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Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Reflection period: the period in which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day ;
4. Return/Right of withdrawal: the option for the consumer to cancel the agreement within the reflection period;
5. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
6. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
E-mail address: firstname.lastname@example.org
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
2. The general terms and conditions that apply are at all times on the ONIOMANIA website. By placing an order, the consumer accepts the applicability of these General Terms and Conditions.
3. ONIOMANIA reserves the right to amend or supplement these General Terms and Conditions from time to time.
Article 4 – The offer
1. Oniomania mostly sells used items (vintage), possible traces of wear cannot be ruled out. This belongs to the product. Without requesting further information, you agree with the condition of the article.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colours of the products. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
a. the price excluding taxes; for second-hand, margin goods, no VAT is charged;
b. the possible costs of shipping;
c. the way in which the agreement will be concluded and which actions are required for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery and implementation of the agreement;
f. the term for accepting the offer, or the term within which the entrepreneur guarantees the price.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. The entrepreneur can – within legal frameworks – inform herself whether the consumer can meet her payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
Article 6 – Return / Right of withdrawal
When delivering products via the webshop:
1. If desired, an item can be returned at the expense of the customer. This must be reported within 14 days upon receipt by e-mail to info [@] oniomania.nl with subject ‘Return’. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. The purchase amount will be charged after the process of article 6.1. expired successfully, returned. The entrepreneur will repay this amount as soon as possible, but no later than 30 days after withdrawal. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all 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.
4. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
5. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of return / right of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be on his behalf.
2. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
Article 8 – Exclusion of return / right of withdrawal
1. The entrepreneur can 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 has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
Article 9 – The price
1. All prices quoted by ONIOMANIA are expressed in Euros. All prices exclude shipping costs.
2. The items offered are margin items (not VAT items) and are subject to the margin scheme. For margin items, no VAT is stated on the invoice. VAT is therefore not deductible.
3. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
4. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
Article 10 – Payment
1. The product is only sold when the consumer has paid the amount due.
2. Payments on the website can only be made via iDeal.
Article 11 – Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. We only sell original vintage (second-hand) items. Considering the age of these items, there may be traces of wear.
2. Given the age of the electronic devices, they are sold as a collector’s item and not as a device for daily intensive use.
3. We sell our lamps and electronic devices in their original condition, so usually also with the original wiring that does not always comply with the current rules. We recommend that you consult a licensed electrician before use.
4. 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.
Article 12 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 – Complaints procedure
1. In case of complaints, a consumer must first turn to the entrepreneur.
2. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
3. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 14 – Deputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 15 – Intellectual property
1. The customer explicitly acknowledges that all intellectual property rights of displayed information, images/photos, communications or other expressions with regard to the products and/or with regard to the internet site or promotion thereof rest with ONIOMANIA or other entitled parties. Photos, images of ONIOMANIA may not be used without permission.
Last update: 19 January, 2021.