Terms and conditions

 

 

TERMS AND CONDITIONS

Article 1 – Definitions
 In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

  • Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the trader.

  • Day: calendar day.

  • Continuing performance contract: a distance contract concerning a series of products and/or services, where the obligation of delivery and/or purchase is spread over time.

  • Durable data carrier: any tool that enables the consumer or trader to store information personally addressed to them in a way that allows future access and unaltered reproduction of the stored information.

  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

  • Trader: the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: a contract concluded within the framework of a system organized by the trader for distance selling of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

  • Means of distance communication: a method that can be used to conclude a contract without the consumer and trader being simultaneously present in the same space.

  • Terms and Conditions: these general terms and conditions of the trader.

 

 

Article 2 – Identity of the trader
Business name: Oliva Oxford
 Business address: [YOUR BUSINESS ADDRESS]
Email: support@oliva-oxford.nl
Chamber of Commerce (KvK) registration number: 
 VAT identification number: [YOUR VAT NUMBER]

 

 

Article 3 – Applicability
 These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before concluding a distance contract, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, the consumer will be informed of how the terms and conditions can be reviewed at the trader’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available electronically in such a way that the consumer can easily store them on a durable data carrier.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

If any provision of these terms is wholly or partially null and void or annulled, the remainder of the contract and these conditions remain in force, and the void provision shall be replaced by a provision that closely approximates the original in intent.

Situations not covered by these terms and conditions and ambiguities about their interpretation will be assessed and interpreted in the spirit of these terms.

 

 

Article 4 – The Offer
 If an offer has a limited duration or is subject to conditions, this will be explicitly stated.

The offer is non-binding. Olivia Oxford reserves the right to change or update the offer.

The offer includes a complete and accurate description of the offered products and/or services, sufficiently detailed to allow the consumer to assess the offer properly. Images are truthful representations. Obvious mistakes or errors do not bind the trader.

All images, specifications, and information are indicative and do not entitle the consumer to compensation or termination. Olvia Oxford does not guarantee that displayed colors exactly match the actual product colors.

The offer will clearly state the following:

  • The price (excluding customs clearance and import VAT – such costs and fees collected by postal or courier services are borne by the recipient);

  • Any applicable shipping costs;

  • The method of concluding the contract and required steps;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and execution;

  • The validity period of the offer or price;

  • The rate for distance communication if it differs from the basic rate;

  • Whether the contract will be archived and, if so, how the consumer can access it;

  • The way in which the consumer can check and, if needed, correct their data before concluding the contract;

  • The languages in which the contract can be concluded besides Dutch;

  • The codes of conduct Oliva Oxford adheres to and how they can be reviewed electronically;

  • The minimum duration in case of a continuing performance contract;

  • (Optional) available sizes, colors, and materials.

 

 

Article 5 – The Contract
 The contract is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, Olvia Oxford will confirm receipt of the acceptance without delay. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, Oliva Oxford will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Olvia Oxford may  within legal limits assess whether the consumer can meet their payment obligations and all relevant facts necessary for a responsible conclusion of the contract. If justified, Oliva Oxford may refuse an order or attach special conditions.

Oliva Oxford shall include the following information with the product or service (either on paper or electronically):

  • The address where the consumer can submit complaints;

  • Conditions and instructions for withdrawal or a statement if the right of withdrawal is excluded;

  • Information about guarantees and existing after-sales services;

  • The details stated in Article 4(5) unless already provided;

  • The termination conditions for contracts lasting more than one year or indefinite terms.

For continuing performance contracts, this information is only required for the first delivery.

All agreements are concluded subject to the availability of the ordered products.

 

 

Article 6 – Right of Withdrawal
 When purchasing products, consumers have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period begins the day after the consumer (or their designated representative) receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care and will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product.

In case of withdrawal, the consumer will return the product with all accessories, in original condition and packaging where reasonably possible, following clear and reasonable instructions provided by Olvia Oxford.

The consumer must notify Oliva Oxford in writing (by email) within 14 days of receipt that they are exercising the right of withdrawal and return the product within the following 14 days. Proof of return (e.g., tracking number) must be provided.

If the consumer fails to notify or return the product within the required time, the purchase becomes final.

 

 

Article 7 – Costs in Case of Withdrawal
 If the consumer exercises their right of withdrawal, return shipping costs are at the consumer’s expense.

Any payments made by the consumer will be refunded by Oliva Oxford as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or proof of return has been provided.

 

 

Article 8 – Exclusion of the Right of Withdrawal
Oliva Oxford may exclude the right of withdrawal for the following products or services, provided this was clearly stated in the offer or at the latest before the contract was concluded:

Products:

  • Made to the consumer's specifications;

  • Clearly personal in nature;

  • That cannot be returned due to their nature;

  • That deteriorate or expire quickly;

  • Whose price depends on market fluctuations beyond Oliva Oxford’s control;

  • Newspapers or magazines;

  • Sealed audio/video recordings or software once unsealed;

  • Sealed hygienic products once unsealed.

Services:

  • Relating to accommodation, transport, catering, or leisure activities on a specific date or during a specific period;

  • Commenced with the consumer’s express consent before the cooling-off period ends;

  • Relating to betting and lotteries.

 

 

Article 9 – Pricing
 Prices stated during the validity period of the offer will not be increased, except for changes in VAT rates.

Contrary to the previous paragraph, Oliva Oxford may offer variable prices for products or services subject to financial market fluctuations beyond its control. In such cases, it will be stated that the prices are target prices.

Price increases within three months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases after three months are only allowed if agreed upon in advance and the consumer may cancel the contract from the date the increase takes effect.

The place of delivery is, in accordance with Article 5(1) of the Dutch Turnover Tax Act 1968, the country where shipment originates. Delivery takes place outside the EU, and import VAT or customs duties will be collected from the recipient by the postal or courier service. Oliva Oxford does not charge VAT.

All prices are subject to typographical or printing errors. No liability is accepted for such errors. In the case of such errors, Oliva Oxford is not obliged to deliver the product at the incorrect price.

 

 

Article 10 – Conformity and Warranty
Oliva Oxford guarantees that the products and/or services conform to the contract, the specifications listed in the offer, reasonable standards of soundness and usability, and existing legal provisions at the time of the contract’s conclusion.

An additional warranty provided by Oliva Oxford, manufacturer, or importer does not limit the consumer’s statutory rights.

Defects or incorrectly delivered products must be reported in writing within 14 days

after delivery. Products must be returned in original packaging and new condition.

The warranty period matches the manufacturer's warranty. Oliva Oxford is never liable for the product’s suitability for individual use or for any advice given regarding its use.

Warranty is void if:

  • The consumer has repaired or modified the product, or had it done by third parties;

  • The product was exposed to abnormal conditions or misused;

  • Defects are due in part or whole to regulations regarding the nature or quality of used materials.

 

 

Article 11 – Delivery and Execution
Oliva Oxford will handle orders with the greatest care.

Delivery takes place at the address provided by the consumer.

Orders will be fulfilled as soon as possible, and no later than 30 days unless a longer delivery time was agreed upon. If delivery is delayed or not possible, the consumer will be informed within 30 days and may cancel the order free of charge. A refund must be made within 14 days.

If a product is unavailable, Oliva Oxford will offer a replacement item if possible. If so, this will be clearly communicated. Return costs for replacement products are borne by Oliva Oxford.

The risk of damage or loss remains with Oliva Oxford until the product is delivered to the consumer or their authorized recipient.

 

 

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination

  • The consumer may cancel an indefinite contract for regular delivery of products or services at any time with a notice period of up to one month.

  • The consumer may cancel a fixed-term contract for regular delivery of products or services at the end of the fixed term with a notice period of up to one month.

  • Cancellation may occur at any time, in the same manner the contract was entered into, and with a notice period not exceeding that applied by Oliva Oxford.

Renewal

  • A fixed-term contract may not be automatically renewed, except:

    • Daily, news, or weekly subscriptions may be tacitly renewed for up to three months with a one-month cancellation notice;

    • Contracts renewed for an indefinite period may be canceled at any time with one month's notice (or three months if delivery is less than once per month).

Trial subscriptions automatically end at the end of the agreed term.

Duration

If a contract lasts more than one year, the consumer may cancel it after one year at any time with one month’s notice, unless fairness and reasonableness dictate otherwise.

 

 

Article 13 – Payment
 Unless otherwise agreed, payments must be made within 7 business days after the start of the cooling-off period (Article 6). For services, this period starts upon confirmation of the contract.

The consumer must immediately report any inaccuracies in provided payment information.

In case of non-payment, Oliva Oxford has the right, subject to legal limits, to charge reasonable collection fees.

 

 

Article 14 – Complaints Procedure
 Complaints about the execution of the contract must be submitted to Oliva Oxford in writing within 7 days after the consumer identifies the issue.

Oliva Oxford will respond within 14 days. If more time is needed, the consumer will receive a confirmation and expected resolution timeframe within 14 days.

If a complaint cannot be resolved amicably, a dispute arises subject to the dispute resolution procedure.

Filing a complaint does not suspend the consumer’s obligations unless Oliva Oxford states otherwise in writing.

If the complaint is found valid, Oliva Oxford will, at its discretion, replace or repair the product free of charge.

 

 

Article 15 – Disputes
 All contracts between Oliva Oxford and the consumer governed by these terms are subject exclusively to Dutch law, even if the consumer resides outside the Netherlands.

 

 

Article 16 – CESOP
 In connection with the implementation of measures from 2024 under the Dutch Turnover Tax Act 1968 and the introduction of the Central Electronic System of Payment information (CESOP), payment service providers may record payment information in the European CESOP system.