Article 1. Definitions and applicability
- 1.1 On all offers, orders and agreements of Okimono BV, these Terms of Service apply. Unless Okimono is writing agrees with other conditions. From any deviations agreed, the customer cannot derive rights for future transactions. 1.2 The acceptance of an offer or the placing of an order implies that the applicability of these conditions is accepted. 1.3 Exceptions from these conditions can only be made in writing to Okimono, in which case the other provisions shall remain in force.
Article 2. Offers / agreements
- 2.1 Offers from Okimono are non-binding. Okimono reserves the right to change prices, especially when necessary on the basis of (legal) requirements.
- 2.2 An agreement is only complete after acceptance of the order by Okimono. Okimono is entitled to refuse orders or certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Okimono will inform the customer within 2 business days after receipt of the order.
Article 3. Prices and Payment
- 3.1 The listed prices for the products and services are in EURO and including VAT.
- 3.2 For shipping including insurance within the Netherlands € 6.95 is charged. For customers from countries other than the Netherlands the shipping costs depend on the destination country.
- 3.3 Following an order the customer will receive a confirmation via e-mail with the total cost, including the applicable shipping costs. Payment can be done online through PayPal or iDEAL.
Article 4. Delivery and shipping
- 4.1 We ship all orders within 2-4 business day after receipt of payment. Shipping is done by PostNL (Dutch Royal Mail) to the address indicated on your order confirmation. Should we not be able to ship the next business day, the client will be informed through e-mail. An order will, however, in principle, always be sent within 4 working days after receipt of the payment. We ship the order noted and insured.
- 4.2 A delay in delivery does not entitle the customer to compensation of any damages, or annulment of the contract or non-fulfilment of any obligation imposed on him from this or any other related agreement.
- 4.3 The product should reach the customer within 30 days after shipping. If this does not happen, the customer can immediately undo the sale. This does not apply when parties have agreed another delivery term.
- 4.4 Shipping of an order in parts is permitted.
- 4.5 We do our utmost to maintain the website as up to date as possible. We however cannot avoid that unexpectedly a product is sold out. In this case we will contact you within one working day.
Article 5. Complaints and returns
- 5.1 We do our very best to deliver a perfect product. Should the article nevertheless not meet your expectations, you can submit a return within 30 days after receipt of the order, on our website.
- 5.2 We will solve any problems as soon as possible (normally within three working days). If the solution does not meet your expectations you can cancel the order, without additional costs. The amount already paid will be refunded within 8 working days after the article is received back by us. Refunds will be done via PayPal or direct onto your bank account depending on the way you paid originally. This warranty is not applicable when: A. the product has been worn and / or washed or otherwise cleaned, B. you have tried to repair the defect, C. the instructions on cleaning or use have not been followed.
- 5.3 If you for whatever reason do not wish to keep the product, you have the right to return the product within 30 days after shipping, to Okimono. Returns are only accepted if the product is not worn and / or washed. The return is to be reported to Okimono prior to shipping. You can do so by filling in our return document. The address to be used can be found on our website and is also enclosed in every shipment you receive, together with clear and detailed return instructions. The cost of return shipping are for the client’s account. Okimono will, within 3 business days after receipt of the product in good condition, refund the amount paid directly to your bank account (if you paid by “iDEAL” or bank transfer) or to your credit card company. In both cases after retention of the charged original shipping costs (€ 6.95 or the international shipping fee paid).
Article 6. Liability
- 6.1 Any liability of Okimono, its staff and the products of Okimono for all damages of any kind, directly or indirectly, including loss of profits, consequential damage to movable or immovable property or to any person, is specifically excluded. Okimono cannot be held liable for damage caused by the implementation of the agreement by third parties.
- 6.2 Okimono assumes no liability for any damage arising from the use of the products of Okimono.
- 6.3 Any liability of Okimono towards buyer cannot in any case exceed the invoiced amount that the buyer under the agreement relating to Okimono is due.
- 6.4 For misunderstandings, mutilations, delays or not properly conveyed orders and notices as a result of the use of the Internet or any other means of communication in the communication between client and Okimono, or between Okimono and third parties, as it relates to the relationship between you and Okimono, Okimono is not liable, unless and where there might be proof of intent or gross negligence of Okimono.
Article 7. Force majeure
- 7.1 Okimono has, in case of a force majeure, the right, at its opinion, to suspend or terminate the contract without judicial intervention. Okimono will inform the client in writing. In this case Okimono is not obliged to any compensation, unless standards of reasonableness and fairness determine otherwise.
- 7.2 Force majeure means any deficiency that cannot be blamed on Okimono, because it is not due to its fault. Neither under Dutch law, nor based on generally accepted practice.
Article 8 Privacy
All personal data disclosed to Okimono will only be used for the handling of the order and will never be made available to third parties. Okimono does not receive or store any credit card information on its computers and websites.
Article 9. Various
- 9.1 If you provide Okimono in writing with an address, Okimono is entitled to use that address for shipping of orders, unless and until you inform Okimono in writing of another address to which your orders should be sent.
- 9.2 When Okimono, over a shorter or longer period of time, whether or not implied, applies the conditions less strict, this does not exclude stricter compliance with these conditions on a later date.
- 9.3 If one or more of the articles of these conditions or any other agreement with Okimono is contrary to any applicable legal provision, the article is skipped and will be replaced by Okimono by a new legally permissible comparable provision
- 9.4 Okimono is entitled to use third parties in processing your order(s).
Article 10 Applicable law and jurisdiction
- 10.1 On all rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, only Dutch law applies.
- 10.2 All disputes between parties will only be submitted to the competent court in the Netherlands.