Dear Visitor,

 

Thank you for choosing us. Please read our Terms and Conditions carefully.

Your purchase on this website is processed by Aiz eCommerce, incorporated and registered in Amsterdam The Netherlands, KvK # 78409195, BTW # NL2573.05.518.B.01.

 

1. Consumer Terms and Application

1.1 These terms and conditions govern the sale of Products and Services by us directly to you through our online webshop or through telephone orders (where applicable) only, and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being an individual or individuals purchasing Product(s) from us for any purposes. Please note that we will not accept liability for any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using Product(s) purchased under these Consumer Terms.

1.2 If you are purchasing or have purchased our Product(s) from a third party retailer or reseller, these Consumer Terms will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.

1.3 If the address to which the Products are to be delivered is outside the approved country list mentioned on our online store at the time of sale we will not be able to fulfil your purchase and ship the goods to you.

1.4 Other key definitions in these Consumer Terms are:

“Basic Warranty” means the basic or standard warranty or service plan provided in respect of any Product as set out in clause 5 below;
“Contract” means the contract for the sale of Products by us directly to you in accordance with these Consumer Terms;
“Product” means a Product purchased by you from us through this online store;
“Description” means the descriptions of the Product(s) found on our Online Store;
“Intellectual Property” means any database rights, registered and unregistered designs, copyright, know-how, images, trade and business names, domain names, moral rights and any other similar protected rights in any country;
“Product(s)” means the product(s) listed on our Online Store which we agree to sell to you in accordance with these Consumer Terms;
“Third Party Product” means any Product which is not “Ozz” branded and is available for purchase by you on our online store in accordance with these Consumer Terms;

The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

 

2. Order and Acceptance

2.1 You may place an order for Product(s) directly with us either online or by phone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and us is formed only when we accept your payment for the order, whichever way it was made.

2.2 Any Products forming part of your order which are not detailed in our Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact us promptly upon receipt, and ideally immediately, so that we have an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery.

2.3 We may make minor changes to the specification of the Product you order if for example there is a scarcity of a particular component or for any other reasonable grounds notified to you. Any such minor change will be to at least an equivalent or better specification. Any such change will be set out in your Order Confirmation. If you notify us of your acceptance of any such minor change to your order, or subsequently accept delivery of items listed in the Order Confirmation that are subject to a minor change, and use them (or unseal them), this conduct will constitute acceptance by you of any such minor change offer.

2.4 If we are unable to fulfill your order, we will notify you, and any payment received by us will be promptly returned.

 

3. Price and Payment

3.1 We requires payment in full prior to delivery, and will suspend delivery until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are inclusive of VAT at the prevailing rate but may not include delivery charges, unless otherwise stated on your order. Your method of payment will be as set out in the payment information and options available on our Online Store.

3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on our Online Store or other advertising, you should contact us immediately.

 

4. Delivery, Ownership and Risk

4.1 The place of delivery and estimated delivery date of Product(s) will be stated on the Order Confirmation. If the estimated delivery date cannot be met, then we will notify you with a revised estimated delivery date. If delivery is not made within 30 days of the original date of your order and you have not subsequently accepted delivery or agreed to a delivery date outside the 30 days, you may cancel your order without charge and obtain a full refund.

4.2 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing or incorrect or damaged, you should promptly notify us by email. This will give us the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.

4.3 Once we deliver Product(s) to you (or your representative) you will take on risk of damage to or loss of the Product(s).

4.4 Ownership of Product(s) will pass to you once we receive payment in full, or when we deliver the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product does not mean that you own any Intellectual or other such Property in the Products you purchase from us. Ownership of all such Properties remain with us and any applicable licensors/partners/brands we represent. If the Contract is terminated before that passing of ownership occurs, we may recover any Product(s) supplied to you and you agree to assist us in such circumstances.

 

5. Repair or Replacement Product Basic Warranty

5.1 You have statutory rights in relation to the Products sold to you. For example, Products sold to you shall be of satisfactory quality and conform to their Product Description. Those rights are not affected by this Product warranty.

5.2 We warrant that our Product shall: (i) conform to its Product Description, and (ii) be free from material defects upon delivery.

5.3 We cannot provide warranty and shall not be held accountable for any damage which was not reported immediately after receiving the Product. On rare occasions, and at our own discretion only, we may agree to replace a defective/broken product, as long as it can be proven that the product has only been subjected to reasonable use, and it is clearly demonstrable by the customer that the fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in any environmental conditions harmful to the Product, and the Product which develops the fault has not been previously modified or repaired by any third party.
5.3.1 In such rare events, you will own the replacement Product and/or parts. We shall own any Product and/or parts that are replaced, and, if requested to do so, you must return them to us. The costs of returning such parts or replaced Product(s) will be borne by us.

 

6. Cancellations, Cooling Off and Returns

6.1 Subject to this clause, you have the right to cancel your Contract as follows:-

 

  • You have the right to cancel and return the Product (Cooling Off Rights). That right is for 14 calendar days beginning on the day after the day you receive your Order Confirmation.

6.2 Your right to cancel under this clause is in addition to your right to cancel in the event of non or delayed delivery.

6.3 To exercise your right to cancel, you must notify us in an email of your wish to cancel, and arrange for collection of the Product(s) or otherwise ship the Product(s) back to us. You must return all cancelled Product(s) to us in original condition (you will be responsible for any damage) and within 14 calendar days of your cancellation notice. Return freight costs will be payable by you. We will refund you the price (excluding delivery charges if applicable), as soon as possible and within 14 calendar days of receiving the returned goods. We will withhold payment of your refund pending receipt of the returned Product (in its original condition).

6.4 Due to hygienic reasons, Product(s) listed on this website as “Earrings” cannot be returned after delivery.

6.5 Once the Cooling Off Period has ended and unless we agree otherwise, you do not have a right to return your order.

 

7. Assignment and Subcontracting

7.1 The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer

 

8. Limitation of our Liability

8.1 The Products are supplied in a manner which is consistent with the specification and standards described in the Product Description.

8.2 To the extent permitted by applicable law, our total liability to You under or in connection with the Consumer Terms shall never exceed the total value of the Products ordered by You.

8.3 Neither you nor us will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.

 

9. Privacy and Data Protection

9.1 Personal data obtained by us from you will be held and processed in accordance with all applicable laws and consistently with our Privacy Policy. We may share your personal data with other entities, such as (physical) ‘t Oorzaakje shops. Please review our Privacy Policy in order to understand our privacy and data protection practices, and for full details of our Privacy Practices. You consent to the processing of your personal data in accordance with the above.

 

10. Waiver

10.1 If you breach these Consumer Terms, and we take no action, we shall still be entitled to exercise our rights and remedies in respect of that breach at a later date or in any other situation where you breach these Consumer Terms.

 

11. Amendments to these Consumer Terms

11.1 We may update our Terms and Conditions from time to time. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authority (in which case it will apply to Contracts if required to do so).

 

12. Law and Jurisdiction

12.1 Dutch law and Dutch courts.

 

13. Other Key Consumer Terms Documentation

13.1 Product Descriptions and our Privacy Practices apply.