Organic, Fairtrade & Sustainable Fashion

Download:

General Terms & Conditions OefoO

 

Terms and Conditions OefoO

Table of Contents:

Article 1-Definitions

Article 2-Identity of the entrepreneur

Article 3-Applicability

Article 4-The Offer

Article 5-The Agreement

Article 6-Right of withdrawal

Article 7-Consumer obligations during the reflection period

Article 8-Exercise of the right of withdrawal by the consumer and costs thereof

Article 9-Obligations of the trader in the case of revocation

Article 10-exclusion of right of withdrawal

Article 11-The price

Article 12-Compliance and additional guarantee

Article 13-Delivery and execution

Article 14-Duration of transactions: Duration, termination and renewal

Article 15-Payment

Article 16-Complaints system

Article 17-Disputes

Article 18-Additional or different provisions

 

Article 1-Definitions

For the following conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party Party on the basis of an agreement between that third and the entrepreneur;
  2. Reflection period: The period within which the consumer may avail himself of his right of withdrawal;
  3. ' Consumer ' means the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
  4. Date: Calendar day;
  5. Digital content: Data produced and delivered in digital form;
  6. Duration Agreement: An agreement that extends to the regular delivery of business, services and/or digital content over a given period;
  7. Durable data medium: Any tool-including e-mail-that enables the consumer or entrepreneur to store information addressed to him personally in a way that is future consultation or use during a period that is The purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility of the consumer to waive the distance contract within the reflection period;
  9. Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
  10. Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement Exclusively or partly made use of one or more distance communication techniques;
  11. Model form for revocation: the European model form for revocation included in annex I to these conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the need for consumers and entrepreneurs to have met simultaneously in the same room.

 

Article 2-Identity of the entrepreneur

Entrepreneur Name: Laura Nooteboom

Trade name: OefoO (part Nikki Nooteboom Photography & Webdesign)

Location Address: Zaanstad 24, 2515 TN The Hague

Telephone Number: + 31 (0) 615129831

E-mail address: info@oefoo.com

Commercial Register: 28117591

VAT Identification Number: NL174010199B02

 

Article 3-Applicability

  1. These general terms and conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the Trader shall indicate the manner in which the general terms and conditions are to be seen with the trader and that at the request of the consumer, at the earliest opportunity, free of charge Be forwarded.
  3. 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 may be made available to the consumer by electronic means In such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general conditions can be communicated by electronic means and that at the request of the consumer by electronic means or otherwise be sent free of charge.
  4. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of contradictory conditions, always invoke Appropriate provision which is most favourable to him.

 

Article 4-The Offer

  1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

 

Article 5-The Agreement

  1. The Agreement shall, subject to the provisions of paragraph 4, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
  2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures in this respect.
  4. The trader may, within the framework of legal frameworks, inform the consumer of their payment obligations, as well as all the facts and factors relevant to a responsible contract of distance. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
  5. The trader shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner, at the latest on delivery of the product, the service or digital content, in a sustainable Data carrier, send:
  • The visiting address of the establishment of the trader where the consumer is able to complain;
  • The conditions under which the consumer may make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  • The information about warranties and existing service after purchase;
  • The price including all taxes of the product, service or digital content; Where applicable, the cost of delivery; The method of payment, delivery or execution of the distance contract;
  • The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
  • If the consumer has a right of withdrawal, the revocation model form.
  1. In the case of a duration transaction, the provision in the preceding paragraph shall apply only to the first delivery.

 

Article 6-Right of withdrawal

For products:

  1. The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer for the reason of revocation, but do not oblige them to submit his reason (s).
  2. The reflection period referred to in paragraph 1 shall enter into the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
  1. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The trader may, provided that he has clearly informed the consumer before the ordering process, refuse an order of several products with a different delivery time.
  2. 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 consignment or part;
  3. In the case of agreements for regular delivery of products for a certain period: the day on which the consumer, or a third party designated by him, received the first product.

Services and digital content not supplied on a material medium:

  1. The consumer may rescind a service agreement and an agreement for the supply of digital content which is not supplied on a material medium for a minimum of 14 days without giving reasons. The trader may ask the consumer for the reason of revocation, but do not oblige them to submit his reason (s).
  1. The reflection period referred to in paragraph 3 shall follow the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a material medium in case of informing the right of withdrawal:

  1. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the revocation model form, the reflection period shall expire 12 months after the end of the original, in accordance with the previous paragraphs The reflection period laid down in this article.
  1. If the trader has provided the information referred to in the preceding paragraph to the consumer within 12 months of the effective date of the initial reflection period, the reflection period shall expire 14 days after the day on which the consumer Retrieved.

 

Article 7-Consumer obligations during the reflection period

  1. During the reflection period, the consumer will deal carefully with the product and the packaging. It will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic premise here is that the consumer can only use and inspect the product as it should be in a shop.
  2. The consumer shall only be liable for impairment of the product resulting from a way of dealing with the product which goes beyond the permitted in paragraph 1.
  3. The consumer shall not be liable for impairment of the product if the trader has not provided him with any legally required information on the right of withdrawal before or at the conclusion of the contract.

 

Article 8-Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer uses his right of withdrawal, he shall report it within the period of reflection by means of the revocation model form or otherwise unambiguously to the trader.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an agent of) the entrepreneur. This is not necessary if the trader has offered the product to pick up. The consumer has, in any case, taken into account the return period if he sends the product before the reflection period expires.
  3. The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct cost of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates the costs themselves, the consumer does not have to bear the costs of returning the goods.
  6. If the consumer recalls after first expressly requesting that the operation of the service or the supply of gas, water or electricity not ready for sale is made in a limited volume or quantity starting during the Period of reflection, the consumer shall owe the trader an amount commensurate with that part of the undertaking that has been fulfilled by the trader at the time of revocation, compared with the full fulfilment of the commitment.
  7. The consumer shall not charge for the execution of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to the supply of district heating, if:
  1. The trader has not provided the consumer with the legally required information on the right of withdrawal, the revocation fee or the revocation model form, or;
  2. The consumer does not expressly request the commencement of the execution of the service or supply of gas, water, electricity or city heating during the reflection period.
  1. The consumer does not bear any costs for the complete or partial delivery of digital content not supplied on a material medium, if:
  1. Prior to its delivery, he has not expressly agreed to commence the fulfilment of the agreement before the end of the reflection period;
  2. He has not acknowledged losing his right of withdrawal in granting his consent; Or
  3. The trader has failed to confirm this consumer statement.
  1. If the consumer uses his right of withdrawal, all additional agreements shall be dissolved legally.

 

Article 9-Obligations of the trader in the case of revocation

  1. If the trader makes the notification of revocation by the consumer electronically possible, he shall immediately send a confirmation of receipt upon receipt of this notification.
  2. The trader shall compensate all payments made by the consumer, including any delivery costs incurred by the trader for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to pick up the product himself, he may wait to repay until he has received the product or shows to the consumer that he has returned the product, whichever is the time before.
  3. The trader uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.

 

Article 10-exclusion of right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract:

  1. Products or services whose price is tied to fluctuations in the financial market on which the trader has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction , under the direction of a auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
  3. Services agreements, after complete execution of the service, but only if:
  1. The implementation has begun with the explicit prior consent of the consumer; and
  2. The consumer has declared that he loses his right of withdrawal once the trader has fully completed the contract;
  1. Package travel referred to in article 7:500 BW and passenger transport contracts;
  1. Services contracts for the provision of accommodation, if the agreement provides for a specific date or period of implementation and other than for residential purposes, goods transport, car rental services and catering;
  2. Agreements relating to leisure activities, if the agreement provides for a specific date or period of implementation;
  3. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  4. Products that are quickly spoiled or have limited shelf life;
  5. Sealed products which, for reasons of health protection or hygiene, are not suitable to be returned and whose sealing has been disconnected after delivery;
  6. Products which, after delivery, are irrevocably mixed with other products;
  7. Alcoholic beverages The price of which has been agreed upon in concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market on which the trader does not influence;
  8. Sealed audio, video recording and computer software, the sealing of which has been disconnected after delivery;
  9. Newspapers, journals or magazines, except for subscriptions thereto;
  10. The supply of digital content other than on a material medium, but only if:
  1. The implementation has begun with the explicit prior consent of the consumer; and
  2. The consumer has stated that he is losing his right of withdrawal.

 

Article 11-The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and where the trader has no influence on variable prices. This commitment to fluctuations and the fact that any prices mentioned are indicative prices are indicated in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

A. These are the result of statutory regulations or provisions; Or

b. The consumer has the power to terminate the agreement with effect from the day on which the price increase is made.

  1. The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 12-Compliance Agreement and additional guarantee 

  1. The trader shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the existing ones on the date of the conclusion of the agreement legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use.
  2. Any additional warranty provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert on the basis of the agreement to the trader if the trader is Misconduct in the performance of its part of the agreement.
  3. An additional guarantee shall be understood to mean any undertaking, supplier, importer or producer in which it confers on the consumer certain rights or claims which go beyond what is required by law in the event that it is Misconduct in the performance of its part of the agreement.

 

Article 13-Delivery and execution

  1. The entrepreneur will take the utmost care in the receipt and in the execution of orders of products and in the assessment of applications for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to the trader.
  3. In accordance with the provisions of article 4 of these general terms and conditions, the trader will carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially executed, the consumer will receive a notice at the latest 30 days after the order has been placed. In that case, the consumer has the right to dissolve the contract at no cost and to be entitled to compensation.
  4. After dissolution in accordance with the previous paragraph, the trader will repay the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative and to the entrepreneur, unless expressly agreed otherwise.

 

Article 14-Duration of transactions: Duration, termination and renewal

Cancellation:

  1. The consumer may terminate an agreement which has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of not more than one month.
  2. The consumer may terminate an agreement which has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed duration, taking into account Agreed termination rules and a notice period of not more than one month.
  3. The consumer may have the agreements mentioned in the previous paragraphs:
    • Terminate at any time and not be limited to termination at a specified time or period;
    • At least denounce the same manner as they have been entered into by him;
    • Always denounce the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a certain time and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain duration.
  1. By way of derogation from the preceding paragraph, an agreement which has been entered into for a certain period of time and which extends to the regular delivery of day-news and weekly newspapers and periodicals may be tacitly extended for a period of up to three months, if the Consumer may terminate this extended contract by the end of the extension with a notice period not exceeding one month.
  2. An agreement which has been entered into for a certain period of time and which extends to the regular delivery of products or services may be extended only tacitly for an indefinite period if the consumer is at all times entitled to terminate a notice of not more than One month. The notice period shall not exceed three months in case the agreement extends to the regular, but less than once a month, delivery of day, news and weekly magazines and periodicals.
  3. An agreement with a limited duration to the regular delivery of day, news and weekly newspapers and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or Introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer May, after one year, terminate the contract at any time with a notice period of not more than one month, unless the reasonableness and fairness against termination before the end of the Agreed duration.

 

Article 15-Payment

  1. Unless otherwise specified in the Agreement or additional conditions, the amounts payable by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days of the Conclusion of the agreement. In the event of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
  2. In the case of the sale of products to consumers, the consumer may never be obliged to pay more than 50% in general terms and conditions. If payment is stipulated, the consumer shall not be entitled to apply for the execution of the relevant order or service (s) before the stipulated prepayment has been made.
  3. The consumer has the obligation to notify the trader without delay of any inaccuracies in the payment information provided or mentioned.
  4. If the consumer does not comply with his payment obligation (s) in good time, after he has been informed by the trader of the late payment and the trader has awarded the consumer a period of 14 days to fulfil his payment obligations After the failure to pay within this 14-day period, the amount still due shall be payable by the statutory interest and the trader is entitled to charge the extrajudicial collection costs incurred by him. This collection costs up to: 15% on outstanding amounts up to €2,500, =; 10% over the subsequent €2,500, = and 5% over the next €5,000, = with a minimum of €40, =. The trader may derogate from the amounts and percentages indicated for the benefit of the consumer.

 

Article 16-Complaints system

  1. The trader has a sufficiently well-known complaint procedure and treats the complaint in accordance with this complaint procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined time after the consumer has found the defects.
  3. Complaints submitted to the trader are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a message of receipt and an indication when the consumer can expect a more detailed response.
  4. In any event, the consumer must give the entrepreneur 4 weeks to resolve the complaint in concert. After this period, there is a dispute that is susceptible to the dispute settlement.

 

Article 17-Disputes

  1. Agreements between the entrepreneur and the consumer covered by these general conditions shall be governed exclusively by Dutch law.

 

Article 18-Additional or different provisions

Other provisions derogating from these general terms and conditions may not be detrimental to the consumer and must be documented in writing or in such a way as to enable them to be accessible by the consumer Stored on a durable data carrier.

 

0