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TERMS AND CONDITIONS OUR HOUSE SHOP
1.DEFINITIONS
In these general terms and conditions, the following definitions apply:
“Reflection period”: the period within which the Consumer can 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 an Agreement with Our House (“OH”) “Right of withdrawal”: the option for the Consumer to cancel the Agreement within the Cooling-off Period.
“Agreement”: the agreement between the Consumer and OH regarding the purchase of one or more products via the Website.
“OH”: Our House Amsterdam B.V., with its registered office in Amsterdam and its principal place of business at Amstelstraat 24 (1017DA) Amsterdam, registered with the Chamber of Commerce under number 81175825 “Website”: the website webshop.our-house.com.
APPLICABILITY
2.1. These Terms and Conditions apply to every offer, transaction and Agreement concluded between OH and Consumer.
2.2. Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the Agreement is concluded that the Conditions can be viewed at OH and they will be sent free of charge as soon as possible at the request of the Consumer.
2.3. If the Agreement is concluded electronically, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these Terms and Conditions can be made available electronically to the Consumer in such a way that it can be easily read by the Consumer. stored on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the Terms and Conditions can be consulted electronically and that they will be sent free of charge at the request of the Consumer electronically or otherwise.
2.4. OH reserves the right to make changes to these Terms. The amended Terms and Conditions will apply to all new Agreements from the effective date.
2.5. If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect. The invalid provision will then be replaced by a valid provision that corresponds as closely as possible to the intent of the invalid provision.
THE OFFER
3.1. If an offer has a limited period of validity and/or is made under different conditions, this will be explicitly stated in the offer.
3.2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If OH uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on OH.
THE AGREEMENT
4.1. Subject to the provisions of paragraph 4, the Agreement is concluded at the moment of acceptance by the Consumer of the offer and compliance with the conditions set therein.
4.2. If the Consumer has accepted the offer electronically, OH will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by OH, the Consumer may dissolve the Agreement.
4.3. If the Agreement is concluded electronically, OH will take appropriate technical and organisational measures to secure the electronic transfer of data and OH will ensure a safe web environment. If the Consumer can pay electronically, OH will take appropriate security measures to that end.
4.4. OH can inform itself – within legal frameworks – whether the Consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, OH has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
RIGHT OF WITHDRAWAL
5.1. When purchasing products, the Consumer has the option to dissolve the Agreement without stating reasons during a Reflection Period of 7 days. This period starts on the day after receipt of the product by the Consumer.
5.2. Dissolution within the meaning of Article 5 paragraph 1 takes place by returning or returning the product by the Consumer to OH, or if the Consumer within the Cooling-off Period OH (whether or not by using the model form included in the appendix to these terms and conditions for revocation) informs you of the revocation. After the notification, the Consumer has 7 days to return the products to OH.
5.3. During the Reflection Period, the Consumer will handle the product and the packaging with care. They will only unpack the product to the extent necessary to assess whether they wish to keep the product. If the Consumer has done more than is necessary to assess the product, OH is entitled to charge any depreciation to the Consumer.
5.4. The products can only be returned in original packaging as far as possible, with all accessories supplied and must be sufficiently stamped and insured. OH is not responsible for items that are lost or damaged during transport from the Consumer to OH.
5.5. The burden of proof that the Consumer has made timely use of his Right of Withdrawal or has returned the product within 7 days of receipt rests with the Consumer.
COSTS IN CASE OF WITHDRAWAL
6.1. If the Consumer makes use of his Right of Withdrawal, the costs of return will be at the Consumer's expense.
6.2. If the Consumer makes use of his Right of Withdrawal and has paid an amount for the product concerned, OH will refund this amount as soon as possible, but at the latest within 31 days after the return or withdrawal. OH will refund the Consumer with the same payment method, unless otherwise agreed. OH is entitled to withhold reimbursement until it has received the product or until the Consumer has demonstrated that he has returned the product.
EXCLUSION RIGHT OF WITHDRAWAL
7.1. OH can exclude the Consumer's Right of Withdrawal insofar as provided for in paragraph 2. The exclusion of the Right of Withdrawal only applies if OH has stated this clearly in the offer, at least in good time before the Agreement is concluded.
7.2. Exclusion of the Right of Withdrawal is only possible for products:
a) which have been created by OH In accordance with the specifications of the Consumer;
b) which cannot be returned after opening for hygienic reasons and of which the seal has been broken;
c) which can spoil or age quickly;
d) whose price is subject to fluctuations in the financial market over which OH has no influence;
e) for loose newspapers and magazines;
f) for audio and video recordings and computer software of which the Consumer has broken the seal.
THE PRODUCT
8.1. The Consumer will only use the product for the purpose for which it was purchased and within that framework is further suitable by its nature.
8.2. OH expressly retains title to the product, either for itself or for a third party, until the Consumer has fulfilled all obligations under all Agreements concluded with OH. Obligations are understood to mean the obligation to pay the purchase price, as well as any payment obligations with regard to interest, costs and/or compensation.
8.3. The Consumer will do everything necessary to protect the property rights of OH or a third party. The Consumer shall immediately notify OH of any act that could result in the loss of or limitation of the right of ownership.
8.4. The Consumer cannot pledge, transfer ownership or grant third parties any other right to the products subject to retention of title.
8.5. In the event that OH wishes to exercise its property rights referred to in this article, the Consumer already now grants OH unconditional and irrevocable permission to take back the products delivered under retention of title (or have them taken back) without any judicial intervention, summons or notice of default. The Consumer must cooperate in this, on pain of a fine of €1,000 per violation, as well as a fine equal to €500 for each calendar day that the violation continues after notification of its discovery by OH, without prejudice to the right to claim full compensation from OH.
GUARANTEE
9.1. With due observance of the provisions of the following paragraphs of this article, OH guarantees the soundness of the products it supplies for a period of at least 3 months after the invoice date. The guarantee referred to in this Article (9) applies without prejudice to the legal provisions regarding guarantee and (non) conformity that the Consumer can rely on.
9.2. The warranty means that the product will be repaired or replaced if it does not comply with the Agreement. If repair or replacement is not possible or cannot be required of OH, the Consumer is free to dissolve the Agreement.
9.3. The warranty period is neither renewed nor extended by a repair by OH or a third party designated by OH during the period referred to in paragraph 1.
9.4. The warranty does not apply if the reported defects or damage are caused by: inexpert handling of washing instructions, inexpert ironing instructions, inexpert treatment, inexpert application, failure to perform proper maintenance and/or use of the delivered products for purposes that are outside the normal use of these products fall. The warranty also does not cover intentional or careless damage.
9.5. For (parts of) products that are not manufactured by OH itself, OH grants the same guarantee as its supplier grants to it on these products, but with a maximum of the term referred to in paragraph 1 and with the same restrictions as stated in paragraphs 2, 3, 4 and 5.
DELIVERY AND EXECUTION
10.1. OH will take the greatest possible care when receiving and executing orders for products.
10.2. The place of delivery is the address that the Consumer has made known to OH. OH only delivers to addresses mentioned in the webshop.
10.3. With due observance of what is stated in Article 3 of these Terms and Conditions, OH will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 calendar days after they have placed their order. In that case, the Consumer has the right to dissolve the Agreement without costs.
10.4. In the event of dissolution in accordance with the previous paragraph, OH will refund the amount that the Consumer has paid as soon as possible, but at the latest within 30 calendar days after dissolution.
10.5. The risk of damage and loss of a product during transport to the Consumer is for OH. After the product has been received by or on behalf of the Consumer, the risk of damage and loss passes to the Consumer.
RIGHT OF ADVERTISING
11.1. The right of complaint accruing to OH does not expire until the Consumer has fulfilled all obligations under all Agreements concluded with OH. Obligations are understood to mean the obligation to pay the purchase price, as well as any payment obligations with regard to interest, costs and/or compensation.
11.2. OH is authorised to invoke its right of complaint without any judicial intervention, summons or notice of default.
11.3. Disposal and/or encumbrance of the product does not affect OH's right to complain.
THE PRICE
12.1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
12.2. The prices stated in the product range include VAT.
PAYMENT AND PAYMENT TERMS
13.1. Payment is made in one of the ways indicated on the Website. If no payment is made, OH will once again give the Consumer the option to pay within 7 days, whereby no additional costs will be charged.13.2. OH is authorised to suspend its obligations arising from the Agreement if the Consumer fails to meet his obligations, without observing any term and without any liability arising for OH from this.
13.3. Settlement by the Consumer of the amounts invoiced by OH against a counterclaim made by the Consumer, or suspension of payment by the Consumer in connection with a counterclaim asserted by the latter, is only permitted insofar as the counterclaim has been expressly and without reservation acknowledged by OH or has been irrevocably established in law.
13.4. Objections to the amount of the invoice do not suspend the payment obligations.
13.5. The Consumer has the obligation to immediately report inaccuracies in payment details provided or stated to OH.
13.6. All judicial and extrajudicial costs to be incurred by OH in the context of the fulfilment of the Agreement(s) concluded between OH and the Consumer will be borne by the Consumer.The extrajudicial collection costs owed by the Consumer to OH as referred to in Article 6: 96, paragraph 2, under c of the Dutch Civil Code are calculated on the basis of Article 2 of the Decree on compensation for extrajudicial collection costs of 27 March 2012 on the outstanding principal sum and read as follows:
o 15% on the first € 2,500 with a minimum of € 40,-
o 10% on the next € 2,500,-
o 5% on the next € 5,000,
o 1% on the next € 190,000,-
o 0.5% on the excess with a maximum of € 6,775.
Liability AND FORCE MAJEURE
14.1. OH is only liable for damage suffered by the Consumer if this damage is attributable to OH or if it is at the risk of OH pursuant to statutory provisions.
14.2. OH is not liable for any damage if this is caused by a shortcoming as a result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond the control of OH, which in any case include: corona, war or similar situations, terrorism, riot, sabotage, boycott, strike, occupation, blockade, illness of OH personnel, failure of OH suppliers and/or carriers, government action (including a foreign government) such as a transportation, import, or production ban, natural disasters, inclement weather, lightning, fire, explosion, and release of hazardous substances or gases. None of the above applies in the event of intent and/or gross negligence on the part of OH. The Consumer must prove that there is intent or gross negligence on the part of OH.
14.3. In the event of force majeure, the fulfilment by OH of its obligations under the Agreement will be suspended in whole or in part for the duration of the force majeure concerned, without OH being obliged to pay any compensation in that regard.
14.4. If OH is prevented from (further) performing the Agreement due to force majeure of a temporary (longer than three months) or permanent nature, it is entitled to dissolve the Agreement without any obligation to pay compensation without judicial intervention, or to to suspend the Agreement. The Consumer then also has the right to dissolve the Agreement, without being entitled to compensation in that case.
COMPLAINTS PROCEDURE
15.1. Complaints about the execution of the Agreement must be submitted within a reasonable time, fully and clearly described, via the contact form on the website, after the Consumer has discovered the defects.
15.2. Complaints submitted to OH will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, OH will reply within the period of 14 calendar days with a notification of receipt and an indication when the Consumer can expect a more detailed answer.
15.3. If no solution is reached, the Consumer can use the ODR platform (Online Dispute Resolution) of the European Commission for extrajudicial mediation in a dispute via http://ec.europa.eu/consumers/odr.
Privacy and General Data Protection Regulation
16.1. OH respects the privacy of the Consumer.
16.2. The processing of the Consumer's data takes place in accordance with the Privacy Statement. 17
DISPUTES AND APPLICABLE LAW
17.1. All offers, Agreements and the execution thereof are exclusively governed by Dutch law.
17.2. All disputes, including those that are only regarded as such by one of the parties, which may arise as a result of an Agreement to which the present terms and conditions apply in whole or in part or as a result of further Agreements that are the result of a such Agreement, will be adjudicated by the competent court in the district where OH is located, unless rules of mandatory law oppose this.
