TERMS & CONDITIONS
Consumer: ( or “you”) the natural person whose action is not within the course of a profession or business and who enters into an distance contract with a trader, that is O My Bag;
O My Bag: O My Bag (KVK-nr: 51035065) web site (“the Site,” “we,” “us,” or “our”). O My Bag provides this site as a service to its customers.
Website: the set of webpages, software, services and such connected to the domain name omybag.nl and/or omybagamsterdan.com and the subdomains and all via the website of O My Bag accessible services.
Webshop: The webshop of O My Bag on the Website.
Product(s) : The goods that O My Bag sells and supplies.
(General) Terms and Conditions : These terms and conditions.
These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.omybag.nl or www.omybagamsterdam.com. Please take some time to review these Terms & Conditions. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
These General Terms and Conditions are only available in the English language.
CONCLUSION AND CONTENT OF THE AGREEMENT
An Agreement will be concluded by the consumer and O My Bag exclusively by means of O My Bag’s acceptance of an Order (the offer) from the consumer that has been placed on or via the Website by (1) selecting a product; (2) filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired; (3) the consumer has checked the order; (4) the consumer has made a payment. (4) O My Bag will send the consumer a confirmation, by e-mail, as soon as possible after the order has been placed.
O My Bag reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from O My Bag, for any reason whatsoever. O My Bag reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, O My Bag shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, O My Bag shall credit your account in the amount of the incorrect price.
O My Bag will keep the agreement on file and retain it for a certain term (having a minimum of seven years). The consumer may also request a copy of the agreement from O My Bag – as long as O My Bag has it on file – by contacting the O My Bag via firstname.lastname@example.org.
DELIVERY METHOD AND DELIVERY DATES
Shipment will be made using a carrier designated by O My Bag.
After the agreement has been concluded O My Bag will send the products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the consumer, provided that O My Bag has received the full purchase price.
The Product(s) will be delivered based on the information as mentioned in the confirmation mail or order confirmation. You warrant that this information, for example your name and address, are correct. In case of any change in this information you shall notify O My Bag in writing as soon as possible at email@example.com. If you do not take up the Product(s) (on time), irrespective of the reason, the costs made by O My Bag therefor, including any costs of transportation, storage and safekeeping may be transferred to the consumer.
O My Bag will make delivery in accordance with agreed delivery dates to every extent possible; however, the consumer acknowledges that the delivery dates are based on the circumstances of which O My Bag is aware at the time at which the agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to O My Bag.
The goods will be imported on behalf of the consumer. The consumer authorized O My Bag to import the goods on his/her behalf. Further, the consumer agrees that O My Bag may delegate the obligation to import the goods on his/her behalf to a subcontractor (e.g. customs broker). The consumer will pay the taxes & duties in addition with the purchase price of the goods.
The risk with respect to any damage to or loss of the products will be transferred to the consumer as from the time at which the products are delivered.
PRICE AND PAYMENT
The prices indicated on the Website are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs and taxes/duties. The return shipping costs will be payed by the consumer. The total purchase price due will be indicated when the order is placed and when the agreement is confirmed.
If you are in possession of a valid discount code, you can enter de code in the provided box on the order form. The discount applies to the Product(s) and not the delivery charge. O My Bag reserves the right to correct the mentioned prices on the Website, Webshop and/or in the confirmation mail, in case of errors (including printing and typing errors) or the correction of omissions.
O My Bag will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the order is placed will be deemed to be the prices that form part of the agreement.
Payment may be made using the methods indicated on the Website.
RIGHT TO RETURN
The consumer will be entitled to return the product that has been delivered, within a term of 14 days after the product has been received, without stating his/her reason for doing so, in the manner indicated by O My Bag on the invoice and on the website, provided that the product has not been worn/used, is undamaged and (insofar as possible) is in the original and undamaged packaging. The consumer will not be permitted to exchange the product for another product. If the consumer wishes to purchase another product he/she will have to place a new order on the Website.
In the case referred to in the preceding subsection, O My Bag will refund the purchase price of the product as quickly as possible to the account used to purchase the order, but in any event within 14 days after O My Bag received the returned product, this is without shipping cost.
O My Bag is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede O My Bag from complying with its obligations, and that cannot be attributed to O My Bag because they cannot be blamed on O My Bag, and cannot be deemed to be for the O My Bag’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by O My Bag, a failure on the part of O My Bag’s suppliers to supply goods or a failure on the part of O My Bag’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of O My Bag or third parties that it engages.
If as a result of a situation involving force majeure O My Bag fails to comply with its obligations under the agreement or fails to do so in a timely manner, O My Bag will be entitled to perform the agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the agreement in whole or in part, without O My Bag being obliged to pay the consumer any compensation in that respect.
The contact details of O My Bag to handle complaints can be found by clicking on the ‘Contact Us’ button on the Website.
The consumer will be obliged to inspect the product when it has been delivered and to notify O My Bag within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
O My Bag will respond to any complaints that it receives within a term of 14 days after receipt. O My Bag will notify the consumer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the consumer can expect to receive an answer.
The consumer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain products from the Website, are not well founded. O My Bag will not be liable for any damage that the consumer sustains as a result of such deviations or the removal of such products from the Website.
The consumer acknowledges that leather is a product that softens with use. Also coloring may fade over time and scratchers are part of or can appear on the product.
The consumer acknowledges that canvas coloring can fade with use and time.
In the event that any provision contained in these General Terms and Conditions is invalid: the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
O My Bag will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The consumer must always consult these General Terms and Conditions before using the Website. If the consumer is unable to consult the General Terms and Conditions via the Internet O My Bag will send the consumer a copy of the most recent version of the General Terms and Conditions by e-mail.
Information/Content: The information, recommendations and/or services made available to you on or via the Webshop and Website.
Materials: Ideas and/or materials, including, but not limited to: texts, images, sounds, software or information.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names and any other materials provided on the Services are owned by O My Bag and/or third parties. This content may contain omissions, errors, or may be out of date.
O My Bag makes all efforts to accurately display the Products, including the colors; however, it is possible that the actual color may be other than as displayed on computer monitors, which can distort color. Additionally, O My Bag products are made with (eco) leather and will also display some minor variations in color and texture, characteristic of eco-leather. We consider these variations evidence of the natural materials and processes used in the manufacturing of O My Bags, and likewise consider the variations to mark each bag as a unique piece.
O My Bag reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on O My Bag in any way except to the extent that it is specifically indicated to be so.
THIRD PARTY (WEBSITE)
O MY BAG IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, O MY BAG MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.
LIMITATION OF LIABILITY
O MY BAG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF EVERLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).