These general terms and conditions of O’ Company B.V. are an agreement about the provision of services between O’ Company B.V. (the entrepreneur) and the consumer below.
Article 1. Definition
In these general terms and conditions, the following definitions apply:
1. Cooling – off period: the time at which the consumer may use his right of withdrawal;
2. Consumer/ cardholder / you: The natural person who does not act in the exercise of profession or business and enters into a distance agreement with us;
3. Day: Calendar day;
4. Digital content: Data produced and delivered in digital form;
5. Distance agreement: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement is made exclusively or partly use of one or more techniques for distance communication;
6. Duration Agreement: An agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable medium: Any tool, including e-mail, that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use for a period that is Adapted to the purpose for which the information is intended and which enables unchanged reproduction of the information stored;
8. Entrepreneur/ we / us: The natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
9. Membership Plan: the personalised service provided by the entrepreneur for discovering and ordering products at a discount, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with such service.
10. Model withdrawal form: the European model withdrawal form set out in annex I to these conditions;
11. Right of withdrawal: the possibility of the consumer to refrain from the distance agreement within the cooling – off period;
12. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third and the entrepreneur
13. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be gathered together in the same room.
Article 2. Identity of the entrepreneur
The identity of the entrepreneur is:
O’ Company B.V. (trading under the name Collalux)
Office/ visiting address:
De Cuserstraat 93
1081 CN Amsterdam, The Netherlands
(this is not the return address):
Chamber of Commerce registration number: 73146862
VAT number: 8593.73.472
Article 3. Applicability
1. These general terms and conditions apply to every offer we make and to any distance agreement concluded between us and you.
2. Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to you. If this is not reasonably possible, we will indicate, before the distance agreement is concluded, how the general terms and conditions are to be examined by you and that at your request, we will provide the general terms and conditions free of charge and as soon as possible.
3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available by electronic means to you in such a manner that these can be easily stored by you on a durable data carrier. If this is not reasonably possible, we shall indicate, before the distance agreement is concluded, where you can examine the general terms and conditions electronically and that, at your request, the general terms and conditions shall be provided to you free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and you may, in the event of conflicting conditions, always invoke the applicable provision which is most favourable to you.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or nullified, then the remainder of the provisions of the agreement and these general terms and conditions remain valid and the void or nullified provisions shall be, by mutual agreement, be replaced without delay by provisions which approximate, as much as possible, the scope of the original provisions.
6. Circumstances and events which are not governed by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of these general terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.
Article 4. Membership Plans
1. We offer discount membership plans. Some membership plans may have differing conditions and limitations, which we will disclose to you before you sign-up.
2. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the membership plan. Minors may only use the service under the supervision of an adult.
3. The membership plan and any products ordered through the membership plan are for your personal and non-commercial use and may not be shared with individuals beyond your household. During the term of the membership plan, you are granted a limited, non-exclusive, non-transferable right to access the discount service and can order products at a discount. Except for the foregoing, no right, title or interest shall be transferred to you.
4. If you have created the membership plan account and we charge the payment method that you have selected, you will have full has access and control over your membership account and you are responsible for any activity that occurs through your membership account. You are responsible for updating and maintaining the accuracy of the information that you have provided to us relating to your account. We can cancel your account or place your account on hold in order to protect you, ourselves or our partners from identity theft or other fraudulent activity.
Article 5. The Offer
1. Any offer we make is non – binding and non – committal. We are entitled to modify and amend the offer at any time.
2. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
3. The offer contains a complete and accurate description of the services, offered products and/ or digital content. The description is sufficiently detailed to enable you to make a good assessment of the offer. If we use images, they are a truthful representation of the services, products and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind us.
4. Each offer contains such information, that it is clear to you which rights and obligations are attached to the acceptance of the offer.
5. All images, specifications and data contained in the offer are indicative and shall by no means form the grounds for indemnity, compensation of alleged damages or a dissolution of the agreement.
Article 6. The Agreement
1. The agreement between you and us is concluded when you accept our offer in compliance with the applicable terms and conditions.
2. If you have accepted our offer electronically, we shall immediately confirm electronically the receipt of your acceptance. If the receipt of this acceptance is not confirmed by us, you can dissolve the agreement.
3. If the Agreement is for a recurring transaction, we will confirm this within 2 days after your acceptance.
4. Provide notification to you at least 7 working days before a recurring transaction if any of the following is true:
a. more than 6 months have elapsed since the previous Recurring Transaction;
b. a trial period, introductory offer, or any promotional activity has expired;
c. The Recurring Transaction agreement has been changed, including, but not limited to:
a. Any change to the amount of the Recurring Transaction
b. Any change to the date of the Recurring Transaction
5. For an unscheduled credential-on-file transaction, we provide notification to you of any change in the agreement, including, but not limited to, any change in the amount of the transaction, at least 2 working days before the change. At the same time as providing this notification, we advise you how to cancel the agreement.
6. If the agreement is concluded electronically, we will take appropriate technical and organisational measures to safeguard the electronic transmission of data and ensure a secure web environment. If you can pay electronically, we will observe appropriate security measures.
7. We can, within the applicable legal frameworks, inform ourselves whether you can fulfil your payment obligations, as well as inform ourselves of all those other facts and circumstances that are important to assess if it would be responsible to enter into the distance agreement with you. If, based on this investigation, we have good grounds not to enter into the agreement, we are entitled to refuse an order or request or to require additional terms and conditions.
8. We will provide to you, at the latest upon delivery of the service, product and/or digital content to you, the following information in writing or in such a manner that it can be stored by you in an accessible manner on a sustainable data bearer:
a. Our visiting address where you can make complaints;
b. The conditions under which, and the manner in which, you may use your right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
c. The information about warranties and existing service after purchase;
d. The price – including all taxes – of the service, product or digital content;
e. Where applicable, the cost of delivery and the method of payment, delivery or performance of the distance agreement;
f. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
g. If the consumer has a right of withdrawal, the model withdrawal form.
9. If the agreement entails a subscription or other continuing form of delivery or use of services, products or digital content, the provision in the preceding paragraph applies only to the first delivery or use.
10. Each agreement is entered into under the condition precedent that sufficient services, products or digital content is available.
Article 7. Payment
1. We accept the following payment methods: debit and credit card and SEPA/ Ideal. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods. You are responsible for any costs associated with money transactions.
2. In the case of credit card purchases, your card will be charged when we deliver our service or ship your order.
3. You consent to receiving invoices and credits solely in electronic form.
4. To the extent not otherwise specified in the agreement or additional terms, the amounts owed by you must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period shall commence on the day after you received the confirmation of the agreement.
5. You may never be obliged to make a prepayment of more than 50%. If a prepayment is stipulated, you cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.
6. You have a duty to report inaccuracies in the payment details provided or stated without delay to the entrepreneur.
7. If you do not meet your payment obligation(s) in due time, we shall notify him thereof and grant you an additional period of 14 days to fulfil your payment obligations. If you fail to meet your payment obligations after this additional 14-day period, the amount still owed by you will be subject to, and increased with, the statutory interest and we are entitled to charge the extrajudicial collection costs incurred by him. This collection fee is limited to (a) 15% over outstanding amounts up to € 2,500, = and; 10% over the subsequent € 2,500, = and 5% over the next €5,000, = with a minimum of € 40, =. We may deviate from these amounts and percentages to your benefit.
8. We will not complete a transaction:
a. beyond the duration expressly agreed by you;
b. if the you request that we or our agent change the payment method;
c. if you cancel in accordance with the agreed cancellation policy;
d. if we receive a decline response.
9. If the payment is in instalments and you cancel within the terms of our cancellation policy, we or our agent will provide to you both of the following within 3 business days: (a) cancellation or refund confirmation in writing; and (b) credit transaction receipt for the amount specified in the cancellation policy.
Article 8. Cooling – off period
For services and digital content not supplied on a tangible medium:
1. You may dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium for a period of at least 14 days without giving any reason. We may ask you for the reason for revocation, but we may not oblige you to provide such your reason.
2. The cooling-off period referred to in paragraph 1 shall commence on the day following the day at which the agreement is concluded.
3. You may dissolve an agreement regarding the purchase of a product during a cooling – off period of at least 14 days without giving any reason. We may ask you for the reason for revocation, but you are not obliged to provide such his reason.
4. The cooling-off period referred to in paragraph 1 shall commence on the day you, or a third party designated by you – who is not the carrier – has received the product, or:
a. If you have ordered several products in the same order: the day on which you, or a third party designated by you, received the last product. We may, provided we have clearly informed you hereof prior to making the order, refuse an order of multiple products with a different delivery time;
b. If the delivery of a product consists of several consignments or parts: the day on which you, or a third party designated by him, have received the last consignment or the last part;
c. In the agreement regards the regular delivery of products during a certain period: the day on which you, or a third party designated by him, have received the first product.
Extended reflection period for products, services and digital content not supplied on a tangible medium when not informing about right of withdrawal:
5. If we have not provided you with the legally required information on the right of withdrawal or the model withdrawal form, the cooling – off period expires 12 months after the end of the cooling – off period referred to in the above paragraphs.
6. If we have provided you with the information referred to in the preceding paragraph within 12 months of the commencement date of the original cooling – off period, the cooling – off period shall expire 14 days after the day on which you have received the information from the entrepreneur.
Article 9. Your obligations during the cooling-off period
1. During the cooling-off period, you will handle the product and the packaging carefully. You shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that you can only handle and inspect the product as if you would do in a shop.
2. You are only liable for depreciation of the product resulting from a way of dealing with the product that goes beyond what is permitted in paragraph 1.
3. You are not liable for depreciation of the product if we have not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 10. Exercise of the right of withdrawal and costs
1. If you make use of your right of withdrawal, you have to report this within the cooling-off period by means of the model form for revocation or otherwise unequivocally to us.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you shall return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if we have offered to pick up the product. You have, in any case, complied with the return period if you send the product back before the cooling-off period has expired.
You shall return the product, with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
You bear the direct costs of returning the product. If we have not reported that you have to bear these costs or if we indicate that we will bear the costs, you do not have to bear the costs for return.
If you withdraw after first expressly requesting that the provision of the service or the supply of gas, water or electricity not ready for sale is made in a limited volume or quantity during the cooling – off, you owe us an amount proportional to that part of our obligation that we have fulfilled at the time of the withdrawal.
You shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. You have not expressly agreed to the actual commencement of the agreement before the end of the cooling-off period;
b. You have not acknowledged that you are aware that you lose your right of withdrawal when granting your consent for the agreement; or
c. We have failed to confirm your above acknowledgement.
If you make use of his right of withdrawal, all supplementary agreements are automatically dissolved.
Article 11. Our obligations in case of withdrawal
If we enable you to make the notification of withdrawal in an electronic manner, we send a confirmation to you of the receipt of this notification without delay after receipt.
We reimburse all payments made by you to us, including any delivery costs charged by us for the returned product, without delay but within 14 days following the day on which you notify us of the withdrawal. Unless we offer to collect the product ourselves, we may wait to repay until we have received the product or until you demonstrate that you have returned the product, whichever is earlier.
We use the same means of payment used for the reimbursement that you have used for your payment, unless you agree to another method. The reimbursement is free of charge for you.
If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to repay the additional costs for the more expensive method.
Article 12. Exclusion of the right of withdrawal
1. We can exclude the following products and services from the right of withdrawal, but only if we have clearly stated this in the offer or at least timely before the conclusion of the agreement:
a. Products or services the price of which is subject to fluctuations in the financial markets on which the entrepreneur has no influence and which may occur within the withdrawal period;
b. Agreements concluded during a public auction. A public auction means a selling method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
c. Agreements for the provision of services after full provision of the service, but only if:
a. The provision of the service has commenced with the explicit prior consent of the consumer; and
b. The consumer has stated that he loses his right of withdrawal once the entrepreneur has fully provided the agreed service;
d. Package trips as referred to in article 7:500 of the Dutch Civil Code and agreements for transportation of passengers;
e. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
f. Agreements relating to leisure activities, if a specific date or period of implementation is provided for in the agreement;
g. Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
h. Products that spoil quickly or have a limited shelf life;
i. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing has been broken after delivery;
j. Products which, by their nature, are irrevocably mixed with other products after delivery;
k. Alcoholic beverages, the price of which is agreed upon when the agreement is concluded, but the delivery of which can only take place after 30 days, the actual value of which depends on fluctuations in the market on which the trader has no influence;
l. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
m. Newspapers, periodicals or magazines, except for subscriptions thereto;
n. The supply of digital content other than on a tangible medium, but only if:
a. The provision has commenced with the explicit prior consent of the consumer; and
b. The consumer has stated that he will lose his right of withdrawal.
Article 13. Returns
1. Without prejudice to your right to withdraw in the cooling – off period, we offer you the option of returning items ordered from us within 14 days of you receiving them.
2. If you are returning products, you can use the return shipping label enclosed with your order, or you can print the label out yourself from your customer account page. Please contact our Customer Care if you have any problems downloading the return shipping label or you do not have access to a printer.
3. Your returned items will be deemed returned within 14 days if you send it within such time.
4. Your exercise of this return option is limited to unused products. All returned products must be returned in their original condition, intact and undamaged, and in its original packaging. Until the period for exercising the statutory right to cancel expires, the statutory provisions governing returns shall apply exclusively.
5. We do not offer exchanges for returned products. If you wish to purchase a new item, please place a new order.
Article 14. Refund
1. We will pay any refunds within 14 days after you have returned products in accordance with the return policy of clause 13 or have cancelled the agreement in accordance with article 18.
2. We pay any refunds automatically to the account you used for your payment. If you paid by credit card, the refund will be sent to your credit card account. If you used a gift voucher for your purchase, we will credit the relevant amount to your gift voucher account. We will not provide a refund by cash or check.
Article 15. Price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, excluding price changes due to changes in VAT rates.
2. By way of derogation from the preceding paragraph, we may offer products or services with variable prices if the prices are subject to fluctuations in the financial markets and on which fluctuations we have no influence. These fluctuations and the fact that any prices mentioned are indicative prices, is indicated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months onwards after the conclusion of the agreement are only allowed if we have stipulated this and:
a. These are the result of statutory regulations or provisions; or
b. The consumer has the right to cancel the agreement per the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 16. Compliance Agreement and additional guarantee
1. We guarantee that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or governmental regulations existing on the date of the conclusion of the agreement.
2. An additional guarantee provided by us, our supplier, manufacturer or importer never limits the rights and claims that you can assert against us under the agreement if we fail to perform the agreement or part thereof.
3. An additional guarantee as referred to above means any commitment of us, our supplier, importer or producer in which it grants you certain rights or claims that go beyond what is legally required in the event the entrepreneur fails to perform the agreement or part thereof.
Article 17. Delivery and execution
1. We will observe the utmost care when accepting orders for the provision of services or products and the delivery thereof.
2. The place of delivery is the address that you have made known to us.
3. Subject to what is stated in these general terms and conditions, we will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, you will receive this notice no later than 30 days after he has placed the order. In that case, you have the right to cancel the agreement at no cost and you are entitled to a possible compensation of damages.
4. After cancellation in accordance with the preceding paragraph, we will reimburse the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with us until the moment of delivery to the consumer or a pre-designated representative and announced to the entrepreneur, unless expressly agreed otherwise.
Article 18. Duration agreements
1. You can cancel your agreement as follows: by clicking on the cancellation button on our website, by calling our customer service or by sending an e-mail to: email@example.com.
2. You may cancel an agreement which has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with the agreed cancellation rules and a notice period of not more than one month.
3. You may cancel an agreement which has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified duration, taking into account the agreed upon cancellation rules and a notice period of not more than one month.
4. With respect to the agreements referred to above, you may:
a. Cancel these at any time and may not be limited to cancellation at a specified time or period;
b. At least cancel these in the same manner in which has entered into these agreements;
c. Always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension and renewal:
5. An agreement which has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or tacitly extended or renewed for a certain duration.
6. By way of derogation from the preceding paragraph, an agreement which has been concluded for a certain period and which extends to the regular delivery of day-news and weekly magazines and periodicals may be tacitly renewed for a period of up to three months, if you are allowed to cancel this extended agreement by the end of the renewal period with a notice period of not more than one month.
7. An agreement which has been concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if you are allowed to cancel at any time with a notice period of not more than one month. The notice period shall not exceed three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly magazines and periodicals.
8. An agreement with limited duration for a trial or introduction for the regular delivery of daily, news and weekly magazines and periodicals (trial or introductory subscription), may not be tacitly continued and ends automatically after the end of the trial or introductory period.
9. If an agreement has a duration of more than one year, you may, after one year, cancel the agreement at any time with a notice period of not more than one month, unless this would not be reasonable and fair.
Article 19. Complaints procedure
1. We have a sufficiently publicized complaints procedure and we treat complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and with a clear description of the complaint to us within a reasonable time after you have found the defects.
3. Complaints filed with us are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will reply within the period of 14 days with a message of receipt and an indication when you can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the submission of the complaint, a dispute which is susceptible to the dispute settlement arises.
Article 20. Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
2. Legal proceedings in connection with this agreement shall exclusively be brought before the competent court in Amsterdam, The Netherlands.
Article 21. Additional or derogatory provisions
1. Any provisions derogating from these general terms and conditions may not be to your detriment and must be recorded in writing or in such a way that they can be accessed and stored on a durable data carrier by you.