2. Definitions
For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:
“Business Day” means a calendar day, other than a Saturday, a Sunday or a Dutch public holiday, on which the banks in the Netherlands are open for normal business;
“Consumer” means any natural person not acting in the course of a profession or business (consument) that enters into an Agreement with OWOW via the OWOW Webshop;
“Agreement” means any agreement with respect to orders placed for Products available on the OWOW Webshop concluded between OWOW and the Consumer via the OWOW Website (overeenkomst op afstand);
“DCC” means Dutch Civil Code (Burgerlijk Wetboek);
“Durable medium” means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;
“OWOW” means OWOW Products B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose registered office is at Singel 465, 1012 WP Amsterdam, the Netherlands and/or its group companies;
“OWOW Webshop” means the online webshop of OWOW on the OWOW Website;“OWOW Website” means the website of OWOW on owow.io;
“General Terms and Conditions” means these General Terms and Conditions of OWOW;
“Intellectual Property Rights” means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the OWOW Website;
“Parties” means OWOW and the Consumer collectively;
“Product” means all goods OWOW produces and/or sells under – inter alia – the (trade)name ‘OWOW’.
3. Applicability
3.1. These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the OWOW Webshop to which OWOW is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by OWOW and all acceptances, acknowledgements and confirmations by OWOW of any orders made by the Consumer.
3.2. By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
3.3. In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favourable to the Consumer.
3.4. These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the OWOW Webshop.
7.1. The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a refund or exchange the ordered Product. The withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.
7.2. To exercise the right of withdrawal, the Consumer must inform OWOW of his decision to withdraw from the Agreement by sending an email with an unequivocal written statement to info@owow.io within the withdrawal period. To meet the withdrawal deadline, it is sufficient to send the unequivocal statement to OWOW before the withdrawal period has expired.
7.3. During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
- If the Consumer exercises its right of withdrawal, the Consumer will return the Product to OWOW at its own risk and expense, by following the instructions given in the responding mail to their initial withdrawal statement, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to OWOW. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired. If the Consumer is located outside the European Union, the Consumer shall declare the returned Product as “Returns and Repairs of Dutch Merchandise” on the customs declaration.
7.4. The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
- If the Consumer timely exercises its right of withdrawal, OWOW will reimburse the relevant payments received from the Consumer, including the costs of delivery and excluding the return costs, without undue delay and in any event not later than 14 calendar days from the day on which OWOW is informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted from the Consumer’s refund. OWOW may withhold the reimbursement until OWOW has received the Product back. OWOW will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.
- Notwithstanding paragraph 7 above, OWOW will not reimburse the delivery costs if the Consumer opted for a type of delivery other than the least expensive type of standard delivery.
- OWOW is entitled to refuse to accept a returned Product and the reimbursement of payments if the Consumer does not comply with the instructions of this clause 7.
8. Payment by the Consumer
8.1. Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to OWOW will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
8.2. OWOW does not accept any other method of payment than the payment methods indicated on the OWOW Website. OWOW may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.
8.3. The Consumer has the duty to inform OWOW of any inaccuracies in payment data provided or stated.
9. Shipping and delivery
9.1. The ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped to the Consumer within 1-3 Business Days after the last order.
9.2. The shipping and delivery terms indicated in these General Terms and Conditions, on the OWOW Website or otherwise communicated by OWOW Store are indicative and not guaranteed. OWOW shall not be liable for any damages and costs arising out or in connection with delayed delivery.
9.3. OWOW ships to shipping addresses in the countries indicated on the OWOW Website. OWOW will deliver the Product at the shipping address specified in the order of the Consumer.
9.4. If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported. The Consumer is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the European Union may be subject to import taxes, customs duties and fees levied by the destination country. Additional charges for customs clearance must be fulfilled by the Consumer; OWOW has no control over these charges, nor can OWOW predict what they may be.
9.5. OWOW is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by OWOW provide a tracking number.
9.6. OWOW retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of OWOW vis-à-vis the Consumer are paid in full (within the meaning of article 3:92 and 7:9 DCC). The Consumer shall in no event have a right of retention with regard to the Product. OWOW is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if OWOW infers from the Consumer’s behavior or communication that the Consumer will fail to fulfil any of its obligations under the Agreement.
9.7. All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to OWOW.
10. Complaints
10.1. OWOW wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods (as stipulated in article 7:17 DCC). The Consumer is obliged to closely examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
10.2. The Consumer shall inform OWOW of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: info@owow.io. The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than two (2) months after the discovery of the defects.
10.3. Complaints submitted to OWOW will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give OWOW all such assistance as OWOW may require for the purpose of examining the complaint. OWOW is only obliged to take complaints into consideration if OWOW is given the opportunity to verify the complaint.
10.4. In the event of a timely, correct and justified complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.
10.5. The Consumer shall return the defective or non-conforming Product in its entirety to OWOW. The defective or non-conforming Product shall become OWOW’s property as soon as it has been replaced or credited.
10.6. A complaint that does not meet the requirements set out in this clause 10, shall not be taken into consideration by OWOW, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
11. Liability
11.1. OWOW shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by OWOW or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or willful recklessness of OWOW.
11.2. Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of OWOW to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or willful recklessness by OWOW or its managerial staff).
12. Force majeure
12.1. OWOW shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product’s manufacturing process or if such failure or delay is caused by force majeure as referred to in article 6:75 DCC, whether or not such force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or default by one of OWOW’s suppliers, OWOW cannot reasonably be required to execute its obligations.
12.2. In the event that, as a consequence of force majeure and/or default by one of OWOW’s suppliers, OWOW is prevented from fulfilling its obligations to the Consumer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of OWOW’s suppliers, the Consumer shall not be entitled to any compensation whatsoever.
12.3. In the event that the force majeure and/or default by one of OWOW’s suppliers extends or reasonably expected by OWOW to extend for a period of three (3) consecutive months, OWOW shall be entitled to cancel the affected Agreement without any liability towards the Consumer.
13. Intellectual property rights
13.1. All Intellectual Property Rights shall remain the exclusive property of OWOW or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
13.2. The Consumer shall not copy any Products or (any part of) the OWOW Website, nor (otherwise) use any Intellectual Property Rights, without OWOW’s prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
13.3. Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
14. Privacy
OWOW will process personal details of the Consumer in accordance with the privacy statement published on the OWOW Website.
15. Availability of the OWOW webshop
OWOW does not guarantee that the OWOW Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the OWOW Website is permitted on a temporary basis. OWOW reserves the right to suspend, withdraw, discontinue or alter all or any part of the OWOW Website at any time as it sees fit without notice. OWOW shall not be liable for any reason due to which the OWOW Website is unavailable at any time or for any period.
16. Miscellaneous
16.1. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
16.2. OWOW reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, OWOW will give a notice of this by stating on the OWOW Website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.
- OWOW may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer’s rights and obligations.
- The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from OWOW.
17. Governing law and jurisdiction
17.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding (i) any conflict of law rules under Dutch private international law and (ii) the applicability of the United Nations Convention on Contracts for the International Sale of Good (Vienna Convention of 1980).
17.2. The competent court in the Netherlands, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal (hoger beroep) and that of appeal to the Supreme Court (cassatie).
