General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

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

Distance contract: an agreement concluded within the framework of an organized system by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Omecia

Business address: Gerrit Heeringastraat 9, 2201 DL Noordwijk, The Netherlands.

Telephone number: +31 621936820

support@glosara.com

Chamber of Commerce number: 78064325

VAT registration number: NL003281137B35

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request by electronic or other means.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced promptly by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.

Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services for imports. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the clearance costs charged) from the recipient of the goods;
  • the possible costs of shipping;
  • the way in which the contract will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the rate of distance communication if the costs of using the distance communication technique are calculated on a basis other than the basic rate for the used communication means;
  • whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • the way the consumer, before concluding the agreement, can check and, if desired, correct the information provided under the contract;
  • any other languages in which the agreement can be concluded besides Dutch;
  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The contract

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.

If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has sound reasons not to enter into the contract, they are entitled to refuse an order or application or to attach special conditions to the execution.

The entrepreneur will send the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing after-sales services;
  • the data referred to in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided the consumer with this data before the execution of the contract;
  • the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

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

Each agreement is concluded under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This reflection period starts on the day after the consumer, or a representative previously designated by the consumer and communicated to the entrepreneur, has received the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories 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.

When the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known via the standard withdrawal form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not indicated that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipment shall be borne by them.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method.

In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.

The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer’s specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

 

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  • these result from statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the product packaging;
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

The entrepreneur shall exercise the greatest possible care in receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

Taking into account what is stated about this in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination:

The consumer may terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time by the end of the fixed duration, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • terminate in the same manner as they were entered into;
  • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Extension:

A fixed-term contract that was concluded for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term contract that was concluded for the regular delivery of products or services may only be automatically extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement is for the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.

A limited-duration contract for the regular introduction of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If a contract has a duration of more than one year, the consumer may terminate the contract 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 duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.