General Terms and Conditions OppoSuits

Table of contents:

Article   1 – Definitions
Article   2 – Identity of the trader
Article   3 – Applicability
Article   4 – The offer
Article   5 – The contract
Article   6 – Right of withdrawal
Article   7 – Withdrawal costs
Article   8 – Price
Article   9 – Compliance and guarantee
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Applicable law and disputes

 

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

1. Reflection period: the period during which the customer may use his right of withdrawal;

2. Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with OppoSuits;

3. Day: a calendar day;

4. Durable data carrier: any storage device that allows the consumer or OppoSuits to store information that is personally addressed to him or her in a way that makes future consultation and unaltered reproduction of the information possible;

5. Right of withdrawal: the possibility for the consumer to – within the reflection period – opt out of the distance contract:

6. OppoSuits: OppoSuits B.V., the company and legal entity that provides products to consumers at a distance and thereby makes use of these general terms and conditions;

7. Distance contract: a contract that is concluded under an organized distance sales scheme of OppoSuits, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

8. Distance communication technology: a means of communication that can be used to conclude a contract without the consumer and OppoSuits physically meeting in the same room.

 

Article 2 – Identity of the company

The private limited liability company OppoSuits B.V.

Having a registered office and principal place of business at Zuideinde 3C, 2371 BP Roelofarendsveen, The Netherlands
Email address: info@opposuits.com
Registered in the Netherlands with the Chamber of Commerce:
Chamber of Commerce number: 63661314
VAT identification number: NL855340241B01

 

Article 3 – Applicability

1. These general terms and conditions apply to any offer made by OppoSuits and to any distance contract concluded between OppoSuits and the consumer.

2. Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer.

3. If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions 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 before the distance contract is concluded how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, electronically or in some other way.

 

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, these shall be explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed, allowing the consumer to make a good assessment of the offer. If OppoSuits uses images, these are a true reflection of the products offered. OppoSuits is not bound by obvious errors or mistakes in the offer.

3. All offers contain information that makes it clear to the Consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

   • the price including taxes;
   • the possible costs of delivery and/or return of a shipment;
   • how the agreement will be concluded and what actions are required;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and execution of the agreement;
   • the period during which the offer may be accepted, or the period within which OppoSuits guarantees the price;
   • whether the agreement will be archived after its conclusion and, if so, how the consumer may consult it;
   • the way in which the consumer can, before the agreement is concluded, check and, if necessary, correct the information provided to him within the context of the agreement;
   • any languages other than Dutch in which the agreement may be concluded.

 

Article 5 – The contract

1. Subject to the provisions in Article 4, the contract is concluded at the moment that the Consumer accepts the offer and the terms and conditions set have been fulfilled.

2. If the Consumer accepts the offer electronically, OppoSuits shall promptly confirm receipt of acceptance of the offer by electronic means. As long as the receipt of acceptance has not been confirmed by OppoSuits, the consumer can dissolve the contract.

3. If the contract is concluded electronically, OppoSuits will take appropriate technical and organizational measures to secure the safe transfer of data and will ensure a safe web environment. If the consumer can pay electronically, OppoSuits shall take appropriate security measures to this end.

4. OppoSuits may, within the limits of the law, gather information about the consumer’s ability to fulfill the payment obligations, as well as all facts and factors relevant to responsibly conclude the distance contract. If, on the grounds of this investigation, OppoSuits has proper grounds for not concluding the contract, OppoSuits is entitled to refuse an order or request, supported by reasons, or to attach special terms and conditions to fulfillment of the contract.

5. OppoSuits will send the consumer the following information in writing together with the product or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

   a. the contact details and address of OppoSuits where the consumer can lodge complaints;

   b. the conditions under which and the manner in which the Consumer may exercise the right of withdrawal or, as the case may be, a clear statement about exclusion from the right of withdrawal;

   c. information on after-sales services and guarantees;

   d. the information as stated in Article 4, paragraph 3 of the Terms and Conditions, unless OppoSuits has already provided the consumer with this information prior to the conclusion of the contract;

 

Article 6 – Right of withdrawal

1. When purchasing products, the consumer may dissolve the contract without giving reasons during a period of 14 days. This period of reflection commences on the day following receipt of the product by the consumer or a third party designated by the consumer and made known to OppoSuits in advance.

2. During this period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the degree necessary to be able to assess whether he wishes to keep the product. Should the consumer wish to exercise his right of withdrawal, the consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to OppoSuits in compliance with reasonable and clear instructions supplied by OppoSuits.

 

Article 7  – Withdrawal costs

1. If the consumer makes use of his right of withdrawal, at the most he will bear the cost of returning the shipment.

2. If the consumer has made a payment for the product, OppoSuits will refund this amount as soon as possible but no later than 14 days after the consumer reported the withdrawal.

 

Article 8 – Price

1. The prices of the products and/or services shall not be raised during the period of validity as stated in the offer, except for price changes due to changes in VAT rates.

2. All prices stated for products or services include VAT.

 

Article 9 – Compliance and guarantee

1. OppoSuits guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with existing statutory provisions and/or government regulations on the day that the contract was concluded. A guarantee provided by OppoSuits, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert on the grounds of the contract with OppoSuits.

2. Any form of liability for damage in connection with the use of the products of OppoSuits, and in particular immaterial damage, consequential loss, loss of profits and reputation damage, is explicitly excluded.

 

Article 10 – Delivery and execution

1. OppoSuits will take the greatest possible care when receiving and executing orders for products.

2. The place of delivery is the address provided by the consumer to OppoSuits.

3. Taking into account the stipulations in Article 4 of these General Terms and Conditions, OppoSuits shall execute accepted orders with due speed but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notice of this no later than 30 days after he placed the order or, in the case of a pre-order, no later than 30 days after the planned delivery date. In that case, the consumer has the right to terminate the contract without incurring any costs, whereby any form of liability of OppoSuits is excluded.

4. In the case of termination in accordance with the previous paragraph, OppoSuits will refund the amount paid by the consumer as soon as possible, but no later than 14 days following termination.

5. If the delivery of an ordered product is not possible, OppoSuits will endeavor to make a replacement article available. This will be stated clearly and understandably and no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement articles. The cost of return of a replacement item is to be borne by OppoSuits.

6. The risk of loss and/or damage to products will be borne by OppoSuits until the moment of delivery to the consumer or an appointed third party who has been made know to OppoSuits in advance unless explicitly agreed otherwise.

7. Any import duties, customs costs, import duties, taxes or other locally imposed costs are to be borne by the consumer. OppoSuits is not liable for these costs.

 

Article 11 – Payment

1. The amount owed by the consumer must be paid when the order is placed, but in any case within 14 days following commencement of the period of reflection as referred to in Article 6, paragraph 1. The consumer does not have the right to suspend or offset payment.

2. The consumer is obliged to inform OppoSuits promptly of any inaccuracies in the payment details that were supplied or specified.

3. In case of late payment by the customer, OppoSuits has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.

4. OppoSuits retains title to its products as long as no full payment has been received.

 

Article 12 – Complaints procedure

1. The consumer must check the OppoSuits products upon receipt. Complaints about the execution of the contract, and in particular about OppoSuits products, must be submitted to OppoSuits in writing with a complete and clear description no later than 14 days after receipt of the products, unless this is not reasonably possible, or it will result in cancellation of the right of complaint.

2. Complaints submitted to OppoSuits shall be answered within a period of 14 days following the date of receipt. Should a complaint require a longer period to resolve, OppoSuits will respond within the term of 14 days with a notice of receipt and with an indication of when the consumer can expect a more detailed reply.

3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes regulation included in Article 13, paragraph 2 below.

 

Article 13 – Applicable law and disputes

1. Contracts between OppoSuits and the consumer to which these general terms and conditions apply are subject only to Dutch law, with the exception of mandatory rules for the protection of the consumer.

2. If a dispute cannot reasonably be resolved, the dispute can be submitted to the competent court for assessment.

3. These general conditions can be found on www.opposuits.nl, and are offered to the consumer during the ordering process, prior to the conclusion of the contract, for acceptance. The consumer must take note of the conditions and accept them in the ordering process. The general terms and conditions can be printed out, saved, and archived.

4. In addition, the details of the order can be archived by saving the order confirmation. This confirmation contains the order details and a reference to these general conditions. These can be printed out by the consumer or saved in his email program. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.