Terms of service
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and / or services at a distance to consumers;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Agreement at a distance: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur simultaneously in the same room have come together;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
House of Oolong VOF
Faas Wilkesstraat 133E
1095 MD Amsterdam, The Netherlands
+31 6 40 98 62 38
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. 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 entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period for maintaining the price;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer can become aware of any unwanted acts before the conclusion of the agreement, as well as the manner in which he can rectify them before the agreement is concluded;
- the agreement can be concluded in Dutch
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an agreement for continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
Article 6 - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen working days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, a maximum of the costs of returning the goods shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with specifications of the consumer;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) that can spoil or age quickly;
Article 9 - The pricing
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any prices are target prices, are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a) these are the result of statutory regulations or provisions; or
b) the consumer has the power to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a shortcoming in the performance of the obligations of the entrepreneur against the entrepreneur can assert under the law and / or the remote agreement.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Payment
1. Insofar not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 13 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur within the period of 14 days answered with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - Additional or different conditions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.