Terms and Conditions
Oemaayah.com
Definitions
- OEMAAYAH, established in Eindhoven under KvK no. 92859836.
- Customer: the person with whom OEMAAYAH has entered into an agreement.
- Parties: OEMAAYAH and customer together.
- Consumer: a customer who is also an individual acting as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of OEMAAYAH.
- Parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
Prices
- All prices quoted by OEMAAYAH are in Euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
- All prices on any of OEMAAYAH’s products or services, on its website or otherwise disclosed, may be changed by OEMAAYAH at any time.
- Increases in cost prices of products or parts thereof, which OEMAAYAH could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
- The consumer has the right to rescind an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples/models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of late payment
- If the customer is in default, he shall also owe OEMAAYAH extrajudicial collection costs and any damages.
- Collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
- If the client fails to pay on time, OEMAAYAH may suspend its obligations until the client has fulfilled his payment obligation.
- In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the client, OEMAAYAH’s claims on the client shall become immediately due and payable.
- If the customer refuses to cooperate in the performance of the agreement by OEMAAYAH, he shall still be obliged to pay the agreed price to OEMAAYAH.
Right of Claim
- Once the customer is in default, OEMAAYAH shall be entitled to invoke the right of claim in respect of the unpaid products delivered to the customer.
- OEMAAYAH shall invoke the right of claim by means of a written or electronic communication.
- As soon as the customer has been notified of the invoked right of complaint, the customer shall immediately return the products to which this right relates to OEMAAYAH, unless parties agree otherwise.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of within 14 days of receipt without giving any reason provided that:
- the product has not been used
- it is not a product that spoils quickly, such as food or flowers
- it is not a product that has been customized or adapted especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, if it involves data carriers with digital content (DVDs, CDs, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- the product is not an individual magazine or newspaper
- The product is not an emergency repair or order.
- the consumer has not waived his right of withdrawal.
- The withdrawal period of 14 days as mentioned in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product of a subscription
- as soon as the consumer has received a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the Internet
- The consumer is obliged to return the product to OEMAAYAH within 14 days of receipt, failing which his right of withdrawal lapses.
- The moment within 14 days is from the date of delivery of your order. The withdrawal period expires 14 days after receipt. The day on which you took physical possession of the product.
- You will be responsible for the cost of return.
Right of Suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention
- OEMAAYAH may invoke its right of lien and in that event hold products of the customer until the customer has settled all outstanding accounts with OEMAAYAH, unless the customer has provided adequate security for those costs.
- The lien also applies pursuant to prior agreements under which the customer still owes payments to OEMAAYAH.
- OEMAAYAH shall never be liable for any damages the client may suffer as a result of the exercise of its lien.
Offset
Unless the customer is a consumer, the customer waives its right to set off any debt owed to OEMAAYAH against any claim against OEMAAYAH.
Retention of title
- OEMAAYAH shall retain ownership of all products delivered until the customer has fully satisfied all its payment obligations to OEMAAYAH under any agreement entered into with OEMAAYAH, including claims for default.
- Until such time OEMAAYAH may invoke its retention of title and repossess the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If OEMAAYAH invokes its retention of title, the contract shall be deemed terminated and OEMAAYAH shall be entitled to claim damages, lost profits and compensation.
Delivery
- Delivery takes place while supplies last.
- Delivery takes place at OEMAAYAH, unless parties have agreed otherwise.
- Delivery of products ordered online takes place at the address specified by the customer.
- If agreed amounts are not paid or not paid in time, OEMAAYAH shall be entitled to suspend its obligations until the agreed part has been paid.
- Late payment shall constitute creditor default, with the result that the customer shall not be able to hold a late delivery against OEMAAYAH.
Delivery time
- The delivery times stated by OEMAAYAH are indicative and if exceeded shall not entitle the client to rescission or damages, unless parties have expressly agreed otherwise in writing.
- The delivery period starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from OEMAAYAH.
- Failure to meet the stated delivery time shall not entitle the client to compensation or to rescind the agreement, unless OEMAAYAH is unable to deliver within 14 days after having received a written reminder to do so or parties have agreed otherwise in this regard.
Actual delivery
The customer shall ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.
Packaging and shipment
- If the packaging of a delivered product has been opened or damaged, the customer shall, prior to receiving the product, have the forwarding agent or delivery person make a note thereof, failing which OEMAAYAH cannot be held liable for any damage.
- If the product is transported by the customer, the customer shall report any visible damage to the product or packaging to OEMAAYAH prior to transport, failing which OEMAAYAH shall not be held liable for any damage.
Retention
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the customer.
Warranty
- The warranty on products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Exchanges
- Exchanges are only possible if the following conditions are met:
- exchange takes place within 14 days after purchase upon presentation of the original invoice
- The product is returned in its original packaging or with the original price tags still attached.
- The product has not yet been used
- Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer and cannot be exchanged.
Indemnification
The customer indemnifies OEMAAYAH against all third party claims related to the products and/or services provided by OEMAAYAH.
Complaints
- Customer shall examine a product delivered or service rendered by OEMAAYAH for any defects as soon as possible.
- If a delivered product or rendered service does not meet what the client could reasonably expect from the agreement, the client shall notify OEMAAYAH thereof as soon as possible, but in any event within 7 days after discovery of the deficiencies.
- Consumers shall notify OEMAAYAH of the discovery of one or more shortcomings no later than 24 hours after receipt of the order.
- The customer shall provide as detailed a description of the shortcoming as possible, so that OEMAAYAH is able to respond adequately.
- The client shall demonstrate that the complaint relates to an agreement between parties.
- If a complaint relates to work in progress, this shall in any event not result in OEMAAYAH being held to perform work other than that agreed upon.
Notice of default
- The client shall give written notice of default to OEMAAYAH.
- It is the client’s responsibility to ensure that any notice of default actually reaches OEMAAYAH (in a timely manner).
Joint and several liability of client
If OEMAAYAH enters into an agreement with multiple clients, each of them shall be jointly and severally liable for the full amounts they owe to OEMAAYAH under that agreement.
Liability of OEMAAYAH.
- OEMAAYAH shall only be liable for any damage suffered by the customer if and to the extent such damage was caused by intent or willful recklessness.
- If OEMAAYAH is liable for any damage, it shall only be liable for direct damage arising out of or in connection with the performance of an agreement.
- OEMAAYAH shall never be liable for indirect damage, such as consequential damage, lost profits, lost savings or damage to third parties.
- If OEMAAYAH is liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out and in the absence of (full) payment by an insurance company of the amount of the damage, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Due date
Any right of the client to claim damages from OEMAAYAH shall in any event lapse 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of rescission
- The client shall be entitled to rescind the contract if OEMAAYAH imputably fails in the performance of its obligations, unless such failure, given its special nature or minor importance, does not justify rescission.
- If performance of the obligations by OEMAAYAH is not permanently or temporarily impossible, dissolution can only take place after OEMAAYAH is in default.
- OEMAAYAH shall be entitled to rescind the agreement with the client if the client fails to perform his obligations under the agreement in full or in a timely manner, or if OEMAAYAH has knowledge of circumstances that give it good reason to fear that the client will not be able to properly perform his obligations.
Force majeure
- In addition to the provisions of article 6:75 of the Dutch Civil Code, any failure on the part of OEMAAYAH to perform any obligation to the client cannot be attributed to OEMAAYAH in a situation independent of the will of OEMAAYAH, as a result of which the performance of its obligations to the client is rendered wholly or partly impossible or as a result of which the performance of its obligations cannot reasonably be required of OEMAAYAH.
- The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, adverse weather conditions and work stoppages.
- If a force majeure situation occurs that prevents OEMAAYAH from fulfilling 1 or more obligations to the client, those obligations will be suspended until OEMAAYAH is able to fulfill them again.
- From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.
- OEMAAYAH shall not be liable for any compensation or damages in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If after the conclusion of the agreement it appears necessary for the performance thereof to amend or supplement its contents, the parties shall in good time and in mutual consultation amend the agreement accordingly.
Modification of general terms and conditions
- OEMAAYAH shall be entitled to amend or supplement these general terms and conditions.
- Amendments of minor importance may be made at any time.
- Major substantive amendments will be discussed with the client in advance to the extent possible by OEMAAYAH.
- Consumers shall be entitled to terminate the contract in the event of a substantial amendment to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between parties cannot be transferred to third parties without the prior written consent of OEMAAYAH.
- This provision counts as a clause with effect under property law as meant in article 3:83, second paragraph, Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions should prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
- A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what OEMAAYAH had in mind when drafting the terms and conditions on that point.
Governing law and competent court
- Any agreement between parties shall be exclusively governed by Dutch law.
- The Dutch court in the district where OEMAAYAH has its registered office/practice/office is exclusively competent to take cognizance of any disputes between parties, unless otherwise required by mandatory law.
Retrieved 27-12-2021.