Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal; see more about cooling-off period.
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
Model form: the model withdrawal form made available by the entrepreneur which the consumer can fill in when exercising the right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance contract: a contract concluded in the context of a system organized by the entrepreneur for selling products and/or services remotely, whereby only one or more techniques for remote communication are used up to and including the moment of concluding the contract.
Technique for remote communication: means that can be used for concluding a contract without consumer and entrepreneur being physically present in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
ogxmods.com
Ridderhof 23
3931 XZ Woudenberg
The Netherlands
T: (068) 702-0086
E: info@ogxmods.com
Chamber of Commerce (KvK): 81273924
VAT number: NL003550210B80
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and every distance contract and order between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, in derogation of the previous paragraph, the text of these terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the consumer can inspect the terms and conditions electronically and that they will be sent free of charge upon request.
If, in addition to these terms and conditions, specific product or service conditions apply, the second and third paragraph apply accordingly. In case of conflicting general terms and conditions, the consumer can always invoke the provision that is most favorable to them.
If one or more provisions in these terms and conditions are entirely or partially void or annulled, the contract and these terms remain in effect otherwise and the invalid provision will be replaced as soon as possible by a provision that approximates the original intent as closely as possible.
Situations not covered in these terms and conditions will be assessed “according to the spirit” of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions will also be interpreted “according to the spirit” of these terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment by the consumer. If images are used, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and do not give rise to any claim for damages or dissolution of the contract.
Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are linked to the acceptance of the offer, in particular:
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the price including taxes;
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any shipping costs;
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the manner in which the contract will be concluded and the required actions;
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whether the right of withdrawal applies;
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the method of payment, delivery and execution;
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the time limit for acceptance of the offer or the period during which the entrepreneur guarantees the price;
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the cost of remote communication if these costs differ from the regular basic tariff;
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whether the contract will be archived and how the consumer can consult it;
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how the consumer can check and correct the data provided before concluding the contract;
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other languages in which the contract can be concluded besides Dutch;
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the codes of conduct the entrepreneur adheres to and how the consumer can consult these online;
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the minimum duration of the contract in case of a duration transaction.
Article 5 – The agreement
The agreement, subject to the provisions in paragraph 4, is concluded at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as the agreement is not 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 secure the electronic transfer of data and ensure a secure web environment. If electronic payment is possible, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, check whether the consumer can meet payment obligations and other relevant facts for responsibly entering the distance contract. If there are good reasons not to enter into the contract, the entrepreneur may refuse the order or impose special conditions.
With the product or service delivered, the entrepreneur will provide the consumer with:
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the entrepreneur’s business address for complaints;
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the conditions and manner of exercising the right of withdrawal or a clear statement of its exclusion;
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information about guarantees and service after purchase;
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the data mentioned in article 4 paragraph 3, unless already provided before execution;
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conditions for termination if the contract duration exceeds one year or is indefinite.
For duration transactions, the above applies only to the first delivery.
Every contract is concluded under the condition of sufficient availability of the product.
Article 6 – Right of withdrawal
For delivery of products:
The consumer can cancel the agreement without reason during 14 days after receipt of the product or a representative designated by the consumer.
During the cooling-off period, the consumer must handle the product and packaging carefully and only open or use it to the extent necessary to determine whether they want to keep the product. If exercising the right of withdrawal, the product must be returned with all accessories and, if reasonably possible, in the original condition and packaging, following the entrepreneur’s clear instructions.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receipt via the model form or other communication, e.g., email. After notification, the product must be returned within 14 days, with proof of timely return.
If the consumer does not notify or return the product within these deadlines, the purchase is final.
For delivery of services:
The consumer can cancel the agreement without reason for at least 14 days starting on the day of conclusion.
To exercise the right of withdrawal, the consumer must follow reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the product are borne by the consumer, up to a maximum.
If the consumer paid an amount, the entrepreneur will reimburse this as soon as possible, but no later than 14 days after withdrawal, provided the product is returned or proof of return is given. The reimbursement will be by the same payment method unless otherwise agreed.
If the product is damaged due to careless handling by the consumer, the consumer is liable for depreciation.
The consumer is not liable for depreciation if the entrepreneur failed to provide legally required information on the right of withdrawal before the contract.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the right of withdrawal for certain products and services, only if clearly stated in the offer or before concluding the contract.
Exclusions apply for products:
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made to consumer specifications;
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clearly personal in nature;
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that cannot be returned by nature;
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perishable or likely to expire quickly;
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with prices linked to financial market fluctuations;
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newspapers and magazines;
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audio, video and software if the seal is broken;
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hygiene products if the seal is broken.
For services, exclusions apply for:
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accommodation, transport, catering or leisure on specific dates;
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if delivery began with consumer consent before cooling-off expired;
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betting and lotteries.
Article 9 – The price
Prices in the offer are