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Allgemeine Geschäftsbedingungen - Amazing Oriental

Kontaktdaten und Allgemeine Geschäftsbedingungen - Amazing Oriental:

Oriental Group Duiven BV
K.v.K. 09078916
Geograag 13
6921 EW Duiven
T: +31 (0) 26-3115161
E: webshop@orientalgroup.nl

Article 1 – The Entrepreneur’s identity

Name of Entrepreneur in the Articles of Association: Oriental Group Duiven BV;

Trade name: Oriental Webshop;

Business address: Geograaf 13, 6921 EW Duiven, the Netherlands;

Phone number: +31 (0)26-2051248 / +31 (0)26-2051249;

Email address: webshop@orientalgroup.nl;

Chamber of Commerce number: 09078916;

VAT identification number: NL8079.36.042B01;

IBAN: NL 03 INGB 0006 7406 90;

BIC: INGBNL2A.

 

Article 2 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Entrepreneur: Oriental Webshop, located at Geograaf 13, 6921 EW Duiven, the Netherlands;

2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities, and who enters into a distance contract with the Oriental Webshop;

3. Company: the trade-registered company that acts for purposes related to his/her commercial, trade, craft or professional activities, and that enters into a distance contract with the Oriental Webshop;

4. Client: Consumer or Company;

5. Technology for distance communication: a means to be used for concluding an agreement without the Client and the Entrepreneur being together in the same place at the same time, including (but not limited to) phone and internet;

6. Distance contract: a contract concluded by the Entrepreneur and the Client within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

7. Right of withdrawal: the Client’s option not to proceed with the distance agreement within the reflection period;

8. Reflection period: the period during which the Client may use his right of withdrawal, with a maximum duration of 14 days;

9. Day: calendar day;

10. Work day: Mondays to Fridays;

11. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

12. Sustainable data carrier: any means, including email, that allow the Client or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Oriental Webshop and to any distance contract concluded by the Oriental Webshop and the Client.

2.     Before concluding a distance contract, the Oriental Webshop shall make the text of these General Terms and Conditions available free of charge and as soon as    possible. If this is reasonably impossible, the Oriental Webshop shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.  

3.     In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Client may always appeal to the applicable provision that is most favourable to him/her.

4.     Contracts between the Oriental Webshop and the Client to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

 

Article 4 – The contract

1.     Subject to the provisions in paragraph 6, the contract becomes valid when the Client has accepted the offer and fulfilled the terms and conditions set.

2.     If the Client accepted the offer via electronic means, the Oriental Webshop shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Client may repudiate the contract.

3.     If the contract is concluded electronically, the Oriental Webshop will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Client can pay electronically, the Oriental Webshop shall observe appropriate security measures.

4.     Before delivering the product, the Oriental Webshop shall send the following information along with the product, the service or the digital content in writing or in such manner that the Client can store it in an accessible manner on a long-term data carrier:     
a. the visiting address of the Oriental Webshop’s business establishment where the Client may get into contact with any complaints;

b. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time;

c. the information that makes it clear to the Client what rights and obligations are attached to accepting the offer;

d. the information corresponding to existing after-sales services and guarantees;

e. the conditions on which and the manner in which the Client may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal.

5.     In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

6.     The Oriental Webshop may, within the limits of the law, gather information about Client’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract.

7.     If the Oriental Webshop has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

 

Article 5 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Client to assess the products, or services and/or digital content adequately. If the Oriental Webshop makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Oriental Webshop.

3.     All offers contain such information that it is clear to the Client what rights and obligations are attached to accepting the offer.

 

Article 6 - The price

1.     All prices indicated in the provision of products or services are including VAT.

2.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

3.     Contrary to the previous paragraph, the Oriental Webshop may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Oriental Webshop’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

4.     Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

5.     Price increases from 3 months after concluding the contract are permitted only if the Oriental Webshop has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Client has the authority to cancel the contract before the day on which the price increase starts.

 

Article 7 – Payment

1.     The order will be shipped once the Oriental Webshop received confirmation of payment by the Client.

2.     In case the Client has not complied with his payment obligation(s) in time, and the Oriental Webshop has pointed out to him that the payment was late and allowed the Client a period of 14 days to comply with the payment obligations, the Client is to pay the statutory interest on the amount payable and the Oriental Webshop is entitled to charge the Client with any extrajudicial collection costs.

3.     The Client has the duty to inform the Oriental Webshop promptly of possible inaccuracies in the payment details that were given or specified.

 

Article 8 – Right of withdrawal

1. The Client can repudiate a purchase contract for a product without giving reasons within 14 days after receiving the order. The Oriental Webshop may ask the Client about the reason for the withdrawal but cannot force him to state his reason(s).

2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Client or by a third party appointed by him in advance and who is not the carrier.

  

Article 9 – Client’s obligations during the time of reflection

1. During this period, the Client shall handle the product and the packaging with care. The Client shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Client may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

2. The Client is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

 

Article 10 – Exercising the Client’s right of withdrawal and the costs

1. The Client shall return the product or deliver it to (the authorized representative of) the Oriental Webshop as soon as possible but within 14 days counting from the date of receipt. This need not be done if the Oriental Webshop offered to collect the product himself. The Client observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

2. The Client shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Oriental Webshop.

3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Client.

4. The Client shall bear the direct costs of returning the product.

5. If the Client exercises his right of withdrawal, all additional agreements end by operation of law.

 

Article 11 – Oriental Webshop’s obligations in case of withdrawal

1. The Oriental Webshop shall reimburse all payments made by the Client, including any delivery costs that the Client may charge for the returned product. Unless the Oriental Webshop offers to collect the product himself, he can wait with paying back until having received the product or until the Client proved that he returned the product, whichever occurs first.

2. The Oriental Webshop shall make use of the same means of payment that the Client used, unless the Client consents to another method. The reimbursement is free of charge for the Client.

3. If the Client opted for a more expensive method of delivery instead of the cheapest standard delivery, the Oriental Webshop need not reimburse the additional costs for the more expensive method.  

   

Article 12 - Exclusion of the right of withdrawal

The Oriental Webshop excludes the following products and services from the right of withdrawal:

1. Perishable products or products with a limited durability;

2. Products which for their nature are irreversibly mixed with other products;

3. Newspapers, periodicals or magazines, with the exception of subscriptions to   them;

4. Products manufactured in accordance with the Client’s specifications which are not prefabricated and which are produced on the basis of a Client’s individual choice or decision or which are intended for a specific person;

5. Products or services with a price that is subject to fluctuations in the financial market on which the Oriental Webshop has no influence and which may occur within the period of withdrawal;

6. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.

 

Article 13 – Continuing performance agreements

1.     The Client may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.

2.     If the duration of a contract is more than one year, the Client may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 14 – Delivery and execution

1.     The Oriental Webshop shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2.     The Oriental Webshop acknowledges electronic communications and will not deny the validity or legal effect of this means of communications.

3.     The risk of loss and/or damage to products will be borne by the Oriental Webshop until the time of delivery to the Client or a representative appointed in advance and made known to the Client, unless explicitly agreed otherwise. 

4.     The place of delivery is at the address given by the Client to the Oriental Webshop. Orders are shipped via Duiven and shipping is outsourced to a professional carrier. The manner and time of delivery is subject to the opted execution by the carrier. The Client can file a complaint at the responsible carrier for delivery-related issues.

5.     With due observance of the stipulations in Article 5 of these General Terms and Conditions, the Oriental Webshop shall execute accepted orders with convenient speed but at least within five days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Client shall be informed about this within five workdays after ordering. In such cases, the Client is entitled to repudiate the contract free of charge.

6.     After repudiation in conformity with the preceding paragraph, the Oriental Webshop shall return the payment made by the Client promptly but at least within 30 days after repudiation.

 

Article 15 – Guarantee

1.     An extra guarantee offered by the Oriental Webshop, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Client may exercise against the Oriental Webshop about a failure in the fulfilment of the Oriental Webshop’s obligations if the Oriental Webshop has failed in the fulfilment of his part of the agreement.

 

Article 16 – Compliance

1.     The Oriental Webshop guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Oriental Webshop also guarantees that the product is suitable for other than normal use.

 

Article 17 – Complaints procedure

1.     Complaints about the performance of the contract shall be submitted fully and clearly described to the Oriental Webshop within 14 days after the date of receipt.

2.     The complaints submitted to the Oriental Webshop shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Oriental Webshop shall respond within 14 days with a notice of receipt and an indication when the Client can expect a more detailed reply.

 

Article 18 – Special offers

1.     Special offers are subject to online supplies. Although executed with utmost accuracy, the display of products, prices etc. are subject to incorrect/outdated information. Consequently, no rights can be derived from incorrect information.

2.     The Oriental Webshop have special offers that are not valid in our physical stores. And not all special offers of our physical stores are valid in the Oriental Webshop.