General terms and conditions of
Oooms. v.o.f.
Article 1. Applicability of these conditions
1.1 These general terms and conditions
of sale (hereafter: Conditions) are applicable to all offers, (sales)
agreements and deliveries of Oooms v.o.f. (hereafter: Oooms), to the exclusion
of any other general terms and conditions. These Conditions have been
registered with the Chamber of Commerce in
1.2 In these Conditions, the other party of Oooms will
be referred to as ‘the client’.
1.3 The purchase conditions of the client shall not exclude or limit the
applicability of these Conditions.
1.4 By accepting an offer, placing an order or entering into an agreement, the
client also accepts the applicability of these Conditions.
1.5 A deviation from the provisions contained in these Conditions can only be
made in writing and solely by Oooms, in which case the other provisions will
remain unimpaired.
1.6 All rights and claims as stipulated in these Conditions and if applicable
in additional agreements for the benefit of Oooms, are likewise stipulated for
the benefit of intermediaries and other third parties used by Oooms.
Article 2. Offers and agreements
2.1 All offers and quotations made by
Oooms are free of obligation and Oooms retains the express right to change the
prices, in particular when this is required on the basis of (statutory)
regulations. See article 3.7.
2.2 An agreement only comes into effect after written acceptance by Oooms of the
client’s order. Oooms is entitled to refuse orders or attach certain conditions
to the delivery, unless explicitly stipulated otherwise. If an order is not
accepted, this will be communicated by Oooms within ten (10) working days of
receiving the order.
2.3 If the agreed price, discount or delivery time is based on a clear mistake,
typing error or printing error, both Oooms and the client have the right to
rectify the error(s) or cancel the order. See article 3.7.
2.4 The colours, materials, sizes and finish of all information, models and
images are only intended as an indication. Minor deviations from this cannot be
grounds for rejection, a discount, compensation or annulment of the agreement.
Article 3. Prices and payments
3.1 The prices specified for the
offered goods are in euros (€), inclusive of VAT and exclusive of
administration and shipment costs and any applicable taxes or other levies,
unless specified otherwise or agreed in writing.
3.2 All first deliveries in the
3.3 In the case of a subsequent delivery within the
3.4 Payment can be made in (one of) the way(s) as specified during the ordering
process. Additional conditions in respect of payment and/or the order can be
specified for an order. In the case of payment by bank or giro, the applicable
date of payment is the date of the credit entry in the Oooms giro or bank
account.
3.5 If the term of payment is exceeded, the client is in default from the date
the payment should have been made and will be obliged to pay interest for
overdue payment of one percent (1%) per month or part of a month over the
outstanding amount. If payment is made after a demand for payment has been made
by Oooms, the client must pay an amount of twenty five euros (€ 25) for
administration costs and if Oooms has contracted out the payment collection,
the client must also pay the collection charges, which will be a minimum of
fifteen percent (15%) of the outstanding amount, however this does not
prejudice the right of Oooms to instead collect the actual extrajudicial
collection costs.
3.6 If the client defaults on any payment, Oooms is entitled to suspend or
cancel the (execution of) the relevant agreement and any other associated
agreements.
3.7 If the prices of the offered products and services increase during the
period between the order and its execution, the client is entitled to cancel
the order or dissolve the agreement within five (5) working days of being
notified by Oooms of the price increase.
Article 4. Delivery and receipt
4.1 The delivery times specified by
Oooms are only intended as an indication. Exceedance of a delivery time does
not entitle the client to compensation, cancel the order or dissolve the
agreement, unless the delivery time has been exceeded to the extent that it is
no longer reasonable for the client be expected to maintain the agreement. The
client is then entitled to cancel the order or dissolve the agreement, if
necessary.
4.2 Oooms is entitled to deliver the ordered products in consignments and to
invoice the delivered products separately.
4.3 The delivery of the products takes place at the location and time at which
the products are ready for shipment to the client, irrespective of any
agreement between Oooms and the client regarding the transport and, if
applicable, insurance.
4.4 The client is obliged to inspect the products on delivery to determine
whether they conform to the agreement. If the packaging is missing or damaged,
the client must open the packaging in the presence of the conveyor and inspect
the goods for damage and the client must document any damage on the delivery
note. If damage is identified that is the result of defective packaging, the
client can refuse the product and return it to the conveyor. The client must
provide written reasoned notification to Oooms of any (transport) damage or
other deficiencies as quickly as possible and certainly within two (2) working
days of delivery, or after detection could reasonably be expected.
4.5 If the client in cases other that those referred to in the previous
paragraph should refuse a delivery, Oooms can charge the resulting costs to the
client. In this case Oooms is entitled to dissolve the agreement, without
prejudice to their right to claim full compensation.
Article 5. Complaints and returns
5.1 A complaint is unfounded if the
product has not been used in accordance with the directions for use, the
product has been used improperly, has not been used in accordance with its
designated use or the defect has occurred as a result of carelessness of the
client.
5.2 Products that are the subject of a complaint may only be returned by the
client to Oooms after prior written permission from Oooms or after notification
from Oooms that they wish the goods to be returned. Oooms is entitled to issue
instructions regarding the method of shipment.
5.3 If it is established that the product does not comply with the agreement,
Oooms has the choice of replacing the returned products with new products or
refunding the invoiced amount.
5.4 If the client wishes not to take delivery of a product for whatever reason,
the client is entitled to return the product to Oooms within seven (7) working
days of delivery. In this case, return shipments will only be accepted if they
are returned undamaged and in the original packaging, whereby the shipping
costs must be paid in full by the client. In no case is Oooms responsible or
can be held responsible for loss or damage during the return transport.
5.5 If Oooms repairs or replaces faulty goods after a well-founded complaint,
Oooms is deemed to have delivered in time even if this results in the
exceedance of a deadline specified by the client.
Article 6. Retention of title
Ownership of the delivered products
is transferred only after the client has paid all amounts due to Oooms, in
accordance with any agreements. The risks related to the products pass to the client
at the moment of delivery (see art. 4.3).
Article 7. Intellectual and industrial property rights
The client must respect completely
and unconditionally the intellectual and industrial property rights attached to
the products supplied by Oooms.
Article 8. Liability
8.1 Oooms accepts liability for
damage sustained by a third party, to the extent the liability ensues from the
Product Liability Act and up to the maxima based on this Act.
8.2 Other damage or damage exceeding the provisions in the previous paragraph
will not be accepted by Oooms, unless there is demonstrable intent or gross
negligence on the part of Oooms. If Oooms is liable in respect of the above,
liability for damage as a result of loss of profit and consequential loss is
expressly excluded.
8.3 The maximum liability of Oooms is always limited to the amount of the
product or products that resulted in the damage, providing this sum does not
exceed forty five thousand euro (€ 45.000) in the case of damage related to
personal injury and shall in all events and at all times be limited to a
maximum of the amount paid by the insurer to Oooms for the appropriate
instance.
8.4 All other damage, including loss of profit and consequential loss,
resulting from non-delivery or late delivery is expressly excluded.
Article 9. Force majeure
9.1 Without prejudice to other rights
to which they are entitled, in the case of force majeure, Oooms has the right
if they so desire to suspend the execution of the order or dissolve the
agreement without judicial intervention, by notifying the client in writing and
without Oooms being liable for any compensation, unless this would be
unacceptable according to the standards of reasonableness and fairness under
the given circumstances.
9.2 Force majeure is understood to mean every shortcoming that cannot be
attributed to Oooms, because no blame for the shortcoming is attributable to
them and pursuant to the law, legal act or generally accepted practice they are
not responsible for the shortcoming.
9.3 To the extent that Oooms had already fulfilled, or will still fulfil, part
of their commitments ensuing from the agreement at the time of the force
majeure, Oooms is entitled to invoice the part that has been or will be
fulfilled. In this case, the client is obliged to pay this invoice as though it
were a separate agreement.
Article 10. Communication
Unless there is demonstrable intent
or gross negligence on the part of Oooms, Oooms is not liable for mistaken,
corrupted, delayed or the improper transferral of orders or notifications as a
consequence of the use of internet or any other form of communication between
the client and Oooms, or between Oooms and third parties, to the extent they
are related to the relationship between the client and Oooms.
Article 11. Order processing
11.1 If the client provides an
address in writing to Oooms, Oooms is entitled to send all orders to this
address unless the client notifies Oooms in writing of a different address to
which the orders must be sent.
11.2 If Oooms should allow a short-term or long-term deviation from these
Conditions, whether explicit or implied, this will not
prejudice their right to demand immediate and strict compliance with these
Conditions. The client can never claim any rights on the basis of the fact that
Oooms has in exceptional cases been flexible in the application of these
Conditions.
11.3 Oooms is entitled to use third parties to execute orders.
Article 12. Privacy policy
12.1 Oooms respects the privacy of the
client and recognises the importance of protecting (against misuse) the
personal information collected by Oooms.
12.2 The client does not have to provide any personal information to be able to
visit our websites.
12.3 Personal information is collected at different locations within the Oooms
websites. This is carried out using electronic forms that must be completed by
the client when they order a product, subscribe to a newsletter, requests
information, participate in a questionnaire or competition, or use another
service offered via the websites.
12.4 The personal information provided by the client via these types of form
will be stored in Oooms files. These details and files will be used to be able
to supply the requested products, services or information to the client. This
information will not be provided to third parties unless it is directly related
and unavoidable for the delivery of the requested products, services or
information, such as to a conveyor.
12.5 The client is entitled to view and correct their personal information. To
do this, the client must send a signed and dated request to Oooms, accompanied
by a copy of their identification papers.
12.6 This privacy policy applies solely to the Oooms websites and not to any
third-party websites to which the Oooms websites are linked via hyperlinks or
other references.
12.7 By using our websites, the client agrees to the conditions specified in
this privacy policy.
Article 13. Applicable law and competent judge
13.1 These Conditions and all rights,
obligations, offers, orders and agreements to which these Conditions are
applicable, are governed exclusively by Dutch law.
13.2 All disputes between the parties will be referred exclusively to the
competent judge in the
13.3 If one or more of the provisions in these Conditions or any other
agreement with Oooms, should be in conflict with any applicable statutory
regulations, the applicable provision will become ineffective and Oooms will
replace it by a new comparable provision that is acceptable in law.
13.4 The UN Convention on the International Sale of Goods is not applicable.
Article 14. Translation and version
14.1 If these Conditions have been
made available in a language other than the Dutch language and a dispute
occurs, the Conditions specified in the Dutch language will always prevail.
14.2 The latest version is applicable, as was applicable at the time the
agreement came into effect.