Terms and Conditions

Terms and Conditions

Article 1 – Definitions

  1. the “Consumer”: the natural person who enters into a distance contract with the entrepreneur;
  2. “Cooling-off period”: the predetermined period during which the consumer can make use of his right of withdrawal;
  3. “Day” or “Days”: a calendar day or days;
  4. “Long-term transaction”: a distance contract with regard to a series of products and/or services, the delivery and purchase obligation of which is spread over time;
  5. “Durable data carrier”: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information;
  6. “Right of withdrawal”: the option for the consumer to waive the distance contract within the cooling-off period;
  7. the “Entrepreneur”: the natural or legal person who offers products and/or services to consumers at a distance;
  8. a "Distance Agreement": an agreement whereby, within the framework 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, use is made of one or more communication techniques. at a distance;
  9. “Technology for distance communication”: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Olucia
Kernreactorstraat 15
3903 LG Veenendaal
The Netherlands
Email: info@olucia.com

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the Entrepreneur and to every distance contract concluded between the Entrepreneur and the Consumer.
  2. The text of the General Terms and Conditions must be made available at all times before the Distance Agreement is concluded. These can always be found on the relevant website of the Company. If this is not reasonably possible, before the Distance Agreement is concluded, the opportunity will be offered to physically inspect it at the Company, and it will be sent free of charge as soon as possible at the request of the consumer.
  3. If the Distance Agreement is concluded electronically, then, contrary to the previous paragraph and before the Distance Agreement 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 Agreement 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.
  4. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply and the Consumer can invoke the relevant terms and conditions that are most favorable to him.

 Article 4 - The offer

  1. An offer always has a limited period of validity, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the presentation of the offer do not bind the Entrepreneur. The Entrepreneur is also responsible for the price of the product and the delivery. However, if there is an obvious mistake, the Entrepreneur reserves the right not to enter into an agreement and to inform the Consumer of this, stating the reasons.
  3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. These are, but not only:
  • The price including taxes;
  • The delivery costs;
  • The way in which the agreement will be concluded and which actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery and performance of the agreement;
  • The period for accepting the offer, or the period within which the company guarantees the price;
  • Any costs for Distance Communication;
  • Whether the Agreement is archived and how, in that case, it can be viewed by the Consumer upon request;
  • Any other languages in which the offer can be made;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.

 Article 5 - The agreement

  1. 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.
  2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment . If the Consumer can pay electronically, the Entrepreneur will take appropriate security measures.
  4. The Entrepreneur can inform himself - within legal frameworks - 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 Agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
  5. The Entrepreneur will send the following information to the Consumer with the product or service, 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 establishment of the Entrepreneur 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 information included in Article 4 paragraph 3 of these terms and conditions, unless the Entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
  • In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

 Article 6 - Right of withdrawal

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons during 30 Days. This cooling-off period starts on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to the entrepreneur.
  2. 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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.


 Article 7 - Costs in case of withdrawal

  1. If the Consumer makes use of his right of withdrawal, the costs of return will be borne at most.
  2. If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

  Article 8 - Exclusion right of withdrawal

  1. The Entrepreneur can exclude the right of withdrawal of the Consumer insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the Entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  • - which have been created by the Entrepreneur in accordance with the consumer's specifications;
  • - which are clearly personal in nature;
  • - which cannot be returned due to their nature;
  • Exclusion of the right of withdrawal is only possible for services:
  • - of which the delivery has started with the express consent of the Consumer before the cooling-off period has expired.

 Article 9 - The price

  1. 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.
  2. Contrary to the previous paragraph; prices may change due to factors beyond the Company's control. In this specific case, this will be communicated to the Consumer in advance.
  3. The prices stated in the offer of products or services include VAT.

 Article 10 - Conformity and Warranty

  1. The Entrepreneur 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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against the Entrepreneur under the agreement.

 Article 11 - Delivery and performance

  1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address specified by the Consumer.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 5 working days, unless a longer 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.
  1. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  1. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a pre-designated representative made known to the Entrepreneur, unless expressly agreed otherwise.

 Article 12 - Payment

  1. The Consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the Entrepreneur.
  2. In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
  3. When the Consumer has fulfilled its payment obligations, Olucia is in turn obliged to send the delivered goods, plus the agreed shipping costs, within 3-5 working days.

 Article 13 - Complaints procedure

  1. The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. This complaints procedure is handled by our customer service.
  2. Complaints about the implementation of the agreement must be submitted to the Entrepreneur within a reasonable time, fully and clearly described, after the Consumer has discovered the defects.
  3. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
  1. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

 Article 14 - Disputes

  1. Dutch law applies exclusively to all agreements and these general terms and conditions, unless stated otherwise.


Article 15 - 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.