Terms & Conditions | O M A N Y E ™

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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read everything about the cooling-off period

Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they want to exercise their right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

O M A N Y E ™
Dasseburcht 14

4874jn Etten-Leur
Netherlands

E support@omanye.world
KVK 92411223
VAT number NL866033944B01

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and every distance contract and orders between the entrepreneur and the consumer that have been concluded.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur’s and they will be sent to the consumer as soon as possible free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically consulted and that they will be sent to the consumer electronically or in another way free of charge upon request.

In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs are correspondingly applicable, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, then the contract and these terms and conditions will otherwise remain in force, and the relevant provision will immediately be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not regulated by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear for the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

the price including taxes;
any costs of delivery;
the way in which the contract will be concluded and which actions are required for this;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery, or execution of the contract;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are charged on a basis other than the regular basic rate for the used communication medium;
whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if necessary, restore the data provided by him in the context of the contract;
any other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an extended transaction.

Article 5 – The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to enter into the distance contract responsibly. If the entrepreneur based on this investigation has good reasons not to enter into the contract, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium:

the address of the establishment of the entrepreneur where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and existing service after purchase;
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;
the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered under the suspensive conditions of sufficient availability of the concerned products.

Article 6 – Right of withdrawal

When delivering products:

Upon purchasing products, the consumer has the option to dissolve the contract without stating reasons for 14 days. This reflection period starts on the day following the receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur in advance.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

When the consumer wants to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur using the model withdrawal form or by other means such as email. After the consumer has indicated that he wants to use his right of withdrawal, he must send the product back within 14 days. The consumer needs to prove that the products were returned in a timely manner, for instance through a proof of shipment.

If the consumer does not notify the entrepreneur of his desire to use the right of withdrawal or return the product within the periods mentioned in paragraph 2 and 3, the purchase is a fact.

When delivering services:

Upon delivery of services, the consumer has the option to dissolve the contract without stating reasons for at least 14 days, starting on the day of entering into the agreement.

To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of returning the goods will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditioned on the product having been received back by the merchant or evidence of complete return being provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.

The consumer may be held liable for any diminished value of the product which results from the handling of the product beyond that necessary to establish its nature, characteristics, and functioning.

The consumer cannot be held liable for diminished value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
where the delivery has begun with the consumer’s explicit consent before the end of the cooling-off period;
regarding betting and lotteries.

Article 9 – The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the option to cancel the contract with effect from the day on which the price increase starts.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In case of print and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, a manufacturer, or an importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defects.

The warranty period provided by 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.

The warranty does not apply if:

the consumer has repaired and/or processed the delivered products or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has issued or will issue concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur shall observe the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.

As a place of delivery, the address that the consumer has made known to the company is considered.

With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives notification of this no later than 30 days after he placed the order. In such cases, the consumer has the right to terminate the contract without any penalties and is entitled to any compensation.

All delivery periods are indicative. No rights can be derived from any mentioned periods. Exceeding a term does not entitle the consumer to compensation.

In the event of termination according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as quickly as possible but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement article available. At the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and entrepreneur-acknowledged representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

A consumer may cancel an ongoing contract designed to deliver products (including electricity) or services at any time, adhering to agreed cancellation rules and a notice period of no more than one month.

A consumer may at any time terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services by the end of the fixed term, observing the agreed cancellation rules and a notice period of no more than one month.

Contracts mentioned in the previous paragraphs may be canceled at any time:

without being limited to cancellation at a specific time or in a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as stipulated by the entrepreneur.

Extension

A contract that has been entered into for a fixed period and that involves the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.

Deviant from the above, a fixed-term contract that involves the regular delivery of daily, news, and weekly publications and magazines may be silently extended for a maximum of three months if the consumer can cancel this extended contract by the end of the extension with a notice period of no more than one month.

A fixed-term contract that involves the regular delivery of products or services may only be silently extended indefinitely if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the contract involves less frequent delivery of daily, news, and weekly publications and magazines.

A contract with a limited duration for the regular introductory delivery of daily, news, and weekly publications and magazines (trial or introductory subscription) will not be silently continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days following the start of the cooling-off period as referred to in Article 6, paragraph 1. In case of an agreement to provide a service, this period starts after the consumer receives confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs announced to the consumer beforehand.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute that is eligible for the dispute settlement procedure will arise.

For complaints, a consumer should first approach the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and if complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer needs to pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at her discretion.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or differing provisions

Additional or different provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable medium.