Terms and Conditions

Article   1 – Definitions
Article   2 – Corporate Identity
Article   3 – Applicability
Article   4 – Offers
Article   5 – The Agreement
Article   6 – Right of Withdrawal
Article   7 – Right of Withdrawal Costs
Article   8 – Exclusion of Right of Withdrawal
Article   9 – Pricing
Article 10 – Conformity and Warranty
Article 11 – Delivery and Implementation
Article 12 – Transaction of Duration: Duration, Cancellation and Extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Cooling-off period: the period within which the consumer may make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Transaction of duration: a distance contract pertaining to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to waive the distance agreement within the cooling-off period;
Model withdrawal form: the form which the trader makes available to the consumer and which the consumer must fill in and return when he wants to make use of his right of withdrawal;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby exclusive use is made of one or more methods of distance communication, within the framework of a distance selling system for products and/or services that is organised by the trader up to and including the conclusion of the agreement;
Distance communication method: any means used to conclude a contract without the consumer and trader meeting in the same room;
General Terms and Conditions: the current, applicable General Terms and Conditions of the trader.

Article 2 – Corporate Identity

Olivious Nederland BV
Flight Forum 40, ground floor
5657 BD EINDHOVEN
Telephone number: 085-3330031
Email address: hello@olivious.com
Netherlands Chamber of Commerce registration number: 72416718
VAT identification number: NL859103699B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the trader and to every concluded distance contract and order between trader and consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicated this to the consumer before the distance agreement is concluded that the General Terms and Conditions can be viewed and/or sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded by way of an electronic form, contrary to the previous paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions may be made available to the consumer in an electronic form in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded the trader will indicate where the General Terms and Conditions can be read in electronic form and/or will be sent free of charge in electronic form or otherwise at the request of the consumer.
In the event that other specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis; in the event of conflicting General Terms and Conditions the consumer may always invoke the most beneficial-to-him applicable provision.
If at any time one or more provisions of these General Terms and Conditions are wholly or partially invalid or become void, then the agreement and these General Terms and Conditions will remain in effect for the remaining General Terms and Conditions and the relevant provision will be immediately replaced in mutual consultation by one that fulfills the scope of the original as much as possible.
Situations that are not covered within these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.
Ambiguities concerning the interpretation or content of one or more provisions within these General Terms and Conditions must be interpreted in the spirit of these General Terms and Conditions.

Article 4 – Offers

Limited duration or subjection to conditions will be explicitly stated within an offer.
An offer is non-binding. The trader has the right to change and/or adjust an offer.
An offer includes a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the offered products and/or services. Obvious mistakes or manifest errors made in an offer are non-binding in regards to the trader.
All images, specifications and data within an offer are indicative and do not constitute reason for compensation or termination of the agreement.
Images of products are a true representation of the offered products. The trader cannot guarantee that displayed colours exactly match the true colours of the products.
Each offer contains such information that it made is clear to the consumer what rights and obligations are involved concerning the acceptance of the offer, specifically:
1. the price, inclusive of taxes;
2. (possible) delivery and shipping costs;
3. the manner in which the agreement will be concluded and the required actions;
4. whether or not the right of withdrawal is applicable;
5. the method of payment, delivery and implementation of the agreement;
6. the validity period for offer acceptance or the period within which the trader guarantees the price;
7. the distance communication rate if the costs of using a distance communication method are otherwise than the regular basic rate for the means of communication used;
8. whether the concluded agreement is archived and if so, how this can be accessed by the consumer;
9. the method by which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, amend it;
10. any other languages in which, in addition to Dutch, the agreement may be concluded;
11. the codes of conduct to which the trader is subject and the method by which the consumer can consult these codes of conduct in an electronic form; and
12. the minimum duration of the distance agreement in the event of a transaction of duration

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted electronic offers by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. The consumer can terminate the agreement for as long as the trader has not acknowledged receipt of this acceptance.
If the agreement is concluded in an electronic form, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer makes an electronic payment, the trader will take appropriate security measures.
The trader can – within the law – proceed with credit checks to ensure the consumer can meet payment obligations, as well as investigate details and factors considered by the trader of importance for the sound conclusion of the remote agreement. If, on the basis of this investigation, the trader has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its
execution.The trader 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 medium:
1. site address of the trader’s location where the consumer can communicate in person with any complaints;
2. conditions under which and the method by which the consumer can make use of his right of withdrawal, or a clear statement regarding an exclusion of the right of withdrawal;
3. information pertaining to warranty and post-purchase services;
4. information included in Article 4 paragraph 3 of these General Terms and Conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
5. requirements for agreement cancellation if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a transaction of duration, the provision in the previous paragraph applies to the first delivery only.

Article 6 – Right of Withdrawal

Upon product delivery:

When purchasing products, the consumer has the option to dissolve the agreement within 14 days without giving any reason. This reflection period commences on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and announced to the trader.
During the cooling-off period, the consumer must handle the product and the packaging with care. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition including unopened packaging and intact seal to the trader in accordance with the trader’s provided reasonable and clear instructions.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model withdrawal form. After the consumer has indicated a wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or the product has not been returned to the trader, the order will be considered delivered and satisfactory.

Article 7 – Right of Withdrawal Costs

If the consumer makes use of his right of withdrawal, his only costs will be those of the return shipment of the product.
If the consumer has already paid an unspecified sum, the trader will refund this amount as soon as possible but no later than within 14 days after the withdrawal. This is subject to the condition that the product has been received by the online retailer or conclusive proof of complete return can be presented to the trader.
In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for product depreciation if the trader has not provided all legally-required information concerning the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of Right of Withdrawal

The trader can refuse the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The refusal of the right of withdrawal only applies if the trader clearly states this in the offer and in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. created by the trader in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygiene products of which the consumer has broken the seal.

Article 9 – Pricing

During the validity period stated in the offer, the prices of the offered products and/or will increase, except in the case of price changes as a result of increased VAT rates.
Contrary to the previous paragraph, the trader has the right to offer variable pricing for products or services whose prices are subject to financial market fluctuations over which the trader has no influence. This association with such fluctuations and the fact that any offer prices are price targets is stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if these are the result of statutory regulations or provisions.
Price increases as from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
1. these are the result of statutory regulations or provisions; or
2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
Prices stated in an offer for products or services include VAT.
All pricing is subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the trader is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in offers, 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 trader may also guarantee that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims of the consumer against the trader pursuant to the agreement.
Any defective or incorrectly delivered products must be reported in writing to the trader within 4 weeks of delivery. These products must be returned in the original packaging and in unused condition.
The warranty period of the trader corresponds to the factory warranty period. However, the trader is at no time responsible for the suitability of the trader’s products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by one or more third parties;
2. The delivered products have been exposed to irregular circumstances or the product and/or packaging are otherwise carelessly handled or are handled contrary to the instructions of the trader;
3. The defect is wholly or partly the result of current or future government regulations with regard to the nature or quality of the materials used.

Article 11 – Delivery and Implementation

The trader will exercise the greatest possible care when taking and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address as given by the consumer to the trader.
With due observance of paragraph 4 of this Article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In this case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a suggested term does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this Article, the trader will refund the amount paid by the consumer as soon as possible but no later than within 14 days after termination.
If delivery of an ordered product is not possible, the trader will endeavour to make a replacement product available. Should a replacement product be delivered, this will be stated in a clear and comprehensible manner before shipment. Exclusion of right of withdrawal does not apply in the case of replacement products. The costs of a possible return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and announced to the trader, unless explicitly agreed otherwise.

Article 12 – Transaction of Duration: Duration, Cancellation and Extension

Cancellation

The consumer can at any time cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period not exceeding one month.
The consumer can at any time cancel an agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period not exceeding one month .
The consumer can, in relation to the agreements mentioned in the previous paragraphs:
1. Cancel at any time without being limited to a specific time or during a specific term;
2. Cancel using the same methods in which the agreement was made;
3. Cancel within the same cancellation period as the trader has negotiated for itself.

Extension

An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right to end the agreement at any time with a notice period not exceeding one month.

Article 13 – Payment

Unless otherwise agreed, the sum owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins upon the consumer’s receipt of confirmation of this agreement.
The consumer is expected to report inaccuracies in provided or specified payment data to the trader without delay.
In the event of consumer non-payment, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints

The trader has a clear and visible complaints procedure and deals with all complaints according to this procedure.
Complaints concerning the implementation of the agreement must be fully and clearly described and submitted to the trader within 7 days of the consumer having detected the defect(s).
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable extension of this processing time, the trader will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a detailed reply.
If the complaint cannot be resolved over mutual consultation, a dispute exists that is subject to dispute settlement.
In the case of complaints, a consumer must first deliberate with the trader. In the event of a complaint that cannot be resolved by mutual agreement with a webshop affiliated with a webshop organisation, the consumer should contact that organisation. The organisation’s decision is binding and both trader and consumer will agree with this decision. The submission of a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will replace the delivered products or the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the trader and the consumer to which these General Terms and Conditions apply, even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional and/or deviating provisions from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored on a durable medium in an accessible manner.

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