Terms of service

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period during which the consumer may 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 agreement with the entrepreneur;

Day: calendar day;

Continuing transaction: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation 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 unchanged reproduction of the stored information.

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

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

Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the agreement;

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.

Terms and Conditions: these Terms and Conditions of the Entrepreneur.

Article 2 - Identity

Registration: Akash Dewnarain
Chamber of Commerce number: 42063371
Email address: support@olivea-washington.com

Article 3 - Applicability

These Terms and Conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is reasonably not possible, before the distance agreement is concluded, it will be indicated that the Terms and Conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these 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 reasonably not possible, before the distance agreement is concluded, it will be indicated where the Terms and Conditions can be accessed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.

In the event that, in addition to these Terms and Conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions shall otherwise remain in force, and the provision in question shall be replaced immediately by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.

Situations that are not covered by these Terms and Conditions must be assessed "in the spirit" of these Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted "in the spirit" of these Terms and Conditions.

Article 4 - The Offer

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication technique used;
  • whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
  • the manner in which the consumer can check the data provided by them in connection with the agreement before concluding the agreement and, if desired, correct it;
  • all other languages in which the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the case of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, determine whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the address of the entrepreneur's business location where the consumer can submit complaints;
  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about warranties and existing after-sales service;
  4. the information included in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing agreement, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days after receipt, provided that the products are in their original condition with the labels unsealed. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

If they exercise their right of withdrawal, they shall return the product to the entrepreneur in its original packaging with the labels unsealed, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur by means of a written message/email. After the consumer has notified the entrepreneur 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 providing proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or if the product has not been returned to the entrepreneur, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

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. The condition is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 1 through 8. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

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

  1. that have been created by the entrepreneur according to the consumer's specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that deteriorate or age rapidly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer;
  8. for hygiene products.

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

  1. relating to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  2. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
  3. relating to betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will 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, with variable prices. This connection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

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

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

  1. they result from statutory regulations or provisions, or
  2. the consumer is entitled to terminate the agreement as of the day on which the price increase takes effect.

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

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

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date the agreement was concluded. If agreed upon, 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 statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application 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 have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
  • The inadequacy is wholly or partially the result of government regulations that have been or will be imposed regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The company shall exercise the utmost possible care when receiving and fulfilling orders for products.

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

Subject to what is stated about this in Article 4 of these Terms and Conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be 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 by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

Unless another date has been agreed upon, the amounts owed by the consumer must be paid within 7 business days after the cooling-off period begins, as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.

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

Article 13 - Complaints

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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 states otherwise in writing.

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

Article 14 – Governing Law and Disputes

These Terms and Conditions and any agreements between the entrepreneur and the consumer shall be governed by the laws of the Netherlands.

This choice of law shall not deprive consumers of any mandatory rights or protections granted to them under the laws that would otherwise apply in their country or state of residence.

Any disputes arising out of or relating to these Terms and Conditions shall be submitted to a competent court, without prejudice to any mandatory rights the consumer may have to bring proceedings in another competent jurisdiction.