General conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read this carefully. We also recommend that you save or print these conditions so that you can read them again at a later time.
Definitions
1.1 Osoe Home: established in Rotterdam and registered with the Chamber of Commerce under registration number 89517830, trading under the name Osoe Home.
1.2 Website: the Osoe Home website, which can be consulted via www.osoehome.nl and all associated subdomains.
1.3 Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Osoe Home and/or has registered on the Website.
1.4 Agreement: any arrangement or agreement between Osoe Home and the Customer, of which the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.
Applicability of General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, Agreements and deliveries from Osoe Home, unless expressly agreed otherwise in writing.
2.2 If the Customer includes provisions or conditions in his order, confirmation or communication implying acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Osoe Home if and insofar as they have been expressly accepted in writing by Osoe Home.
2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him.
Prices
3.1 All prices charged by Osoe Home are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
3.2 Osoe Home may change all prices that Osoe Home uses for its products or services, on its website or otherwise announced, at any time.
3.3 Increases in the cost prices of products or parts thereof, which Osoe Home could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
3.4 The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
The agreement
4.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
4.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
4.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4.4 The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
4.5 The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
2. conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing after-sales service;
4. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
4.6 In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
4.7 Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Delivery
5.1 Delivery takes place while stocks last.
5.2 Delivery of products ordered online will take place at the address specified by the customer. Correct entry of the address is the responsibility of the consumer. If this is not the case, the costs of resending will be borne by the consumer.
5.3 If the agreed amounts are not paid or are not paid on time, Osoe Home has the right to suspend its obligations until the agreed part has been paid.
5.4 Late payment constitutes a creditor's default, with the result that the customer cannot object to Osoe Home for late delivery.
5.5 Osoe Home advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
5.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk as regards these products passes to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
5.7 Osoe Home is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.
Right of withdrawal
6.1 This article only applies to the Customer who is a natural person who is not acting in the exercise of his profession or business.
6.2 The Customer has the right to terminate the distance Agreement with Osoe Home free of charge within 14 days of receipt of the product, without giving reasons.
6.3 The period commences on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product,
or: if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or part;
in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, received the first product.
6.4 Customer must bear the return costs himself. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
6.5 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store. 6.6 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
6.7 Customer can terminate the Agreement in accordance with the term stated in paragraph 1 of this Article by contacting hello@osoehome.nl. In the event of a digital report, Osoe Home confirms receipt of that report. After cancellation, the Customer still has 14 days to return the product. It is also possible to immediately return the product within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed. Products can be returned to:
Osoe Home
Scherpenhoek 21
3085EH Rotterdam
The Netherlands
6.8 Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than within 14 days after termination of the Agreement, in the same manner as the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Osoe Home does not have to reimburse additional costs for the more expensive method. Unless Osoe Home offers to collect the product itself, Osoe Home may wait with reimbursement until Osoe Home has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
6.9 The Website provides clear information in a timely manner before concluding the Agreement about whether or not the right of withdrawal applies and any desired option.
Payment
7.1 Customer must make payments to Osoe Home according to the payment methods indicated in the ordering procedure and possibly on the Website. Osoe Home is free to choose whether to offer payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
7.2 If the Customer does not meet his payment obligation(s) on time, after Osoe Home has informed him of the late payment and Osoe Home has granted the Customer a period of 14 days to still meet his payment obligations, After failure to pay within this 14-day period, Osoe Home will owe statutory interest on the amount still owed and Osoe Home is entitled to charge the extrajudicial collection costs incurred by it.
Warranty and conformity
8.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
8.2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
8.3 Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.
8.4 The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
8.5 The warranty does not apply if:
The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Osoe Home
Scherpenhoek 21
3085 EH Rotterdam
hello@osoehome.nl
Chamber of Commerce number: 89517830
VAT number: NL865007123B01