TERMS AND CONDITIONS
General terms and conditions Ogosh.nl
Our general terms and conditions are in accordance with the guidelines of the Netherlands Authority for Consumers and Markets (ACM). The rights of the consumer are therefore well protected.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
OGOSH.
Tel Webshop: +31 6 28036337
Chamber of Commerce number: 82461511
E-mail: info@ogosh.nl
Article 2. Applicability
2.0 Handmade items - We do not guarantee the color fastness of painted / sprayed items. These items come with special washing instructions if necessary. This also applies to any possible transfer due to circumstances beyond our control such as weather, humidity, sanding and incorrect washing.
2.1 These general terms and conditions (hereinafter referred to as: “General Terms and Conditions”) apply to all offers, orders and agreements of OGOSH via the webshop. Both OGOSH and the consumer acknowledge the legal validity of electronic communication, as also stipulated in European regulations. The consumer cannot derive any rights from any agreed deviations for future orders.
2.2 Accepting an offer or placing an order implies that the consumer accepts the applicability of these conditions.
2.3 Deviations from the provisions of these terms and conditions may only be made in writing, in which case the other provisions will remain in full force.
Article 3. Offers / agreements
Please note: Different conditions apply to sale products.
3.1 All offers and quotations from OGOSH are without obligation. OGOSH expressly reserves the right to change prices, in particular but not exclusively when this is necessary on the basis of (legal) regulations.
3.2 Samples and models shown and/or provided, as well as specifications of colours, sizes and other descriptions in brochures, promotional material, websites or social media of OGOSH are as accurate as possible, but are only valid as an indication. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
3.3 An agreement is only concluded after acceptance of the consumer's order by OGOSH. As long as OGOSH has not confirmed the order to the consumer, no agreement has been concluded. If the consumer's acceptance deviates from OGOSH's offer, OGOSH is not bound by it. In that case, no agreement has been concluded, unless the parties have expressly agreed otherwise in writing.
3.4 OGOSH reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without a reason. Any payment already made will of course be refunded to the account of the bank or credit card company from which this payment originated.
3.5 By ordering from us – via the website or by e-mail – a legally valid purchase agreement is created, which must be followed by payment.
Article 4. Prices / shipping costs / payment / retention of title / non-payment
4.1 The stated prices for the products and services offered are in euros including VAT, unless explicitly stated otherwise.
4.2 For transport within the Netherlands, with the exception of the Caribbean Netherlands, OGOSH charges a maximum of €.. For consumers from countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. OGOSH reserves the right to conform this amount to the most current tariff for these services by PostNL or an equivalent provider of parcel services.
4.3 OGOSH works in principle by means of prepayment (online or in advance by bank transfer). After an order, the consumer receives a confirmation by e-mail with the total costs, including shipping costs. No additional costs are charged for online payments. After receipt of the entire payment, OGOSH will send the consumer's order. All articles remain the property of OGOSH until the entire payment has been received.
4.4 Non-payment occurs if the invoice amount has not been paid or has not been paid in full 21 days after the conclusion of the agreement. The consumer will then be reminded in writing to pay the entire amount or the remaining amount immediately. If the amount has not been paid within 14 days after receipt of the reminder, OGOSH is entitled to collect the amount due plus a minimum of €40, in accordance with the Decree on compensation for extrajudicial collection costs, or to terminate the agreement.
Article 5. Delivery
5.1 OGOSH ships all orders in principle within 4-5 working days after receipt of the order via POSTNL (or an equivalent parcel service) to the delivery address specified with the order. Unless otherwise stated with the product (we make everything ourselves, and sometimes this involves working days). If we deviate from this for certain reasons, the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can collect the package at a POSTNL point or an equivalent parcel service in the area. If the package is not collected within 3 weeks, the package will be returned to us. OGOSH will refund the purchase amount minus the shipping costs to the consumer.
5.2 If terms are stated in working days, this means all days from Monday to Friday, with the exception of public holidays.
5.3 The stated delivery times are only indicative. Exceeding the agreed delivery times does not entitle the consumer to compensation, termination of the agreement or non-fulfilment of any obligation that may arise for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of OGOSH or the third party(ies) engaged by it, such as a postal/shipping company.
5.5 OGOSH strives to deliver the order in one go, but can also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an article is unexpectedly no longer available. In that case, OGOSH will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / warranty
6.0 Not all hand painted items can be returned / exchanged for another size if possible. If you have any questions about the size, you can always ask us for advice.
6.1 After the consumer has received the ordered items via our webshop or by e-mail, the consumer has a cooling-off period as described in article 6.3.
6.2 The article must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail by the consumer within 5 working days of receipt. Articles with an error, imperfection or damage that are returned without a report of an error, imperfection or damage by the consumer within 5 working days of receipt, cannot be accepted.
6.3 If the consumer is not satisfied with the order via our webshop or by e-mail, the consumer can indicate within 5 working days after receipt of the item(s) that he/she wishes to return the item(s). The consumer can use the “Model withdrawal form” for this purpose, available on this website. The consumer can also invoke the right of withdrawal by means of an unambiguous statement. The consumer sends the item(s) to be returned with the packing slip immediately, but in any case within 5 working days after submission of the aforementioned form or the unambiguous statement, to OGOSH. The consumer bears the costs for the return shipment.
6.4 The right of withdrawal does not apply to hygiene-sensitive items.
6.5 If the consumer has returned the ordered items, the consumer may exchange them for a different size or receive a refund of the purchase price including the shipping costs paid to OGOSH, taking into account the provisions of article 6.6. If the consumer keeps part of the order, the consumer will only receive a refund of the purchase price of the returned items, not the shipping costs.
6.6 We will instruct the bank or credit card company used when placing the original order to refund the amount already paid (including any standard shipping costs) to the consumer within 5 working days of receipt of the returned items. Any higher shipping costs for the original shipment from OGOSH to the consumer, which the consumer has chosen, than the least expensive method of standard delivery offered by OGOSH, will not be reimbursed by OGOSH.
6.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. A condition for actually exercising the right of withdrawal is that the articles in question are properly packaged, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip. If damage has occurred as a result of inadequate shipping packaging or if the postal item is insufficiently franked, OGOSH reserves the right to refuse a return shipment.
6.8 Based on the law, the consumer is entitled to a sound product that must meet the expectations that the consumer may reasonably have of it. We will resolve any problem with the soundness of the product as soon as possible. If the solution does not meet the consumer's expectations, the consumer can cancel the order without additional costs.
6.9 The warranty and the right of withdrawal referred to in this article shall lapse, among other things, if:
- The item has been worn and/or washed (this does not mean trying on the clothing);
- The article has been damaged by the consumer and/or the consumer has attempted to repair the damage or defect;
- The label(s) and/or accessories have been removed or are missing;
- The consumer has not followed the instructions for use and/or operating instructions; and/or
- The article has been manufactured according to the specification(s) provided by the consumer.
Article 7. Force Majeure
7.1 In the event of force majeure, OGOSH has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by communicating this in writing and without OGOSH being obliged to pay any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
7.2 Force majeure means any shortcoming that cannot be attributed to OGOSH, because it is not its fault and cannot be attributed to it under the law, legal act or generally accepted views.
Article 8. Liability
8.1 OGOSH is not liable for indirect damage. OGOSH will only invoke this exclusion of liability if and to the extent that this is legally permitted.
Article 9. Miscellaneous
9.1 If the consumer provides OGOSH with an address in writing, OGOSH is entitled to send all orders to that address, unless the consumer provides OGOSH with another address in writing to which the orders should be sent.
9.2 If OGOSH has permitted deviations from these General Terms and Conditions for a short or long period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these General Terms and Conditions. The consumer may never assert any right on the grounds that OGOSH applies these General Terms and Conditions flexibly.
9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with OGOSH is/are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by OGOSH.
9.4 OGOSH is authorized to use third parties in the execution of the order(s).
Article 10. Complaints procedure
10.1 OGOSH has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
10.2 Complaints about the performance of the agreement must be submitted to OGOSH fully and clearly described within 7 days after the consumer has discovered the defects.
10.3 Complaints submitted to OGOSH will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, OGOSH will respond within the period of 7 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
10.4 The consumer gives OGOSH at least 4 weeks to resolve the complaint by mutual agreement. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure, as described in article 10.5.
10.5 In the event of complaints, a consumer must first contact OGOSH (info@ogosh.nl). OGOSH will handle complaints as described in article 10.3. In the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both OGOSH and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
10.6 A complaint does not suspend the consumer's obligations, unless OGOSH indicates otherwise in writing.
10.7 If a complaint is found to be justified by OGOSH, OGOSH will, at its discretion, either replace, repair or refund the delivered products free of charge.
Article 11. Applicable law
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.