The odd one out - TERMS & CONDITIONS
COMPANY
Ryba Home Projects bvba
Dept. THE odd ONE OUT Brechtsebaan 250, 2900 Schoten Belgium
VAT: BE0890.865.618
Contact
info@theoddoneout.be
0032 474 570 300
Bank
BNP Paribas Fortis IBAN: BE30 0015 2521 9411 BIC: GEBABEBB
TABLE OF CONTENTS
Under construction – we are currently establishing our T&C for the shop.
Article 1 – Identity of the Vendor
The website accessible via www.theoddoneout.shop (hereinafter referred to as “the Website”) owned by Ryba home projects private limited liability company, with registered offices in Belgium, 2900 Schoten, Brechtsebaan 250 and registered in the Crossroads Bank of Enterprises under number 0890.865.618. (hereinafter referred to as “The Odd One Out” or “The OOO”)
Email address: info@theoddoneout.be
Telephone number: 0032 474 570 300
Bank account number: BE30 0015 2521 9411
Article 2 – Definitions
Seller: The Odd One Out
Buyer: Every natural person who, for non-occupational purposes alone, purchases or uses Goods and/or services made available on the market by The Odd One Out.
Distance Sales Agreement: any agreement concerning goods or services concluded between The Odd One Out and the Buyer under an organized distance sales or service provision scheme runned by The Odd One Out, which, for the purpose of the Agreement, makes exclusive use of one or more means of distance communication up to and including the moment at which the Agreement is conclude
General terms and conditions: The terms and conditions as set forth in this agreement, that apply for all purchase of the Buyer through the Website.
Good(s)/Product(s): Every product made available by The Odd One Out on the Website
Website: the Website of the vendor accessible via www.theoddoneout.shop
Means of distance communication: Any means which, without the simultaneous physical presence of The Odd One Out and the Buyer, may be used for the concluseion of an Agreement between those Parties.
Order: every order made by the Buyer through the Website
Minor: a Buyer under the age of 18 years.
Article 3 – Applicability
1. Unless otherwise agreed upon in writing, the present General terms and conditions apply to every offer made by the OOO and to every Distance Sale entered into between the Buyer and The OOO.
2. These General terms and conditions are applicable to every offer from The OOO as a webshop to the Buyer.
3. By using the Website of The OOO and/or placing and order, the Buyer accept the present General terms and conditions and all rights and obligations mentioned on the Website.
4. To be able to place an Order, the Buyer needs to be older then 18 years old. The OOO reserves the right to decline every Order made by a Minor.
5. The OOO undertakes to present every Buyer a copy of the present General Terms and Conditions when a distance sale is confirmed, or at the latest on delivery of the Order. The General terms and conditions will alwaus be made available in a format that can be saved or printed by the Buyer.
6. This General terms and conditions represent the entire agreement between The OOO and the Buyer.
7. No derogation from the content of these General of Sale is possible unless agreed upon in writing. Derogation to one of the articles of the present General terms and conditions will not affect the other articles of the Present General terms and conditions.
8. The Buyers’ general terms will not apply, unless specifically agreed upon in writing by The OOO.
9. The OOO can decide to adapt and/or complete the Present General terms and conditions at any given moment. The changes will apply to all future Orders.
10. If any provision, clause, or part of tis General Terms, or the application thereof under circumstances is held invalid, illegal or unenforceable, the remainder of this Agreement, or the application of such provision clause or part under other circumstances shall not be affected thereby and shall remain in full force and effect. The relevant clause will be replaced by an equivalent provision authorized by the governing law and will be valid and enforceable in its amended form as part of the agreement.
In the event that The OOO fails at any time to require performance by the Buyer of any of the provisions herein shall not operate as a waiver of the right of The OOO to request strict performance of the same or like provisions, or any other provisions hereof, at a later time.
Article 4 – Offers and Agreement
1. All Products are subject to availibility and every offer is valid as long as shown on the Website and/or as long as the stocks lasts.
2. In the event a Product and/offer is/are subjected to specific conditions, this will be explicitly stated by The OOO.
3. The OOO undertakes to describe it’s Products as complete and accurate as possible. The description is in any case sufficiently detailes to allow the Buyer to make a proper and well-informed decission.
In the event The OOO makes use of graphics, they are a true reflection of the offered Goods and/or Services provided by The OOO, but can never have a contractual value.
To err is human and if The OOO is clearly mistaken, they are not obliged to deliver the ordered Products to the Buyer.
4. The Distance Sale Agreement is entered into as of the sending of the order confirmation by The OOO to the Buyer.
In the event the issuer of the Buyers’ card refuses the payment made to The OOO, The OOO can not be held liable for any delays in the delivery and/or the non-delivery of the Order. Orders without valid payment by name of the registered cardholder will not be accepter or processed.
5. The OOO reserves the right to remove or modify any Product from it’s Website at any time.
6. The OOO reserves the right to refuse any Order when deemed necessary by The OOO and at its sole discretion.
7. The Buyer who buys te Goods from the OOO is an endconsumer. The endconsumer is not allowed to resell the Goods in any way or at any moment.
1. In order to purchase a Product from the Website, the Buyer needs to follow the online purchasing procedure as mentioned and click “authorize payment”.
· Add item to cart
· Proceed to checkout
· Enter your email
· Enter your information for delivery
· Select Shipping option
· Select Payment option
· Review & purchase
Article 5 – Order
1. All prices on the Website are in Euro and include VAT, but exclude delivery fees, which are added to the total prices when ordering.
2. The OOO makes every effort to ensure that the prices featured on the Website are correct, however err is human and may occur. In the event THE OOO discovers an error in the price of any of the Products that the Buyer has ordered, The OOO will inform the Buyer as soon as possible and gives the Buyer the option of confirming the order at the correct price or canceling it. In the event The OOO is unable to contact the Buyer, the Order will be considered cancelled and all amounts paid will be reimbursed to you in full.
3. The OOO is in no event obliged to provide the Buyer with an incorrect lower prices if the error in the price is obvious and unmistakble and could have reasonably been recognised by the Byer as an incorrect price.
4. The following methods are accepted by The OOO for Orders placed through the Website
Creditcard: Visa & Mastercard
Paypall
The OOO may offer other payment methods in the future. If The OOO decides to use other payment methods, this will be announced through the Website.
5. In the event the Buyer chooses to pay by Credit Card, additional terms of use of the Credit Card issuer might apply. The OOO is not a party in the relationship between the Buyer and the Credit Card issuer.
6. In order to ensure the safety of the online payment of the the Buyer, all transactions are encrypted with SSL technology. The Buyer does not need specific software to pay with SSL. The SSL connection can be recognized through the lock in the bottom of the status bar of your browser.
Article 6 – Prices and Payment
1. All Products are delivered to the address provided by the Buyer when ordering.
2. Orders are made and delivered as soon as possible.
3. When a Product is temporarily out of stock, The OOO will immediately contact the Buyer and inform him of the estimated time until the Products will be on stock again. The OOO does its utmost to contact the Buyer within 1 à 3 working das by e-mail of any delays.
4. If The OOO is not able to deliver on time, The OOO notifies the Buyer before the end of the delivery period. If The OOO doesn’t notify the Buyer in time, the Buyer can cancel his order for free. In that case The OOO will refund the Buyer within 30 days after dissolution of the Agreement.
5. The shipment of the Products is always at the risk of The OOO.
6. The Buyer will be responsible for the transportation when the Products are returned to The OOO.
7. Risk and liability over delivered Products is transferred to the Buyer as of delivery to the chosen address.
8. The Buyer, or any other person, is required to be present at delivery of the Products at the address indicated by the Buyer.
9. The OOO is not responsible for failed deliveries, without limitation:
· The Buyer provides an incorrect or outdated address;
· No one is at home at the address of delivery indicated by the Buyer;
10. The OOO’s total liability for breach does in no event exceed the purchase price of the Products.
Article 7 – Delivery and Delivery Time
1. The Buyer has 14 days from the delivery of the non-personalised Products (or the conclusion of the Agreement) to return the Products. The Buyer can return, all non-personalised Products, without penalty and without giving any reason within the aformentioned 14 days.
2. The Shipping costs for the return of the shipment are at the expense of the Buyer.
3. The OOO can refuse repayment as long as the returned Products are not received by The OOO.
4. The OOO expects the Buyer to handle the Products as well as the packaging with the utmost care within the first 14 days after delivery. If the Buyer wishes to return the Goods as described above, he may only unpack or use them to the extend needed to assess whether or not the Bueyer wishes to retain them. Returned Products may be tested, but not used. When returning the Products, the Buyer also has to return all delivered accessories and return the Products in their original condition and packaging.
5. Notify The OOO via email: info@theoddoneout.be
6. Return Address: The Odd One Out, Brechtsebaan 250, 2900 Schoten, Belgium
Article 8 – Right of withdrawal
1. Notwithstanding the actual delivery, The OOO remains the legal owner of all Products until the moment of full payment, including payment of all interests and costs.
2. The Buyer shall not sell, rent out, donate or in any way expropriate all or part of the Products as long as the Buyer does not have full property rights.
Article 9 – Reserve of property
1. The Website is made available to the Buyer without any express or implied warranties of correctness. The OOO cannot be held liable for damages resulting from the use in any way of contents of the Website or for damage caused by distributing it, regardless of whether this content was correct or incorrect. Nor can The OOO be held liable for any damages caused by false, incomplete, ambiguous or dated content or language errors.
2. The Buyer agrees that the liability of The OOO will in any case be limited to, and shall never exceed the total amount of the last issued invoice.
3. The OOO makes every effort in order to provide access to its website 24 hours a day, 7 days a week. Regarding the technical characteristics of the internet and the information technology, and the given need for periodic maintenance, updates and upgrades, The OOO cannot guarantee an uninterrupted access to its Website. In case of acceptable discontinuance, interruption or disruption of access or services,
The OOO will do everything in its power to correct it within the shortest possible delay. Such normally acceptable interruptions or disturbances are specific to services via the Internet and cannot be considered as defects or default. This will in no case give rise to liability to any damages or other remedy.
4. The Websites to which The OOO occasionally refers are not managed, hosted or maintained by The OOO. The OOO is not liable for the content of these sites, for the links referring to them nor for the amendments and updates made on them.
Article 10 – Limitation of liability
1. The OOO guarantees that its Products are in accordance with the order of the Buyer and meets the normal expectations he may have, taking into account the specifications of the Product. The OOO also guarantees that its goods are in accordance with any at the moment of the order applicable law.
2. The Buyer disposes over a statutory 2-year warranty on Products purchased from The OOO During this period and within the legal limits, The OOO provides the free replacement or repair of Products showing a defect covered by the statutory warranty.
To the extent of what is possible or reasonable, the Buyer has a choice between replacement or repair of the Product. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, The Buyer has the right to a reduction or to demand the dissolution of the contract of sale.
Article 11 – Conformity and Warranty
1. In case of Force Majeure, The OOO is not obliged to fulfil its obligations. In that case it may either suspend its obligations for the duration of the state of force majeure or definitely repudiate the Agreement.
2. Events of force majeure are all circumstances external to The OOO’s will that render the respect of its obligations towards the Buyer completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down time of the Website, late delivery or absence of delivery by suppliers or other third parties and the loss or absence of any required licenses.
Article 12 – Force Majeure
1. The Buyer expressly acknowledges that all given information, data, texts, images,… related to the Website or the offered Goods, are protected by intellectual property rights belonging to The OOO, it’s suppliers or other beneficiaries.
2. Intellectual property rights includes: patents, copyright, trademarks, design and/or other (intellectual property) rights, included technical or commercial know how, methods and concepts.
3. It is forbidden for the Buyer to use and/or change any of the intellectual property rights as described in the present clause. So the Buyer may not copy nor reproduce without prior written and explicit consent of the OOO, her suppliers or other beneficiaries.
Article 13 – Intellectual Property
1. The OOO tries to satisfy 100% of its Buyers. If nevertheless the Buyer would have complaints concerning the Goods and/or Services provided by the OOO, the Buyer needs to contact the OOO.
2. The OOO does its utmost to deal with every complaint within 5 working days.
3. By way of Alternative Dispute Resolution measure, the Service de Médiation des Consommateurs of the SPF Economie has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via the following link: http://www.mediationconsommateur.be//en.
In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via the following link: http://ec.europa.eu/odr.
Article 14 – Complaint procedure
1. All offers and agreements are subjected to Belgian Law.
2. All disputes related to or resulting from offers from the OOO, or agreements entered into with it are subject to the jurisdiction of the courts of Antwerp.
Article 15 – Applicable law and Competent courts
1. Any notices to be given in accordance with this General terms and conditions should be done in writing, by e-mail, fax or mail to the address of The OOO as mentioned in clause 2 of this General terms and conditions.
2. For further information or any suggestions concerning these General terms and conditions, please contact the OOO at the following address: Ryba home projects private limited liability company, with registered offices in Belgium, 2900 Schoten, Brechtsebaan 250.
By e-mail: info@theoddoneout.be
By phone: 0032 474 570 300