochama would have performed the Contract itself, unless the Customer has instructed the (use of the) third party.
ARTICLE 4. THE OFFER AND CONCLUSION OF A CONTRACT
4.1 All offers or quotations issued or made by ochama are without any obligation for ochama, unless stated otherwise in writing.
4.2 ochama is not bound by any offer or quotation if the Customer can reasonably understand that the offer or quotation, or a part thereof, contains a mistake or a clerical error.
4.3 Any offer or quotation, even if it is irrevocable, may be withdrawn by ochama, if the withdrawal reaches the Customer before or at the same time as the acceptance of the offer.
4.4 A Contract, as well as modifications and additions thereto, is concluded at the moment when accepted or confirmed in writing by ochama or after ochama started to perform the Contract.
4.5 If the reply to an offer by the Customer differs or contains additions, limitations or other modifications from the offer of ochama (whether or not the difference/addition/limitation/modification pertains to points of minor significance), ochama shall not be bound by the difference, additions, limitations or other modifications, unless ochama states explicitly otherwise in writing.
4.6 If ochama provides an offer or quotation consisting of a certain amount or range of Products, the quotation shall only apply if the Customer accepts the offer in full and takes delivery of the full range and number of Products. If the Customer only wants a part and/or not the complete number or range of offered Products, the price per Product shall be higher than a corresponding proportion of the quoted price, unless ochama stated explicitly otherwise in writing in its offer or quotation.
4.7 Documentation materials in or accompanying any offer or, quotation in any form, are, unless stipulated otherwise in writing, for information purposes only and shall not be binding to ochama. ochama will observe the utmost care in providing any statements of prices, numbers, sizes, weight, colours, pictures and/or other (technical) specifications of the Products. Documentation, samples, drawings or models shown or provided are only indications of the Products concerned, and the Customer cannot derive any rights therefrom. ochama does not guarantee the absence of any deviations. ochama makes a reservation with regard to in the branch usual margins.
4.8 Offers and quotations of ochama, and or any agreed deviations or additions thereto, do not automatically apply to future orders. The Customer cannot derive any rights from any offers, quotations and/or any agreed deviations or additions thereto, for other and/or future transactions.
4.9 Within the statutory parameters, ochama may ascertain whether the Customer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, ochama has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may apply special conditions to the execution of an order or a request.
4.10 In the event one or more Products are unavailable once the order has been placed, ochama will inform the Customer as soon as possible. The price of the order will be recalculated, and the Customer will debited the new amount, with the price of the unavailable item deducted. In case the Customer already made a payment, ochama will refund the excessive amount without undue delay.
4.11 The Customer is solely responsible for the correct and complete provision of information necessary for ochama to accept and complete the order, including but not limited to information about Customer`s address, payment details and Contract information and the timely supply thereof. ochama cannot accept any liability for any error or inaccuracy in a customer`s order.
ARTICLE 5. TERMS OF DELIVERY
5.1 The delivery time commences on the date the Contract is effectuated. If ochama requires data or other information for the execution of the Contract that needs to be provided by Customer, the delivery time shall not commence until the Customer has provided to ochama all required data or information, if this is later than the date of effectuation of the Contract.
5.2 At all times, ochama shall be entitled to deliver the Products in instalments. In the event of a delivery in instalments, ochama shall be entitled to invoice each partial delivery separately.
5.3 The Product can be sent by ochama to the Customer or be picked-up by the Customer at the location agreed when concluding the Contract.
5.4 If the Product is to be delivered by ochama at the address of the Customer, the delivery location is the address that the Customer has made known to ochama. ochama delivers in the Netherlands, Belgium, Germany and France. ochama reserves the right to suspend or cancel the order if a delivery address has been submitted which is not located in the Netherlands, Belgium Germany, and France.
5.5 With regard to Customers, not being Consumers, delivery of the Products shall be at Ex Works (EXW) warehouse ochama in the Netherlands, in accordance with the most recent Incoterms of the International Chamber of Commerce in force at the time when the Contract is concluded, unless ochama and Customer agreed otherwise. Delivery shall be deemed to have taken place at the time where the Products are made available to the Customer. Unless parties agreed otherwise in writing, all Products shall be transported for the account and risk of the Customer, even if ochama has arranged the transport and/or where the dispatch is made carriage paid.
5.6 If the Customer, not being a Consumer, fails to collect the Products in full or in time or fails to provide information or instructions necessary for the delivery, (i) the Customer shall be in default without any notice of default being required and (ii) ochama is entitled to store the Products at the expense and risk of the Customer or to sell them to a third party.
5.7 In case it concerns a Distance Contract, the following will apply. Taking into consideration Article 4 of these Conditions, ochama will endeavor to implement accepted orders with efficient expedition, though at the latest within thirty (30) Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Consumer will be informed about this. In this case, the Consumer has a right to rescind the Contract free of charge.
5.8 ochama may make a self-pickup counter (Self Pickup Counter) or a Pickup Point available for the delivery of Products to the Customer. The Customer is entitled to choose Self Pickup if such service is available, which will be shown on the page of ordering process. The following conditions apply to the use of the Self Pickup Counter and Pickup Points:
The Customer will receive a notification when the Products are ready for collection by the Customer by means of the Self Pickup Counter or the Pickup Point (Pickup Notification).
The risk of the Products passes from ochama to the Consumer as soon as he has received the products. From this moment on, the Consumer bears the responsibility for the Products and Ochama cannot be held liable for any loss or destruction of the Products.
ochama has the right to cancel the order in case the order has not been collected by the Customer within the timeslot chosen by the Customer when ordering the Product. If Customer has not collected Perishable goods within opening hours of the Pickup Point on the date and place chosen by Customer due to Customer`s reason, ochama has the right to cancel the order and charge a cancellation fee considering the perishable nature of such goods. If not collected on time, such Perishable goods will be wasted and can not be resold. Therefore, Customers will not receive a (full) refund for this type of Order in this case.
The Products that are collected by the Customer may not be returned by means of the Self Pickup Counter. Products may be returned in accordance with the return policy stipulated in the various applicable conditions and policies.
The Customer shall use the Self Pickup Counter in accordance with the instructions displayed on the Self Pickup Counter. The Customer shall in any event:
Not climb on the Self Pickup Counter;
Not damage the Self Pickup Counter, by using force or in any other way;
Not place any goods in the Self Pickup Counter;
Keep children and pets close when using the Self Pickup Counter and prevent children and pets from climbing on the Self Pickup Counter or in any container which is part of it;
Not place any items in front of or close to the Self Pickup Counter that may interfere or in any other way hinder the functioning of it.
To the extent permitted by law, ochama cannot be held liable by the Customer for the Self Pickup Counter or the Pickup Point not functioning properly (irrespective of the reason thereof i.e., power cut, flood, other internal or external causes) and/or for any possible damages the Customer suffers as a result of the use of the Self Pickup Counter.
Please see more details about our delivery service from the customer service portal here.ARTICLE 6. PRICES
6.1 All prices for the Products presented on the Website or otherwise, are in Euros, net cash, without reduction and are inclusive of VAT, unless stated otherwise by ochama in writing. Prices do not include shipping charges, which are invoiced in addition to the prices of the Products.
6.2 ochama is entitled to modify the indicated prices at any time, before the conclusion of the Contract.
6.3 All cost estimates issued by ochama shall be merely indicative, except where specified otherwise in writing by ochama.
6.4 If a Contract is entered into and no definite price has been agreed upon, the Contract will be executed at the prices for the Product which are valid at the time of the conclusion of the Contract.
6.5 Any changes in factors affecting the price for the Products after the conclusion of the Contract will be recharged by ochama to a Consumer, even if parties agreed upon a fixed price, provided that such changes are the result of statutory regulations or stipulations; and the Customer is authorized to terminate the Contract on the day on which the price increase takes effect.
6.6 Any changes in factors affecting the price for the Products or ochama`s additional costs, including, but not limited to purchase prices, exchange rates, import and export duties and other levies due upon import or export, insurance rates, freight rates and other levies or taxes after the conclusion of the Contract will be recharged by ochama to a Customer, not being a Consumer, even if parties agreed upon a fixed price. In case the consequence of this provision causes a price increase of more than 10% within three months after the conclusion of the Contract, the Customer has the right to cancel the relevant parts of the Contract by registered mail within five (5) Days upon notification of the price increase without being entitled to any damage compensation.
6.7 A Customer, not being a Consumer, shall indemnify ochama against all damage, loss and/or cost that may ensue for ochama from the fact that the Customer is not properly registered for VAT or similar tax purposes and/or that the Customer has issued incorrect data or has not on time issued data to ochama.
ARTICLE 7. PAYMENT
7.1 Insofar as not otherwise stipulated in the Contract or additional conditions, the amounts owed by the Customer must be paid within fourteen (14) Days following the commencement of the Withdrawal Period or, if no Withdrawal Period does apply, within fourteen (14) Days following the conclusion of the Contract.
7.2 ochama may require an advance payment up to 50% of the price from the Consumer, or 100% from the Customer, not being a Consumer. If an advance payment has been agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
7.3 The following payment methods are accepted by ochama: Credit cards and Ideal and any other payment method available on the payment page when the Product was ordered.
7.4 All outstanding amounts are immediately due and payable in the event of late payment of an agreed period or if the Customer becomes bankrupt.
7.5 If the Customer fails to fulfil its payment obligations on time, the Customer, after having been informed by ochama of the late payment and after ochama has granted the Customer an additional term of fourteen (14) Days to fulfil its payment obligations and the Customer still fails to fulfil its payment obligations within this additional term of fourteen (14) Days, will owe statutory interest on the amount still owed and ochama will be entitled to charge the extrajudicial collection costs that it incurs. These costs are: 15% regarding an amount up to € 2,500, -; 10% regarding the following € 2,500,- and 5% regarding the following € 5,000,- with a minimum of € 40,-.
7.6 If the Customer fails to meet its payment obligations (in time), ochama may assign the relevant claim to a third-party.
ARTICLE 8. RETENTION OF TITLE
8.1 Notwithstanding actual delivery, all Products delivered by ochama to the Customer not being a Consumer shall remain the property of ochama until that time and ownership of the Products shall not pass to the Customer not being a Consumer until such Customer has paid in full all amounts owed to ochama in connection with Products delivered or to be delivered, including the Contract Sum, any surcharges, interest, taxes and costs that may be owed under the Agreement or these Terms and Conditions, as well as all work performed or to be performed under this Agreement. The Products delivered under retention of title shall be at the expense and risk of the Customer.
8.2 As long as ownership of the Products has not been transferred to the Purchaser, who is not a Consumer, the Purchaser is not entitled to rent, pledge or otherwise encumber or transfer the Products to third parties.
ARTICLE 9. GUARANTEE AND COMPLAINTS
9.1 Customers may be entitled to a full payment of Customer`s purchase of the Product if Customers request for refund within ochama Fresh Goods Guarantee after receiving fresh Products that all have quality problems.
9.2 Customer may be entitled to only a partial refund of Customer`s purchase, if the Product has not been damaged in full, with sufficient proof of the amount of the damage.
9.3 Under this limited guarantee, ochama warrants that each Product that Customer purchases will be free from workmanship and material defects under normal usage in accordance with ochama published Product materials during the warranty period. ochama`s published Product materials include but are not limited to, the information and description on the commodity details pages, user manuals, guidelines, specifications, in-app and on-website notifications, and service communications. The warranty period for a Product starts on the day the Product is delivered and ends two years after delivery.
9.4 If Customer`s Product does not function as warranted during the warranty period, Customer may obtain after-sales service by arriving at the local Pick up Shop in the Netherlands. Also, Customer can report the issue to ochama online customer service and we will process trouble shooting and guild Customer the after sales service. Please note that the refund method for the Product will be the same as the method that is used in the ordering process (right of withdrawal). Customer will need to provide the Products, and as far as reasonably possible the original packages, for the warranty service.
9.5 The Customer is required to inspect, or to have inspected, the Products as soon as the Products are placed at the Customer`s disposal. In addition, the Customer must examine whether the quality and/or quantity of the delivered Product(s) matches the Contract and complies with the requirements agreed by parties.
9.6 The Customer must notify ochama immediately in writing or by sending an e-mail to support@ochama.com about any complaints concerning the Products. Any notification of a shortcoming/defect/complaint of the Customer should contain a description with the purchase order, the delivery date, a copy of the regarding invoice, the serial number of the Product and the nature of the shortcoming/defect/complaint as detailed as possible so that ochama can respond adequately (‘Notification`).
9.7 ochama will attempt to diagnose and resolve Customer`s problem by telephone and e-mail. If Customer`s problem cannot be resolved over telephone or email, ochama will guide Customer to the after sales procedure and depending on the situation, will start the repair replacement, or refund process.
9.8 In case of visible deficiencies in the Product and/or failing quantities of the Product, the Customer must submit the Notification as mentioned in Article 9.6 of these Terms and Conditions, to ochama in writing as soon as possible. Customers, not being Consumers, should do this within fourteen (14) Days after delivery of the Product and record these deficiencies and/or shortfalls on the relevant transport document. For all other defects or complaints with regard to the Product, the Customer, not being a Consumer, must submit a Notification to ochama in writing immediately, or in any case within the time limit of fourteen (14) Days after the date on which the complaints, shortcomings and/or defects became known or might reasonably have been expected to become known to the Customer.
9.9 If it is established that a complaint cannot be substantiated by the Customer or if the if the complaint falls outside the scope of the warranty, the costs arising from the complaint and related thereto, including the costs for examination on the part of ochama, shall be fully borne by the Customer, not being a Consumer, including administration costs, shipping costs and call-out charges. If it is established that a complaint cannot be substantiated or if the complaint falls outside the scope of the warranty, ochama shall invoice the costs of any Product and the rectification of defects, that fall outside the scope of the warranty in accordance with its standard rates.
9.10 No warranty can be invoked in case of:
External and internal damage caused by non-Product defects. Include but not limited to, operational error;
Damages caused by improper installation, incorrect usage, or operation not in accordance with official manuals and instructions;
Damage caused by the issues of reliability or compatibility when using unauthorized third-party parts;
Damage by non-ochama software programs, whether provided with the Product or installed subsequently;
Damage resulting from non-ochama technical or customer service support, for example, received the assistance with “how-to” questions or inaccurate Product set-up and/or installation;
Products or parts with an identification label that has been removed or altered;
Damage caused by unauthorized modification, disassembly, or cover opening not in accordance with official instructions or manuals;
Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger;
Damage caused by unauthorized service providers.
9.11 In Appendix I, additional information is provided on the after sales process and refunds of paid amounts and Points. Additional rules may also apply based on the Special Terms and Conditions.
You can use the following text for your complaint procedure.
If you have a complaint about our products or our service, you can contact us via emailing support @ ochama.com. You will receive a substantive response from us within 14 days of receipt of your complaint. If you do not agree with the solution or if we cannot resolve it together, you can submit your complaint to the Disputes Committee via the European ODR Platform (https://ec.europa.eu/consumers/odr/).
ARTICLE 10. COMPLIANCE WITH THE CONTRACT AND ADDITIONAL GUARANTEE
10.1 ochama guarantees that the Products comply with the Contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the Contract was concluded. If so agreed, ochama also guarantees that the Product is suitable for other than normal use.
10.2 An additional guarantee provided by ochama may never limit the legal rights and claims that the Consumer may enforce against ochama by virtue of the Contract if ochama fails to perform its part of the Contract.
10.3 An additional guarantee means each obligation assumed by ochama under which ochama grants the Customer certain rights or claims that, in terms of scope, exceed those that ochama is required to grant by law if it has failed to perform its part of the Contract.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1 The Website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, associated products, etc. to be found on the Website are the exclusive property of ochama, its affiliated companies, its licensors or its content providers. ochama does not grant any license or any entitlement to Customers or any third parties other than that of consulting the Website. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.
11.2 Customer undertakes not to infringe or to attack ochama`s (intellectual property) rights in any way, directly or indirectly, by use or otherwise and acknowledges that ochama is the beneficiary with regard to these rights.
11.3 Customer shall ensure that all information received from ochama that is known or should reasonably be known to be of a confidential nature is kept secret and Customer will not disclose any of such information to any third party. The Customer shall only use such confidential information for the purpose for which it has been provided by ochama. Information shall in any event be regarded as confidential if it is designated as such by ochama.
ARTICLE 12. LIABILITY AND INDEMNITY
12.1 Without prejudice to any rights Consumers might have, and to any restrictions imposed on the limitations of liability stated below by the laws of Consumer`s country of domicile and thus to the extent permitted by law, the liability of ochama is limited in the following way.
12.2 ochama will not accept liability for:
any interruption to the Website;
any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Website;
non-fulfilment of orders due to stock shortages;
Products not obtained via the Website;
Products damaged by normal wear and tear; or
Products that have exceeded the reasonable lifespan of the Product.
12.3 Without prejudice to Article 12.1 and Article 12.2 and to the extent permitted by law, any liability on the part of ochama for an attributable failure to comply with any of its obligations under any Contract and/or these Terms and Conditions, explicitly including any failure to comply with a warranty obligation agreed with the Customer, based on a tort, or due to any other reason or on any other ground, shall in all cases be limited to the amount that ochama receives from its insurer under its commercial liability insurance in relation to the damage for which Customer has held ochama liable.
12.4 Without prejudice to Articles 12.1, 12.2 and 12.3 and to the extent permitted by law, if no insurance payments are made in relation to the damage in question, the total liability of ochama shall to the extent permitted by law, in all circumstances be limited to the price of the Product paid by the Customer.
12.5 In no circumstances will ochama be liable to Customer for any special, consequential, indirect, criminal or incidental loss, including but not limited to losses caused by delays, lost profits, lost savings, increased operational costs, damages or loss as a result of claims from Customer`s customers, loss of customers, loss of goodwill, damages or loss in connection with the use of items, materials, services provided by third parties that ochama is instructed to obtain by the Customer and damages and loss in connection with the engagement of third parties by ochama on the Customer`s instruction etc., howsoever caused, regardless of the basis of liability, and regardless of whether it was advised in advance of the possibility of such damages arising in any way from the Contract or otherwise. The liability of ochama due to destruction or loss of data is also excluded.
12.6 The restrictions and exclusions referred to in Article 12.2 up to and including Article 12.5 above shall no longer apply if and in so far as the damage in question is solely caused by an intentional act or gross negligence on the part of the management of ochama.
12.7 Customer`s right to any damage compensation is always conditional to the notification thereof to ochama in writing immediately upon occurrence. Any claim for damages against ochama is extinguished automatically by the mere passage of twelve months after the inception of the claim.
ARTICLE 13. FORCE MAJEURE
13.1 If force majeure of a temporary or permanent nature prevents the Contract from being (further) implemented, ochama is entitled to dissolve the Contract in whole or in part, without any obligation to pay compensation, or to suspend the (further) execution of the Contract. In the event of suspension, ochama is still entitled to declare the Contract wholly or partially dissolved. If a force majeure situation occurs, ochama immediately informs the Customer thereof and keep it informed of the development of the force majeure situation.
13.2 Force majeure is in any case understood to mean any situation in which ochama cannot exercise any influence and as a result of which it cannot reasonably fulfill its obligations, as well as, if not already included, government measures, quotas, (industrial strike, (civil) war, danger of war, pandemics, epidemics, riot, occupation, illness, molestation, fire, water damage, flood) , company occupation, defective counterry, disruptions in the supply of energy, storage and transport difficulties, suppliers` default on the goods required for the delivery of Products from ochama and furthermore all circumstances, in which there is no reasonable reason (anymore) ochama can be expected to (further) fulfill its obligations towards the Customer.
ARTICLE 14. TERMINATION OF THE CONTRACT
14.1 If the Customer fails to fulfil one or more of his obligations under the Contract or for other reasons, as well as when the Customer is declared bankrupt, or when the Customer otherwise loses the free disposal of his assets, ochama is entitled – without prejudice to all other statutory and contractual rights of ochama - to immediately suspend the Contract without notice of default and / or judicial intervention, or to rescind or terminate the Contract. Any and every amount owed by the Customer is immediately due and payable in full. Products that are already supplied by ochama have been delivered but not yet paid for, must then be sent to ochama to collect these Products, and without prejudice to the right of ochama to compensation for damage, costs and interest.
14.2 If ochama rescinds or terminates the Contract for reasons as stated in above Article 14.1, the Customer will have the opportunity to download its user account information within 30 Days after ochama`s notice to you. In any other case, your user account information will be deleted after three years of inactivity. For more information on how your personal data is processed, we refer to our Privacy and Cookie Policy.
ARTICLE 15. MISCELLANEOUS
15.1 The Customer shall not be entitled to transfer its rights and/or obligations under a Contract to any third party, without ochama`s prior written consent.
15.2 ochama shall be entitled to alter these General Terms and Conditions and the Special Conditions or make any additions thereto unilaterally. ochama shall notify the Customer thereof in writing. Unless: (i) the Customer informs ochama in writing, that it does not accept the changes and/or additions within fourteen (14) Days after the date of the notification of ochama; or (ii) the Customer continues making use of the Website, the Customer shall have accepted such modifications and additions.
15.3 If, at any time, one or more provisions of these General Terms and Conditions are fully or partially void or voidable, the remaining provisions of these General Terms and Conditions will remain in full force and effect. In such an event, ochama and the Customer will consult each other in order to agree on new provisions which are not void and voidable to replace the void or voidable provisions and which new provisions as closely as possible corresponds with the void and voidable provision, whereby the intent and meaning of the original provisions shall be taken into account as far as possible.
15.4 Disputes between ochama and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law.
ARTICLE 16. Risk Control Policy
1. Policy Overview
1.1 Purpose: The primary objective of this risk control policy is to ensure that ochama platform can effectively manage and control various risks during operational activities, especially to safeguard user privacy and account security.
1.2 Scope: This policy applies to all ochama departments and business areas, covering all key business activities and risk management processes.
2. Risk Identification and Assessment
2.1 Identification: ochama will comprehensively understand and identify various risks that may affect user account safety through regular risk identification work based on professional system and tools.
2.2 Assessment: Risk assessment will include a detailed analysis of the probability and impacts and abnormal behaviors to determine the risk. For certain circumstances ochama remain the rights to temporarily suspend customer account for further review and to prevent potential losses.
2.3 Resolution: If customer account is temporarily suspended, please follow the system prompts to contact customer service team and to provide necessary information for verification. Once verified that the account is correctly managed by customer-self, ochama will lift the account restriction.
Monitoring and Reporting
3.1 Monitoring Mechanism: Risks will be regularly monitored, and monitoring results will be communicated to relevant departments and management through regular reporting mechanisms to address risk events promptly.
3.2 Emergency Response: Establish an emergency response procedure for handling risk events swiftly and effectively, ensuring timely reporting of risk situations to stakeholders.
4. Communication
Communication Methods: Communicate the policy through appropriate internal communication methods and channels to ensure that all levels of personnel within ochama understand the policy.
5. Legal Compliance
5.1 Compliance with Regulations: This risk management policy will strictly adhere to all relevant laws, regulations, and industry standards to ensure that ochama platform operation comply with legal requirements.
5.2 Review Mechanism: Regularly review and update the risk management policy to ensure its alignment with evolving regulations and environments, maintaining compliance and effectiveness.
6. User Experience
6.1 User Experience: We are committed to providing a high-quality user experience, ensuring that customers, employees, and other stakeholders have a satisfactory and pleasant experience while interacting with us.
6.2 User Engagement: Encourage user participation and feedback to understand their needs and expectations, continuously improve products and services to enhance user experience and satisfaction.
6.3 User-Centric Approach: Prioritize user needs and experiences in business decision-making and process design, ensuring the provision of solutions that meet user expectations.
This policy will serve as a guiding principle for risk management on ochama platform, providing clear guidance and support when facing various risks to ensure robust operations and sustainable development of the business.
CONDITIONS THAT ONLY APPLY TO DISTANCE CONTRACTS
ARTICLE 17. APPLICABILITY
17.1 In case of a Distance Contract in addition to the provision set forth in Article 1 up to and including Article 15 of these General Terms and Conditions the provisions set forth in Article 16 up to and including Article 22 of these General Terms and Conditions are equally applicable. In case of discrepancies between the first mentioned articles and the latter mentioned articles, the provisions laid down in the latter mentioned articles of these General Terms and Conditions shall prevail.
ARTICLE 18. DISTANCE CONTRACT: RIGHT OF WITHDRAWAL WITH RESPECT TO THE DELIVERY OF PRODUCTS
18.1 When Customer purchases a Product at ochama, Customer will have 30 days to decide whether to keep the Product or not for a non-food Product and 14 days for food Products (excluding fresh goods) after delivery. The Product to which a refund would apply should be taken care of and should be in like-new condition during the cooling-off period (check Point 1 below). If so, the Products can be applied for a return and refund process (check Point 2) with good condition (check Point 3 below).
Below the Right of Withdrawal and its limitations are further specified with regard to different Product categories.
Point 1 Description of taking care of the products
During the Withdrawal Period, please handle the Product, the accessories, the price tag, and the original packaging with care. Unpacking or using the Product for essential inspection purposes is acceptable. This includes checking the Product quality and the appearance. The basic principle is to handle and inspect the Product as if it was being checked in the store. In case of handling the Product beyond the mentioned inspection handling and in case of Product depreciation, the Product will be considered as handled carelessly which may have as a consequence that no refund will be provided.
Customer will only be liable for a decrease in the value of the Product that is the consequence of the Product having been handled in a manner over and above the manner described above. Customer will not be liable for a decrease in the value of the Product if ochama did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.
Point 2 Return and refund Product categories
Availability | Product categories | Description and examples |
Available to apply for return and refund | The Products exclude below descriptions | |
Unavailable to apply for return and refund | Customized product(if this is not seller`s error or quality problem) | Customized decorations, items, stickers etc. |
Digital content or tickets | Music or a video that cannot be withdrawn once it has started downloading or streaming; Train tickets, telephone cards, concert tickets. | |
Newspaper and magazine with subscriptions | Newspaper, magazine. | |
Perishable goods (if this is not quality problem/seller`s error) | Products that spoil quickly or have a limited shelf-life; out of ochama Fresh goods guarantee out of expiration date; stored at improper temperature. Such as seafood, plants, dairy, fruit, vegetable, frozen food, eggs, bakery. | |
Services | Training, design, gift cards that are already provided. | |
Health protection or hygiene Product after unsealed.The product will get spoiled after unsealed | Shampoo, hand sanitizer, toothpaste, toothbrush, dental floss, deodorant, shaving supplies, baby wipes, facial cleansing cloths, toilet paper, sunblock, food, alcoholic and non-alcoholic beverage, milk powder, underwear, socks, stockings. | |
After activation or usage will largely cause Product depreciation | Used office supplies, used sandwich plastic bag, used trash bags; Products that are irrevocably mixed with other Products after delivery/unsealed; Electronic Product. | |
Other Products that are unavailable to return or refund, of which the Customer has been informed via ochama customer support, or the policy, or the commodity details pages |
Point 3 Standard of good conditions
General standard of returning Products under good conditions | Product categories | Description and examples |
1. Like-new condition: During the cooling-off period, please handle the Product carefully, for examples keep the accessories, the price tag, the original packaging, the gifts from the order, the user manual, the repair card (if have), the without functional and appearance damage, dent, tear and ware, anti-counterfeiting still remains, entry of foreign bodies (water, oil, sand, etc.) 2. The packaging of the Products: Some Products may require to keep the original packaging. The Products include but not limited to electronic Products, electrical appliances, lamps, the packages have high value, such as the packaging of the watch, jewellery, computer, and laptop. 3. The seal remains sealed: Health, hygiene, beauty Products, books, CDs are still sealed | CDs, DVDs, games, and books | The seal remains and has not been unsealed. |
Health, personal hygiene, and beauty products | 1. Toothpaste, hair clipper, shaver are sealed 2. Makeup, perfume, lipstick, shampoo are sealed | |
Gifts and suitcases | No dent, no damage, no tear and wear on the product | |
Clothing, shoes, and accessories | No damage, no makeup on, not washed, no tear and wear. Items are unworn, in original condition, and have the original labels. | |
Cars and motorbikes. | Maintenance products, cleansing products are sealed. | |
Food | Sealed, no damage on the packages, like-new | |
Baby products | Pacifiers, baby wipes, diapers, milk bottles, are sealed |
ARTICLE 19. THE CONSUMER`S EXERCISE OF THE RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS
19.1 If the Consumer decides to exercise its Right of Withdrawal, the Consumer must, within the Withdrawal Period, use the Standard Withdrawal Form or another equal means of giving notice to ochama that the Consumer is exercising this right.
19.2 The Consumer should return the Product or hand the Product over to ochama or to an authorized representative of ochama as soon as possible and in any case within fourteen (14) Days of the Day following the one on which the notice referred to in Article 18.1 was given. The Consumer does not need to do this if ochama has offered to collect the Product. The Consumer will in any case have complied with the term for returning the Product if the Consumer returns the Product prior to the end of the Withdrawal Period.
19.3 The Consumer must return the Product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with ochama`s reasonable and clear instructions.
19.4 The risk and burden of proof with respect to the proper exercise of the Right of Withdrawal within the applicable period of time lies with the Consumer.
19.5 The Consumer will bear the direct costs of returning the Product. The Consumer will not be required to bear the costs of returning the Product if ochama has not stated that the Consumer must bear these costs or if ochama states that it will bear these costs.
You have the right to cancel this contract within the periods specified in Article 18.1 without giving any reason. The cancellation period will expire on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
Consequences of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. If you only return part of your order, we will not reimburse you for the costs of delivery. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
Our returns address
Da Vincistraat 5, 2652 XE, Berkel en Rodenrijs Netherlands
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
ARTICLE 20. OBLIGATIONS OF OCHAMA IN THE EVENT OF WITHDRAWAL
20.1 ochama will send confirmation of receipt of the notice of withdrawal without delay after receiving this notice.
20.2 ochama will reimburse all payments made by the Consumer, including any delivery costs charged by ochama, for the returned Product without delay and in any case within fourteen (14) Days following the Day on which the Consumer gives notice that the Right of Withdrawal is being exercised. Unless ochama offers to collect the Product, it may defer repayment until it has received the Product or until the Consumer has shown that it has sent the Product back, whichever event occurs first. If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, ochama will not be required to repay the additional costs of the more expensive method.
20.3 To effect repayment, ochama will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.
ARTICLE 21. EXCLUSION OF THE RIGHT OF WITHDRAWAL
21.1 ochama has excluded the applicability of the Right of Withdrawal for the following Products and services, which means that the Consumer does not have a Right of Withdrawal in respect of the following:
Products or services of which prices are subject to fluctuations on the financial market over which ochama has no influence and which can occur within the Withdrawal Period;
Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers Products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the Products and/or services;
Service Contracts, after performing the service in full, but only if:
performance commenced with the express prior agreement of the Consumer; and
the Consumer has stated that it will lose the Right of Withdrawal as soon as ochama has performed the Contract in full.
Service Contracts for the provision of accommodation, if a specific date or period of performance is provided for in the Contract and other than for residential purposes, transport of goods, vehicle hire services, and catering.
Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the Contract.
Alcoholic drinks whose price is agreed on entering into the Contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence.
Products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly personalized or intended for a specific person;
The Contract for the provision of services in respect of the carriage/transport of Products;
Products subject to rapid decay or with a limited shelf-life;
Sealed Products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
Products which are, after delivery, according to their nature, inseparably mixed with other items;
Sealed audio/video-recordings and computer apparatus of which the seal was broken after delivery;
After delivery of digital content other than on a material carrier, but only if:
the performance was begun with the express prior consent of the Consumer; and
the Consumer has declared that they lose their Right of Withdrawal once the entrepreneur has fully implemented the Contract;
Newspapers, periodicals or magazines, with the exception of subscriptions to these.
ARTICLE 22. ADDITIONAL OR DEVIATING PROVISIONS
22.1 Additional or deviating provisions of 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 in an accessible manner by the Consumer.
APPENDIX I: AFTER SALES POLICY
ochama guarantees that, subject to the following conditions, the available after sales service solutions, return and refund service, replacement service and repair service, can be requested. Please contact ochama for more details. For refund service, Customer will be required to upload the proof of the issues (if available) in the refund order via ochama system.
Return and Refund Service
√ Within thirty (30) calendar days for non-food Products and fourteen (14) days for non-fresh food Products after receiving if the product has no manufacturing defect and is still in new or like-new condition.
√ Within ochama Fresh goods guarantee for fresh Products, as specified below.
TYPES OF RETURN AND REFUND
√ Fresh Products having Product quality issues: e.g. meat, dairy Products, vegetable
Refund period and condition: within ochama Fresh goods guarantee or before the expiration date, whichever date is earlier.
Fresh good guarantee period:
4 days fresh guarantee Products: such as pre-packaged meat Products, dairy Products bread and toast salads, which can be stored for at least 4 days after delivery.
2 days fresh guarantee Products: such as fruits, fresh meat Products, vegetables, salad and steam meal, which can be stored for 2 days after delivery.
1-day fresh guarantee Product: such as pastries and cakes can be stored for 1 day after delivery
Please prepare:
Fill in the refund reason;
Submit some photos to proof that the Product which has been destroyed (e.g., thrown into a trash bin) cannot be eaten or used.
√ Food Products (non-fresh Product): e.g. Product with sealed and like-new packaging such as: chips, drinks, packaged food
Return period: within fourteen (14) days after receiving the Product.
Please prepare: the Product with the sealed original packaging.
√ Non-fresh goods, normal Products (non-in-bulk Product) and large size Products (the longest length exceeds 54 centimeters and/or weight exceed 30 kilogram): e.g. furniture, electronic products
Return period: within thirty (30) days after receiving the Product.
Please prepare:
If available: the original packaging, the warranty card, the accessories, the price tag, etc.
The serial number of the Product (if applicable, e.g., phone, television, computer).
Please note: large size Products can only be transferred via home picked-up service.
√ Coupon will be returned to Customer`s account if it is valid on the request of refund day and the order is fully returned;
√ Coupon are split over the paid Products and Coupon will not be partial returned;
Newspapers, periodicals or magazines, with the exception of subscriptions to these.
EXCLUSION OF RETURN AND REFUND
In the following cases a return or refund can be refused:
It is requested beyond the ochama Fresh Goods Guarantee for fresh Products, fourteen (14) days for food products, or thirty (30) calendar days for non-fresh products after receiving.
Perishable goods: Products that spoil quickly or have a limited shelf-life.
Sealed Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
A Product sent to ochama for Return & Refund Service does not include all original accessories, attachments or packaging, or any item is not in new or like-new condition, i.e. with cracks, dents or scratches.
Products that are irrevocably mixed with other Products after delivery/unsealed.
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Newspapers, periodicals or magazines, with the exception of subscriptions.
Tickets: e.g., cinema ticket, transportation tickets, concert tickets, hotel tickets, car rental reservations, telephone cards, prepaid top-up cards cannot be exchanged or reimbursed.
A legal proof of purchase, receipt or invoice is not provided or is reasonably believed to have been forged or tampered with.
Fault or damage of the Product is caused by unauthorized use or modification of the Product, including exposure to moisture, entry of foreign bodies (water, oil, sand, etc.) or improper installation, improper operation or storage at improper temperature.
Product labels, serial numbers, waterproof marks, etc. show signs of tampering or alteration.
Damage is caused to the Product by uncontrollable external factors after delivery, such as fire, floods, high winds or lightning strikes.
If the credit or the coupon have already expired on the day of request for refund, the coupon and the credit will not be returned.
WARRANTY AND REPAIR
At present, ochama mainly provides return service and for some Products also repair or replacement services. For specific rules, please refer to the commodity details pages or contact customer service.
Essential Information
√ ochama will cover shipping costs for the return, repair or replacement shipment if the Product is defective or has Product issue within warranty.
√ ochama will examine the returned Product(s) to identify the issue. If the issue qualifies for the service under this After-Sales Policy, ochama will bear the cost of refund.
√ If ochama determines that the issue is not covered by this ochama After-Sales Policy, ochama may reject the refund application or process partial refund.
√ Please make sure the Product is returned accordingly. The Customer is accountable for any additional costs (e.g., due to extra shipping costs for additional parts).
√ To guarantee Customer`s legal rights, please check whether Customer`s Product is intact (check whether any damage occurred on Customer`s product during transportation) when signing for it, or check on the Product when Customer picked up at ochama Pick up Shop. If the Product has quality issue or damage, please report it to us within three (3) days of signing for it, or report to the reception desk as fast as Customer can at ochama Pick up Shop. Otherwise, it will be deemed that the Product Customer signed up or picked up is intact and fully functional.
√ Before sending Customer`s Product for repair or return, please remove any customized decorations and items on it (include but not limited to decorative stickers, paintings, thirty decorations, etc.). ochama will not be responsible for the damage or loss that may occur to these customized decorations and items.
√ Return of wine: It is of course possible that the wine does not meet Customer`s expectations. In such case, Customer can return the box (above 6 bottles per box) within 14 days in the Pickup Shop. Please be noted, maximum 1 bottle per box can be missing. The return is only accepted if the original packaging, including the wine label, is undamaged. If Customer choose to return via delivery, the cost of return will be shouldered by Customer side.
√ ochama will return the actual amount that Customer paid in the order if all the Products are returned intact. If only a part of the Products has been returned, ochama may reject the full refund application.
√ Refund will be transferred via the same payment method that was used in the order.
√ Image shown on the commodity page is for illustration purposes only. Due to lighting and display differences, there may be colour differences on the actual Product. Please be aware that this is not a Product defect.
√ Fresh Products could be affected by factors such as season, climate, growth environment, etc., which could cause slight differences between batches.
APPENDIX II: STANDARD WITHDRAWAL FORM
Only complete and return this form if you wish to withdraw from the contract.
To: Da Vincistraat 5, 2652 XE Berkel en Rodenrijs
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 of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
2 - General Terms and Conditions of Thuiswinkel.org
Index:
Article 1 - Definitions
Article 2 - Identity of the trader Article 3 - Applicability
Article 4 - The offer Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Customers’ obligations in case of withdrawal
Article 8 - Customers who exercise their right of withdrawal and the costs involved Article 9 - Traders’ obligations in case of withdrawal
Article 10 - Precluding the right of withdrawal Article 11 - The price
Article 12 - Contract fulfilment and extra guarantee Article 13 - Delivery and implementation
Article 14 - Extended duration transactions: duration, termination and prolongation Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional or different stipulations
Article 20 - Amendment to the general terms and conditions of Thuiswinkel.org
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
7. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
9. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Name trader: (name according to the articles of association, plus any trade name) Registered address:
Office address, should this differ from the registered address;
Telephone number and time(s) at which the trader can be contacted by telephone: Email address:
Chamber of Commerce number:
VAT identification number:
Should the activity of the trader be subject to a relevant licensing system: the data of the supervising authority.
Should the trader practice a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the town/city in the EU or EEA where this was granted;
- a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.
1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Upon delivery of products
1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Upon delivery of services and digital content that is not supplied on a material medium:
3. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
4. The period stipulated in para. 3 commences on the day after the contract was concluded.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
5. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
6. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
6. If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
7. The consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
a. the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or:
b. the consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
8. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
b. he did not acknowledge having lost his right of withdrawal upon granting his permission; or
c. the trader neglected to confirm this statement made by the consumer.
9. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:
a. implementation started with the explicit prior agreement of the consumer; and
b. the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;
4. Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport;
5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
7. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
8. Products subject to rapid decay or with a limited shelf-life;
9. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
10. Products that, due to their nature, have been irretrievably mixed with other products;
11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence;
12. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
13. Newspapers, periodicals or magazines, excluding subscriptions thereto;
14. The delivery of digital content other than on a material medium, but only if:
a. the delivery commenced with the consumer’s explicit prior agreement, and
b. the consumer declared that this implied his having lost his right of withdrawal.
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. Prices stated in offers of products or services include VAT.
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
Termination
1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the consumer can:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that stipulated for the trader.
Prolongation
4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.
Duration
8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.
1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page of the website of Thuiswinkel.org, www.thuiswinkel.org The complaint is then sent both to the trader concerned and Thuiswinkel.org.
5. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
4. If the complaint does not lead to a solution, the dispute should be submitted to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the trader.
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. Preferably, the consumer notifies the trader first.
6. If a trader wishes to put a dispute before the Disputes Committee, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
7. Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
8. The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated
business activities before the committee dealt with the dispute during a session and rendered a final ruling.
9. If, alongside the Thuiswinkel Disputes Committee, there is another competent disputes committee that is recognized or one that is affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid), the Thuiswinkel Disputes Committee shall preferably have jurisdiction for disputes that relate principally to the sales method or to providing services long-distance. For all other disputes, this this will be the other disputes committee that is recognized by the SGC or affiliated with the Kifid.
1. Thuiswinkel.org guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 per binding advice Thuiswinkel.org will pay this sum to the consumer. In case of sums higher than €10,000 per binding advice, the sum of €10,000 will be paid. In as far as the sum is higher than €10,000, Thuiswinkel.org has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.
2. Application of this guarantee requires the consumer to submit a written appeal to Thuiswinkel.org and to transfer his claim on the trader to Thuiswinkel.org. In as far as the claim on the trader exceeds the sum of €10,000, the consumer will be offered the possibility to transfer his claim on the trader above the sum of €10,000 to Thuiswinkel.org, where after this organization will pursue payment of the claim in court on her own title and costs.
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
1. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.
Thuiswinkel.org
P.O. Box 7001, 6710 CB EDE, the Netherlands.
Rights can only be derived on the basis of the Dutch version of these general terms and conditions.
(this form should only be completed and returned if you want to withdraw from the contract)
- To: [trader’s name]
[trader’s geographic address] [trader’s fax number, if available]
[trader’s e-mail address or electronic address]
- I/we* herewith inform you that, in respect of our contract regarding The sale of the following products: [description of the product}*
The delivery of the following digital content: [description of the digital content]* The supply of the following service: [description of the service]*
I/we* exercise our right of withdrawal.
- Ordered on*/received on* [date of ordering services or receiving goods]
- [Consumer(s)’ name]
- [Consumer(s)’ address]
- [Consumer(s)’ signature] (only if this form is submitted on paper)
*Delete or provide supplementary information, as applicable.