Terms and Conditions

Terms and Conditions Omansa

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Omansa

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of Omansa upon withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and performance

Article 14 - Duration transactions: duration, cancellation and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions:

Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Omansa or by a third party on the basis of an agreement between those third and Omansa;
Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
Day : calendar day;
Digital content : data produced and delivered in digital form;
Duration contract : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal : the option of the consumer to waive the distance contract within the cooling-off period;
Distance contract : an agreement that is concluded between Omansa and the consumer in the context of an organized system for the distance sale of products, digital content and / or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement of one or more remote communication techniques;
Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions;

Omansa: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers at a distance as set out in these general terms and conditions;

Technique for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;

Article 2 – Identity of Omansa

Entrepreneur name: Omansa

Business address; Laantje van van iperen 117, 4142EP Leerdam, The Netherlands.

info@omansa.nl

Chamber of Commerce number; 86794914

VAT identification number; NL004316185B95

Article 3 – Applicability

These general terms and conditions apply to every offer from Omansa and to every distance contract concluded 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, Omansa will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at Omansa and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Omansa uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Omansa.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, Omansa will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Omansa, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel an agreement: the consumer can, however, make use of the right of withdrawal (article 6).
If the agreement is concluded electronically, Omansa will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Omansa will take appropriate security measures.
Omansa can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Omansa has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
No later than upon delivery of the product, service or digital content to the consumer, Omansa will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the Omansa branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
if the consumer has a right of withdrawal, the model form for withdrawal.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. Omansa may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Omansa may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:

The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. Omansa may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:

If Omansa has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If Omansa has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if Omansa has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to Omansa within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Omansa. This is not necessary if Omansa has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Omansa.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If Omansa has not reported that the consumer must bear these costs or if Omansa indicates that it will bear the costs itself, the consumer does not have to bear the costs for returning the goods.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
Omansa has failed to confirm this consumer statement.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Omansa upon withdrawal

If Omansa makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after receipt of this notification.
Omansa will reimburse all payments made by the consumer, including any delivery costs charged by Omansa for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Omansa offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that it has returned the product, whichever is the earlier.
Omansa uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Omansa does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

Omansa can exclude the following products and services from the right of withdrawal, but only if Omansa has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which Omansa has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by Omansa to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful the bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:

the performance has begun with the express prior consent of the consumer; and
the consumer has stated that he will lose his right of withdrawal as soon as Omansa has fully executed the agreement;

Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages, the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which Omansa has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:

the performance has begun with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, Omansa can offer products or services whose prices are subject to fluctuations in the financial market and over which Omansa has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Omansa has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

Omansa guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, Omansa also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by Omansa, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Omansa on the basis of the agreement if Omansa has failed to fulfill its part of the agreement.
An additional guarantee is understood to mean any obligation of Omansa, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and performance

Omansa 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 is the address that the consumer has made known to Omansa.
With due observance of what is stated in article 4 of these general terms and conditions, Omansa 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 or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, Omansa will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with Omansa until the moment of delivery to the consumer or a pre-designated representative made known to Omansa, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and renewal

Cancellation:

The consumer can at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services.

terminate with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can use the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or in a specific period;
terminate at least in the same manner as these agreements have been entered into by him;
always cancel with the same notice period as Omansa has stipulated for itself.

Extension:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time may be tacitly extended for a fixed term of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the cooling-off period commences, or in the absence of a cooling-off period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Omansa.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by Omansa of the late payment and Omansa has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, after if payment is not made within this 14-day term, Omansa will owe statutory interest on the amount still due and Omansa will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. Omansa may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

Omansa has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to Omansa within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Omansa will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Omansa will respond within the period of 14 (fourteen) days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 – Disputes

Only Dutch law applies to agreements between Omansa and the consumer to which these general terms and conditions apply. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Omansa has its office.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer 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 data carrier.

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