TERMS AND CONDITIONS
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
ARTICLE 1. DEFINITIONS
1.1. Ogerbeads: based in Assendelft and registered with the Chamber of Commerce under file number 51975459, trading as Ogerbeads.
1.2. Website: the Website of Ogerbeads, to be found on www.ogerbeads.nl/www.ogerbeads.com and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with Ogerbeads and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Ogerbeads and Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
ARTICLE 2. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Ogerbeads, unless explicitly agreed otherwise in writing.
2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Ogerbeads if and in so far as Ogerbeads has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
ARTICLE 3. PRICES AND INFORMATION
3.1. All prices posted on the Website and in other materials originating from Ogerbeads include taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.2. The content of the Website is composed with the greatest care. Ogerbeads cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Ogerbeads are subject to obvious programming and typing errors.
3.3. Ogerbeads cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
ARTICLE 4. CONCLUSION OF THE AGREEMENT
4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Ogerbeads subject to the conditions laid down by Ogerbeads.
4.2. If Customer has accepted the offer by electronic means, Ogerbeads will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customerhas provided incorrect data, Ogerbeads will have the right to postpone the Agreement until the correct data is received.
ARTICLE 5. REGISTRATION
5.1. To make optimal use of the Website, Consumer can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, Consumer will be asked to choose a user name and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.
5.3. Consumer must keep its login credentials, user name and password strictly confidential. Ogerbeads cannot be held liable for any misuse of the login credentials and is always entitled to assume that Consumer who logs on to the Website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.
5.4. If Consumer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Ogerbeads accordingly so as to allow Ogerbeads to take appropriate measures.
ARTICLE 6. EXECUTION OF THE AGREEMENT
6.1. As soon as Ogerbeads has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
Orders placed Monday => Shipped on Tuesday
Orders placed Tuesday => Shipped on Wednesday
Orders placed Wednesday => Shipped on Thursday
Orders placed Thursday => Shipped on Friday
Orders placed Friday => Shipped on Monday
Orders placed Saturday => Shipped on Monday
Orders placed Sunday => Shipped on Monday
6.2. Ogerbeads is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3. In principle, the delivery term is 3-15 workdays within EU, the delivery time to countries outside the EU can take up to 6-8 weeks because of customs. Delivery may be effected in various ways, at the discretion of Ogerbeads.
6.4. If Ogerbeads is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
6.5. Ogerbeads advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably by email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, Ogerbeads is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
ARTICLE 7. RIGHT OF WITHDRAWAL/RETURN
7.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.
7.2. Consumer will have the right to dissolve the distance Agreement with Ogerbeads within 14 days after receiving the product, free of charge and without stating reasons sale items excluded.
7.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
- if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;
- if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.
7.4. Only the direct costs incurred for the return shipment are for Consumer’s account. This means that Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 1, Consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
7.6. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
7.7. Consumer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to Ogerbeads, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If Ogerbeads makes it possible for Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Ogerbeads sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Consumer shall return the product, or hand it over to (a representative of) Ogerbeads. Consumer can send the product directly to Ogerbeads without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
7.9. Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Ogerbeads does not have to refund the additional costs of the more expensive method. Except in cases in which Ogerbeads has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.
7.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
ARTICLE 8. PAYMENT
8.1. Customer shall pay the amounts due to Ogerbeads in accordance with the ordering procedure a