Terms and Conditions
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Terms and Conditions

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 Right of Withdrawal
Article 9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Taxes, Import Duties, and Customs Costs

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance agreement regarding a series of products and/or services, for which the delivery and/or procurement obligation is spread over time;

  • Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;

  • Model form: the model withdrawal form provided by the entrepreneur, which a consumer can fill in to exercise their right of withdrawal;

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

  • Distance agreement: an agreement concluded in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement exclusively by one or more means of distance communication;

  • Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same location;

  • Terms and Conditions: these General Terms and Conditions of the entrepreneur (Oliviadenim).

Article 2 – Identity of the Entrepreneur

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority:

If the entrepreneur practices a regulated profession:

  • The professional association or organization to which they are affiliated;

  • The professional title, and the place in the EU or EEA where it was awarded;

  • A reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer of Oliviadenim and every distance agreement and order between Oliviadenim and the consumer.

Before a distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the terms and conditions can be inspected at Oliviadenim and will be sent free of charge upon request.

If the agreement is concluded electronically, the terms and conditions may be provided electronically in a way that the consumer can easily store on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they can be sent free of charge on request.

If, in addition to these terms and conditions, specific product or service terms apply, the above provisions apply accordingly. In case of conflicting terms, the consumer may rely on the provision most favorable to them.

If one or more provisions of these terms are null or void, the rest of the agreement remains in effect, and the provision will be replaced to approximate the original intent. Situations not covered by these terms are interpreted ‘in the spirit’ of these terms.

Ambiguities in interpretation are also resolved ‘in the spirit’ of these terms.

Article 4 – The Offer

If an offer has a limited validity or is conditional, this will be clearly stated in the offer.

The offer is non-binding. Oliviadenim is entitled to modify the offer.

The offer contains a complete and accurate description of the products and/or services, sufficient for the consumer to assess it properly. Images, if used, are truthful representations. Obvious errors in the offer do not bind Oliviadenim.

All images and specifications are indicative and do not entitle the consumer to compensation.

Each offer must make clear the rights and obligations of the consumer, including:

  • Price including taxes;

  • Shipping costs;

  • How the agreement is concluded;

  • Whether the right of withdrawal applies;

  • Payment, delivery, and execution;

  • Offer validity period;

  • Communication costs;

  • Agreement archiving;

  • How consumers can check and correct provided data;

  • Languages in which the agreement can be concluded;

  • Codes of conduct;

  • Minimum duration for long-term agreements;

  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to Article 5(4), at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, Oliviadenim will immediately confirm receipt electronically. Until receipt is confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Oliviadenim will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe online environment. If electronic payment is possible, Oliviadenim will take proper security measures.

Oliviadenim may check whether the consumer can meet their payment obligations and other relevant factors. If there are reasonable grounds not to enter into the agreement, Oliviadenim may refuse an order or impose special conditions.

Oliviadenim will provide the following information with the product or service in writing or on a durable medium:

  • The address for complaints;

  • Conditions and procedure for exercising the right of withdrawal;

  • Warranty and service information;

  • Information required under Article 4(3) unless already provided;

  • Termination requirements for agreements exceeding one year.

For long-term transactions, this only applies to the first delivery.

All agreements are concluded under the condition of sufficient product availability.

Article 6 – Right of Withdrawal

For products:

The consumer may cancel the agreement within 14 days without giving reasons. The cooling-off period starts the day after the consumer or their designated representative receives the product.

During this period, the consumer must handle the product and packaging carefully. The product may only be unpacked as necessary to assess whether they wish to keep it. Products must be returned with all accessories and, if reasonably possible, in the original condition and packaging, following clear instructions.

Notice of withdrawal must be made within 14 days after receipt. Products must be returned within 14 days of notice, and the consumer must provide proof of return. If deadlines are not met, the purchase is final.

For services:

The consumer may cancel the agreement within at least 14 days, starting from the day the agreement is concluded. Instructions for exercising the right of withdrawal will be provided by Oliviadenim at the offer or delivery stage.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, return costs are borne by the consumer.

  2. Paid amounts will be refunded within 14 days after withdrawal, provided the product has been received by Oliviadenim or proof of return is provided.

Article 8 – Exclusion of Right of Withdrawal

Oliviadenim may exclude the right of withdrawal for certain products and services if clearly stated in the offer:

Products:

  • Custom-made according to consumer specifications;

  • Clearly personal in nature;

  • Cannot be returned due to their nature;

  • Perishable or liable to rapid deterioration;

  • Priced according to financial market fluctuations;

  • Loose newspapers and magazines;

  • Sealed audio/video recordings or software opened by the consumer;

  • Sealed hygiene products opened by the consumer.

Services:

  • Accommodation, transport, restaurant, or leisure services at a specific date or period;

  • Services begun with consumer consent before the cooling-off period ends;

  • Betting and lotteries.

Article 9 – Price

Prices are fixed during the offer validity, except for VAT changes. Prices tied to financial market fluctuations may be variable and will be indicated as such.

Price increases within 3 months after the agreement are only allowed due to legal provisions. After 3 months, increases are allowed if agreed upon or due to legal provisions, with the right for the consumer to terminate the agreement.

All prices include VAT. Oliviadenim is not liable for typographical errors; delivery at the incorrect price is not obligatory.

Article 10 – Conformity and Warranty

Oliviadenim guarantees that products/services comply with the agreement, specifications, reasonable requirements of durability and usability, and legal regulations at the time of the agreement.

Warranty by Oliviadenim, manufacturer, or importer does not affect the consumer’s statutory rights.

Defects or incorrect deliveries must be reported within 2 months after delivery. Returned products must be in original packaging and new condition.

Warranty does not cover:

  • Products repaired or modified by the consumer or third parties;

  • Products exposed to abnormal circumstances or misused;

  • Defects due to government-imposed material requirements.

Article 11 – Delivery and Execution

Oliviadenim takes utmost care in receiving and executing orders.

Delivery location is the address provided by the consumer. Orders are executed promptly, at the latest within 30 days unless agreed otherwise.

If delivery is delayed or impossible, the consumer will be notified within 30 days and may dissolve the agreement without cost, but without right to compensation.

If a replacement product is provided, the right of withdrawal applies. Return costs are borne by Oliviadenim.

Risk of damage/loss remains with Oliviadenim until delivery or designated representative.

Consumers acknowledge goods may ship directly from third countries (e.g., China); Oliviadenim acts as intermediary only. Delays or additional costs are the consumer’s responsibility.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination:

  • Agreements for indefinite duration may be terminated at any time with a maximum one-month notice.

  • Fixed-term agreements can be terminated at the end of the term with a maximum one-month notice.

  • Consumers may always terminate agreements at any time under the same conditions as concluded.

Renewal:

  • Fixed-term agreements cannot be automatically renewed. Exceptions exist for newspapers/magazines for up to 3 months if termination is possible with a one-month notice.

  • Agreements over one year may be terminated after one year with one-month notice unless fairness prevents early termination.

Article 13 – Payment

Unless agreed otherwise, payments must be made within 7 days after the cooling-off period begins (products) or after confirmation of the agreement (services).

Consumers must report incorrect payment details immediately. Oliviadenim may charge reasonable costs for late payment.

Article 14 – Complaints Procedure

Oliviadenim has a publicly known complaints procedure.

  • Complaints must be submitted within 2 months after defect discovery.

  • Complaints are acknowledged within 14 days; detailed answers will follow as needed.

If a complaint is valid, Oliviadenim will repair or replace products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements. The Vienna Sales Convention does not apply.

Article 16 – Taxes, Import Duties, and Customs Costs

All prices include Dutch VAT unless otherwise stated.

For goods shipped from third countries (e.g., China), the consumer is fully responsible for import duties, taxes (including VAT), customs clearance fees, and other charges.

Oliviadenim is not liable for customs delays or extra costs. Non-payment of duties may lead to delivery delays or non-delivery, for which Oliviadenim is not responsible.