-1-40x40.webp){kind=small}
Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Business
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 - Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Long-Term Contracts: Term, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business;
Day: calendar day;
Continuing Contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or accept is spread out over time;
Durable medium: any medium that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the business, which a consumer may complete when wishing to exercise their right of withdrawal.
Business: the natural or legal person who offers products and/or services to consumers through distance selling;
Distance Contract: a contract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Means of Distance Communication: a means that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.
Terms and Conditions: the present Terms and Conditions of the business.
Article 2 - Identity of the business
OXY BV
Vijzelstraat 147
2584GL The Hague
Phone number: 0031-708903526 (9:00 a.m.–6:00 p.m.)
Email address: oxy@oxy.nl
Chamber of Commerce number: 280 98513
VAT identification number: NL8124.54.455.B01
Article 3 - Applicability
These General Terms and Conditions apply to every offer made by the merchant and to every distance contract and order concluded between the merchant and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for review at the business’s premises and will be sent free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or by other means upon the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him or her.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the agreement and these terms and conditions shall remain in full force and effect in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The business is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.
All images and specifications in the offer are for illustrative purposes only and cannot give rise to claims for damages or termination of the contract.
Product images are a true representation of the products offered. The merchant cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to:
the price, including taxes;
any shipping costs;
the manner in which the contract will be concluded and the steps required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the time limit for accepting the offer, or the time limit within which the business guarantees the price;
the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard base rate for the means of communication used;
whether the contract will be archived after it is concluded, and if so, how the consumer may access it;
the manner in which the consumer, prior to concluding the contract, may review the information provided by him or her in connection with the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the business operator is subject and the manner in which the consumer can access these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, and types of materials.
Article 5 - The Contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the contract is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for this purpose.
The business may—within legal limits—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business operator has valid grounds not to enter into the contract, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to its performance.
The business operator shall provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
a. the visiting address of the business operator’s location where the consumer can file complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information regarding warranties and existing after-sales service;
d. the information set forth in Article 4, paragraph 3, of these terms and conditions, unless the merchant has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated in advance by the consumer and notified to the business.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether to keep it.
You may not actually use the product if you do not yet know whether you will keep it. The seller may charge a fee if, upon return, it appears that you have done something to the product that was not necessary to assess it.
Products that are not suitable for return for health or hygiene reasons. You must not break the seal after delivery; otherwise, you will no longer be entitled to the cooling-off period.
If the consumer exercises their right of withdrawal, they must return the product to the merchant with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the merchant within 14 days of receiving the product. The consumer must provide this notice using the model form. After the consumer has notified the merchant of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example, by means of proof of shipment.
If, after the expiration of the time limits specified in paragraphs 2 and 3, the customer has not notified the business of their intention to exercise their right of withdrawal or has not returned the product to the business, the sale is considered final.
For the provision of services:
For the provision of services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day the contract is entered into.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the merchant in the offer and/or, at the latest, upon delivery.
Article 7 - Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, they are responsible for no more than the costs of return shipping.
If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the Right of Withdrawal
The merchant 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 merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the merchant in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, by their nature, cannot be returned;
d. that are liable to spoil or age rapidly;
e. whose price is subject to fluctuations in the financial market over which the merchant has no control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer;
h. for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. relating to lodging, transportation, restaurant services, or recreational activities to be performed on a specific date or during a specific period;
b. for which delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 - The Price
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market and over which the merchant has no control at variable prices. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases occurring 3 months or more after the conclusion of the contract are permitted only if the business has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract effective as of the day the price increase takes effect.
The prices listed in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the business is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The business warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also warrants that the product is suitable for uses other than normal use.
Any warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the business under the agreement.
Any defects or incorrectly delivered products must be reported to the business in writing within 4 weeks of delivery. Products must be returned in their original packaging and in like-new condition.
The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the ultimate suitability of the products for any individual use 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the merchant’s instructions and/or the instructions on the packaging;
The defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.
Article 11 - Delivery and Performance
The business will exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are approximate. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the merchant.
The risk of damage to and/or loss of products rests with the business until the moment of delivery to the consumer or to a representative designated in advance and made known to the business, unless expressly agreed otherwise.
Article 12 - Continuing Contracts: Term, Termination, and Renewal
Termination
The consumer may terminate a contract entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a fixed term that provides for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
at any time, without being restricted to termination at a specific time or during a specific period;
at least in the same manner in which they were entered into;
always with the same notice period as the business has stipulated for itself.
Renewal
A contract entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Notwithstanding the preceding paragraph, a contract entered into for a fixed term and intended for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer may terminate this extended contract by the end of the extension period with a notice period of no more than one month.
A contract entered into for a fixed term and covering the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract covers the regular, but less than once a month, delivery of daily newspapers, news publications, weekly newspapers, and magazines.
A fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Term
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the business.
In the event of non-payment by the consumer, the business has the right—subject to legal limitations—to charge the consumer for reasonable costs that were disclosed to the consumer in advance.
Article 14 - Complaints Procedure
The business operator has a clearly publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the business operator within 7 days of the consumer’s discovery of the defects, and must be fully and clearly described.
Complaints submitted to the business will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of a complaint, a consumer must first contact the business.
A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing.
If the business finds a complaint to be valid, the business will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law exclusively governs agreements between the business and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 16 - Additional or Deviating Provisions
Any provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a manner that the consumer can store them in an accessible way on a durable medium.