Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
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Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
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Day: calendar day;
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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;
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Durable medium: any device 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;
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Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
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Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
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Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the contract;
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Means of distance communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time;
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General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
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Company Name: SB ECOM
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Chamber of Commerce number: 82163650
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Trade name: SB ECOM
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VAT number: NL003650290B05
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Customer service email: support@oakmereandco.com
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Business address: Zandweg 2, Egmond aan den Hoef, 1934BJ, The Netherlands
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 stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the remaining conditions shall remain in force, and the relevant provision will be replaced in mutual consultation with a provision that approximates the original as closely as possible.
Situations not regulated by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment. If the entrepreneur uses images, they represent the products and/or services truthfully. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or the termination of the agreement.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make clear to the consumer what their rights and obligations are upon acceptance of the offer. This particularly concerns:
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the price, excluding customs clearance costs and import VAT. These additional costs are the customer's responsibility. The postal and/or courier service will apply a special arrangement for imports within the EU. This means they will collect VAT and any applicable clearance fees from the recipient;
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any shipping costs;
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how the agreement will be concluded and what steps are required;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and execution of the contract;
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the period for accepting the offer or the period within which the entrepreneur guarantees the price;
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the rate for remote communication if costs differ from the basic rate;
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whether the contract will be archived, and if so, how the consumer can consult it;
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how the consumer can check and, if necessary, correct the information provided before the contract is concluded;
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any other languages in which the contract can be concluded besides Dutch;
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the codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically;
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the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, and types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as the receipt has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the agreement 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 will take appropriate security measures.
The entrepreneur may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application or to impose special conditions.
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 accessibly on a durable medium:
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the visiting address of the entrepreneur’s establishment where the consumer can file complaints;
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the conditions under which and how the consumer can exercise the right of withdrawal or a clear statement about the exclusion of the right of withdrawal;
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information about existing after-sales service and warranties;
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the information included in Article 4, paragraph 3, unless the entrepreneur has already provided this information before the execution of the contract;
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the conditions for termination of the contract if the contract has a duration of more than one year or is indefinite.
For long-term transactions, the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer or a third party designated by the consumer receives 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 determine whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all accessories and—if reasonably possible—in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This must be done in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The burden of proof for timely return rests with the consumer.
If the consumer does not notify the entrepreneur within the periods mentioned in paragraphs 2 and 3 or does not return the product, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or proof of return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products and services described in paragraphs 2 and 3, provided this was clearly stated in the offer or before concluding the agreement.
Exclusion is only possible for products:
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made to the consumer’s specifications;
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clearly personal in nature;
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that cannot be returned due to their nature;
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that perish quickly or become obsolete;
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whose price depends on financial market fluctuations;
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for newspapers and magazines;
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for audio/video recordings or software with broken seals;
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for hygiene products with broken seals.
Exclusion is only possible for services:
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related to accommodation, transport, catering, or leisure on a specific date;
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whose delivery began with explicit consent before the withdrawal period ended;
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related to bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices will not be increased except for changes due to VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services subject to financial market fluctuations with variable prices. This will be stated in the offer.
Price increases within 3 months after the agreement are only allowed if resulting from legal regulations.
Price increases after 3 months are allowed only if stipulated and the consumer may cancel the agreement from the effective date of the increase.
Delivery occurs outside the EU; therefore, no VAT is charged. The courier will collect import VAT and clearance fees from the recipient.
All prices are subject to typographical and printing errors. No liability is accepted for such errors. The entrepreneur is not obliged to deliver a product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and services comply with the agreement, the description, reasonable usability and reliability standards, and relevant legal provisions at the time of agreement.
Any warranty provided does not affect the consumer’s legal rights.
Defects or incorrectly delivered items must be reported in writing within 14 days. Returns must be in original packaging and unused.
Warranty matches the manufacturer’s warranty. The entrepreneur is not responsible for suitability for individual use or for use recommendations.
Warranty does not apply if:
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the consumer repairs or alters the products;
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products are treated improperly or against packaging instructions;
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defects result from legal regulations about materials used.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and services comply with the agreement, the description, reasonable usability and reliability standards, and relevant legal provisions at the time of agreement.
Any warranty provided does not affect the consumer’s legal rights.
Defects or incorrectly delivered items must be reported in writing within 14 days. Returns must be in original packaging and unused.
Warranty matches the manufacturer’s warranty. The entrepreneur is not responsible for suitability for individual use or for use recommendations.
Warranty does not apply if:
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the consumer repairs or alters the products;
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products are treated improperly or against packaging instructions;
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defects result from legal regulations about materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing product orders.
The delivery address is the address given by the consumer.
Accepted orders are executed promptly, but no later than 30 days, unless otherwise agreed. If delayed, the consumer will be notified within 30 days and may cancel the agreement free of charge.
If canceled, the entrepreneur refunds the consumer within 14 days.
If delivery is impossible, a replacement may be offered. This will be communicated clearly. Right of withdrawal still applies. Return costs in such cases are borne by the entrepreneur.
The risk of damage or loss lies with the entrepreneur until delivery to the consumer or an appointed third party.
Article 12 – Long-Term Contracts: Duration, Termination, and Renewal
Termination:
The consumer may terminate a long-term contract for indefinite delivery of goods or services at any time with a notice period of no more than one month.
A fixed-term contract may be terminated at the end of its term with a notice period of no more than one month.
The consumer may always terminate:
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at any time;
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in the same way it was entered into;
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with the same notice period as the entrepreneur.
Renewal:
A fixed-term contract cannot be renewed tacitly for another fixed period.
However, newspaper/magazine subscriptions may be renewed for up to three months with one month’s notice.
Indefinite renewals are allowed if the consumer can terminate at any time with one month’s notice (or three months for less frequent deliveries).
Trial subscriptions end automatically and are not renewed.
Duration:
If a contract lasts more than one year, the consumer may terminate it after one year with no more than one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 working days after the reflection period begins (or after agreement confirmation for services).
Consumers must promptly report errors in payment data.
In case of non-payment, the entrepreneur may charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints
Complaints must be submitted clearly and completely within 7 days of identifying the issue.
Complaints will be answered within 14 days. If more time is needed, the consumer will receive an acknowledgment and timeframe.
If the complaint cannot be resolved, it becomes a dispute subject to resolution.
Filing a complaint does not suspend the entrepreneur’s obligations unless agreed otherwise.
If a complaint is valid, the entrepreneur may repair or replace the product free of charge.
Article 15 – Disputes
All contracts between the entrepreneur and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the 2024 amendments in the VAT Act 1968 implementing the EU Directive on Payment Service Providers and the CESOP system (Central Electronic System of Payment Information), payment providers may be required to register transaction data in the EU’s CESOP database.