Terms and Conditions
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
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Cancellation Period: The period within which the consumer can make use of their right of withdrawal.
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Customer: The natural person who does not act in the course of business or profession and enters into a distance agreement with the entrepreneur.
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Label: Calendar day.
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Permanent Goods: A distance agreement relating to a series of products and/or services, where the delivery and/or collection obligation spans over a longer period.
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Persistent Medium: Any means that the consumer or entrepreneur can use to store information directed at them in a way that future retrieval and unchanged reproduction of the stored information is possible.
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Right of Withdrawal: The possibility for the consumer to dissolve the distance agreement within the withdrawal period without providing a reason.
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Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
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Distance Sale Agreement: An agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where the communication is solely carried out remotely up until the agreement is concluded.
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Distance Communication Technology: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
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General Terms and Conditions: These general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Ollie Fashion
- Address: Matho Tongastraat 33, 1336 GN Almere
- Email: info@ollie-fashion.com
- Phone: +31 6 23430802
Article 3 – Applicability
These general terms and conditions apply to any offer made by the entrepreneur, as well as to every distance agreement and all orders concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's place of business, and will be sent to the consumer at their request, free of charge.
If, due to electronic means, the distance agreement is concluded, the text of these general terms and conditions can be provided electronically in such a way that it can be stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at their request.
In case specific product or service conditions apply alongside these general terms and conditions, the second and third paragraphs will apply accordingly. The consumer may always refer to the most favorable provision if the general conditions conflict.
If, at any time, one or more provisions of these general terms and conditions are wholly or partially invalid or declared invalid, the Agreement and these General Terms and Conditions will remain in force in all other respects, and the invalid provision will be replaced immediately by a provision that comes as close as possible to the original in scope.
Situations not covered by these General Terms and Conditions should be evaluated 'in the spirit' of these General Terms and Conditions.
Any ambiguities about the interpretation or content of one or more provisions of these General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur has the right to modify and adapt the offer.
The offer contains a full and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a faithful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot serve as a basis for any compensation or dissolution of the agreement.
Images of products are a faithful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
Every offer contains information that makes it clear to the consumer which rights and obligations are associated with accepting the offer. This includes:
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The price, excluding customs duties and import taxes. These additional costs are at the expense and risk of the customer. The post and/or courier service will apply special arrangements for postal and courier services related to imports, as outlined in the EU destination country. The post and/or courier service collects the VAT (possibly together with customs duties) from the recipient of the goods.
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Any shipping costs;
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The way in which the agreement will be concluded and what actions are needed for this;
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Whether the right of withdrawal applies or not;
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The method of payment, delivery, and execution of the agreement;
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The acceptance period of the offer or the period during which the entrepreneur guarantees the price;
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The cost of long-distance communication if calculated on a basis other than the standard rate for the used communication medium;
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Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
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The way the consumer can check and, if necessary, correct the data provided before entering into the agreement;
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Any other languages in which the agreement can be concluded other than Dutch;
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The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically;
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And the minimum duration of the distance agreement in case of long-term transactions.
Optional: Available sizes, colors, materials.
Article 5 – The Agreement
The agreement is formed, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically immediately. Until this acceptance is confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the secure electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal limits – verify whether the consumer can fulfill their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance agreement. If the entrepreneur has good reasons to refuse to enter into the agreement based on this investigation, they have the right to reasonably reject an order or request or to attach special conditions to the execution.
With the product or service, the entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in a durable medium:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints;
- The terms and conditions and method for using the right of withdrawal, or a clear notification that the right of withdrawal is excluded;
- Information about warranties and available customer service;
- The data listed in article 4, paragraph 3 of these general terms and conditions, unless this data has already been provided to the consumer before the agreement was concluded;
- The conditions for termination of the agreement if it has a duration of more than one year or indefinite duration.
In the case of a long-term transaction, the provisions in the previous paragraph only apply to the first delivery.
Each agreement is concluded subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without providing a reason within 30 days. This withdrawal period begins on the day after receipt of the product by the consumer or by a representative designated by the consumer and communicated to the entrepreneur.
During the withdrawal period, the consumer will handle the product and packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he must return the product with all delivered accessories and – where reasonably possible – in its original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must do so within 30 days of receiving the product. The consumer must notify this in writing or by email. After the consumer indicates they wish to use their right of withdrawal, they must return the product within 5 days. The consumer must prove that the goods have been returned in a timely manner, for example through proof of shipment. Please note that returns must be sent at the consumer's own cost to our supplier in China.
If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to use their right of withdrawal, or if the product has not been returned to the entrepreneur, the purchase becomes final.
Article 7 – Costs of Cancellation
If the consumer exercises their right of withdrawal, the costs for returning the products are at the consumer's expense.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after receipt of the goods.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer before the agreement is concluded.
The right of withdrawal may only be excluded for products:
- Made by the entrepreneur according to the consumer's specifications;
- That are clearly personalized;
- That cannot be returned due to their nature;
- That can quickly spoil or age;
- Whose price is linked to fluctuations in the financial market outside the entrepreneur's control;
- For individual newspapers and magazines;
- For audio and video recordings and computer software whose seal has been broken;
- For hygiene products whose seal has been broken.
The right of withdrawal may only be excluded for services:
- Relating to accommodations, transportation, hospitality, or leisure activities to be performed on a specific date or during a specific period;
- Whose delivery, with the consumer's express consent, has begun before the withdrawal period has expired;
- Related to betting and lotteries.
Article 9 – Price
The prices of the offered products and/or services will not be increased during the validity period of the offer, unless price changes result from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control at variable prices. These fluctuations and the fact that the indicated prices are guidelines will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
- They result from legal regulations or provisions; or
- The consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
The place of delivery, according to article 5, paragraph 1 of the VAT Act of 1968, is in the country where the transport begins. In this case, the delivery takes place outside the EU. The post or courier service will collect the VAT or customs duties from the customer. Therefore, no VAT is charged to the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.
The warranty offered by the entrepreneur applies for the duration of two years after the date of receipt of the product, unless otherwise indicated.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery will be the address that the consumer has provided to the company.
With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed.
If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the order has been placed. The consumer will also be informed of the reason and given the option to dissolve the agreement without costs.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer as soon as possible, but no later than within 14 days after dissolution.
If the delivery of an ordered product proves to be impossible, the entrepreneur will do their best to make a replacement product available. At the latest at the time of delivery, it will be clearly stated in a comprehensible manner that a replacement product will be delivered. In case of replacement, the right of withdrawal cannot be excluded.
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
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the reflection period, or in the absence of a reflection period, within 7 days after the conclusion of the distance agreement.
The consumer has the duty to report any inaccuracies in payment data provided or stated to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer beforehand.
Article 13 – Complaints
The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice 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 will arise that is subject to the dispute settlement procedure.
Article 14 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. The Vienna Sales Convention does not apply.
Article 15 – Additional or Deviating Provisions
Additional or deviating provisions 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 medium.