These terms and conditions (together with the information and policies on the ‘Customer Service’ and ‘My Account’ pages on the Website and any other documents referred to in these terms and conditions) set out the legal terms and conditions that apply to the use of our platform (both the website http://www.otrium.nl, each of its sub-domains, and any other websites operated by us or on our behalf, and any mobile app or desktop app developed by us or on our behalf, together the 'Websites', and each a 'Website') and the other services we offer. Before you place an order, please carefully review these terms and conditions and our privacy statement. By using or placing an order on our Website, you agree to be bound by these terms and conditions and our privacy statement.
Index:
Article 1 – Definitions
Article 2 – Identity of Otrium and contact options
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – The Withdrawal right
Article 7 – Consumer’s obligations during the Cooling-off period
Article 8 – Exercising the Withdrawal right and costs thereof
Article 9 – Otrium’s obligations in case of withdrawal
Article 10 – The Purchase and the prices
Article 11 – Fulfillment of Agreement and additional warranty
Article 12 – Contract fulfillment and extra guarantee
Article 13 – Payment
Article 14 – Privacy policy
Article 15 – Complaint procedure
Article 16 – Disputes
Article 17 – Branche guarantee
Article 18 – Additional or divergent provisions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: a period of 60 days within which you may exercise the Withdrawal right;
Consumer: the natural person who purchases goods and/or uses services provided by Otrium (not for use in the course of a trade, profession, or business). ~Where these general terms and conditions refer to “you” or “your”, this means you, the consumer;
Day: calendar day;
Withdrawal right: the right of a consumer to back out of a purchase within the Cooling-off period;
Otrium: Otrium B.V. or any of its affiliates, which entity offers products and/or services to consumers through the Website. Where these general terms and conditions refer to "we", "us" or "our", this means Otrium;
Agreement: the agreement entered into between you and Otrium in connection with the sale of products and/or services by Otrium to you through the Website, as well as these general terms and conditions, the privacy statement, and any additional agreements;
Products and Services: we offer you a shop-in-shop outlet platform through the Website, where you can purchase products from a wide range of brands. In addition, Otrium provides additional services such as facilitating the delivery of the products and customer service;
Website: http://www.otrium.com, each of its sub-domains, and all other websites operated by or on behalf of Otrium, and any mobile app or desktop app developed by or on behalf of Otrium.
Article 2 – Identity of Otrium and contact options Identity
- Entrepreneur: Otrium B.V.
- Trading under the name: Otrium
Registered office: Danzigerkade 16A, 1013 AP, Amsterdam, The Netherlands - Chamber of Commerce number: 63996901
VAT number: 344917874
Contact options
- Call us: +31 (0) 20 221 7184
- Email us: [email protected]
- Write to us: Danzigerkade 16A, 1013 AP, Amsterdam, Netherlands
Reachability
- Phone: Monday to Friday from 10 am to 7 pm (GMT)
- Chat: Monday to Friday from 10 am to 7 pm (GMT)
Article 3 – Applicability
- These general terms and conditions apply to any offer by Otrium and to any agreement concluded between the Consumer and Otrium.
- Prior to the conclusion of the Agreement, the text of these general terms and conditions will be made available to you electronically. These general terms and conditions are also available on the Website.
- In the event that specific product- or service-related terms and conditions apply in addition to these general terms and conditions, the second paragraph applies by analogy, and in the event of incompatible terms and conditions, you can always invoke the applicable provision that is most favorable to you
Article 4 – The offer- Otrium offers the Consumer to search through the Website and purchase products from a large number of global brands. In addition, Otrium also offers some additional services.
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer on the Website contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the Consumer. If Otrium uses images, these will provide a fair reflection of the products offered. Otrium is not bound by apparent mistakes or apparent errors in the offer.
- Each offer contains such information that it is clear to you what your rights and obligations are in relation to the acceptance of the offer.
- In order to be able to use Otrium's services or purchase products on the Website, you must be 18 years or older.
- The products sold by Otrium are provided for private use only. You agree that you will not use the products for commercial, business, or resale purposes. Otrium bears no responsibility for loss or profit from business opportunities.
Article 5 – The Agreement- The Agreement with Otrium is concluded at the time of your acceptance of the offer by placing an order on our Website.
- Otrium will confirm the receipt of the acceptance of the offer to you by e-mail as soon as possible after your order.
- Otrium takes appropriate technical and organizational measures to secure the electronic transmission of data and electronic payments and provides a secure web environment.
- Otrium will, no later than upon delivery of the product and/or service to you, send along the following information:
- The conditions under which and the way in which you may exercise the Withdrawal right, or a clear statement concerning the exclusion of the Withdrawal right;
- information on warranties and existing after-sales service;
- the price, including all taxes, of the product and/or service; where applicable, the costs of delivery; and the method of payment, delivery or performance of the contract
- a reference to the return form, which is also available on the Website.
Article 6 – The Withdrawal right- You may withdraw the Agreement with regard to the purchase of a product during a 60-day cooling-off period without giving reasons. Otrium may ask you for the reason(s) for revocation, but may not compel you to provide such reason(s). The Cooling-off period commences on the day after you, or a third party designated by you in advance, and who is not the carrier, have received the product, or:
- if you have ordered multiple products in the same order: the day on which you, or a third party designated by you, have received the last product. Otrium may, provided that it has clearly informed you prior to the ordering process, refuse an order for multiple products with a different delivery time;
- if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part.
- Your right to withdraw the Agreement applies only to products returned in the same condition as in which you received them. You must also return all instructions, documents, and packaging materials of the products. Any product that is damaged or not in the same condition as you received it, or that has been worn or used, is not eligible for reimbursement.
- If the Consumer exercises its Withdrawal Right, the Agreement (and any additional agreements) will be terminated by the operation of law.
Article 7 – Consumers’ obligations during the Cooling-off period- During the Cooling-off period, the Consumer shall treat the product and its packaging with care. The Consumer shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics, and function of the product. The point of departure here is that the Consumer may only handle and inspect the product in a way that would be allowed in a physical store.
- The Consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted pursuant to paragraph 1 of this article.
- The Consumer is not liable for the product’s depreciation if Otrium did not provide the Consumer with all legally required information about the Withdrawal right before or at the time the Agreement was concluded.
Article 8 – Exercising the Withdrawal right and costs thereof- The Consumer who wants to exercise his Withdrawal right shall report this to Otrium, within the Cooling-off period, by filling in the return form or in some other unequivocal way.
- As soon as possible, but no later than 60 days as of the day following the notification referred to in paragraph 1 of this article, the Consumer must return the product. The Consumer has in any case complied with the return period if the product is returned before the Cooling-off period has expired. Please consult the Website under the heading 'Returns & Refunds’ for more information about returns, refunds, and the returns service.
- The risk and burden of proof for the correct and timely exercise of the Withdrawal right lie with the Consumer.
- The Consumer will bear the costs of returning the product and processing thereof.
Article 9 – Otrium’s obligations in a case of withdrawal- Otrium will reimburse your entire purchase amount, including any delivery costs for the returned product. Otrium will pay you the purchase amount as soon as possible, but at the latest within 14 days after receipt of the notice of withdrawal. Otrium may wait with refunding until Otrium has received the products or until you prove by means of written proof that you have returned the product, whichever comes first.
- Otrium will use the same payment method that was initially used by you unless you agree to another method. Reimbursement is free of charge.
- If you have chosen a more expensive method of delivery than the cheapest standard delivery, Otrium does not have to reimburse you for the additional costs of the more expensive method.
Article 10 – The Purchase and the pricesThe purchase
- The steps you need to take to place an order are explained in the "How to place an order with Otrium" section on our "Ordering" page on the Website.
- Otrium may have to cancel your order (or part of your order) if the product is not available (anymore).
- The Website allows you to review your order and correct any errors before completing a purchase. Please take the time to go through and check your order on each page of the ordering process, as you are responsible for ensuring that the information you provide is correct (e.g., correct products, quantities, size, color, etc.).
The prices
- The prices mentioned in the offer of products or services include VAT.
- Although Otrium tries to ensure that all details, descriptions, and prices appearing on the Website are accurate, there may be instances where errors occur. Otrium may discover an error in the price of products you have ordered. In this case, Otrium will notify you as soon as possible and give you the opportunity to reconfirm your order at the correct price or cancel the order if desired. If Otrium has been unable to contact you, your order will be treated as canceled. If you cancel and have already paid for the products, you will receive a full refund as soon as possible.
Article 11 – Fulfillment of Agreement and additional warranty- Otrium guarantees the Consumer that the products and/or services comply with the Agreement, with the specifications referred to in the offer, with reasonable requirements of reliability and/or useability, and with law and/or government regulations applicable on the date of the conclusion of the Agreement.
- An additional guarantee provided by Otrium, its supplier, manufacturer or importer shall never limit the legal rights and claims you may exercise against Otrium on the basis of the Agreement in the event Otrium failed to fulfill its part of the Agreement.
- Additional warranty means any commitment of Otrium, its supplier, importer, or producer in which it grants you certain rights or claims beyond what it is legally obliged to do in the event it has failed to fulfill its part of the Agreement.
Article 12 – Contract fulfillment and extra guarantee- When receiving and executing orders of products and assessing applications for the provision of services, Otrium will take the greatest possible care.
- The place of delivery is the address you have made known to Otrium.
- Subject to what is stated in article 5 of these general conditions, Otrium will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be carried out, you will receive a message at the latest 30 days after the order was placed. In that case, you have the right to terminate the Agreement without penalty, and the right to compensation where applicable.
- After termination in accordance with the previous paragraph, Otrium will refund the amount paid by you without delay.
- The risk of damage and/or loss of products rests with Otrium until the time of delivery to you or a third party designated and made known to Otrium by you in advance.
Article 13 – Payment- Insofar as not otherwise provided for in the Agreement or additional conditions, the amount owed by you as a Consumer must be paid within 14 days after the start of the Cooling-off period. In the event of an agreement for the provision of a service, this period shall start the day after you have received the confirmation of the Agreement.
- The Consumer has the obligation to immediately report inaccuracies in payment information provided or stated to Otrium.
- If the Consumer fails to meet its payment obligation(s) in time, the Consumer will, after having been notified by Otrium of the late payment and having been granted a period of 14 days to yet meet its payment obligations, after failure to pay within this 14 day period, owe the statutory interest on the amount still due and Otrium will be entitled to charge the Consumer the extrajudicial collection costs incurred by Otrium. This collection costs amount to a maximum of: 15% over the outstanding amounts up to € 2.500; 10% over the next € 2.500 and 5% over the next € 5.000 with a minimum of € 40. Otrium may deviate from said amounts and percentages in the Consumer’s favor.
Article 14 – Privacy policy- Otrium will only use the Consumer’s personal data in accordance with the Privacy Statement. By using the Website, the Consumer consents to the use of data as described in our Privacy Statement and warrants that all data provided by the Consumer is accurate.
- Otrium sends commercial communications to its consumers. These may be digital newsletters, but also push messages or SMS messages. Through the Website, you can unsubscribe from our commercial communications. The messages contain offers, tips and information about our products and services. In doing so, we process the following personal data:
- Name
- Contact information (email address and phone number)
- You may unsubscribe from these communications at any time. Each newsletter contains an unsubscribe link, but you can also change your settings within your account. Otrium will retain your personal data until you unsubscribe from the commercial communications.
Article 15 – Complaint procedure- In case of any complaints, please refer to our page "How can I submit my complaint?". Here you will find the contact form in which you can submit your complaint.
- The Consumer is obliged to submit complaints about the performance of the Agreement within a reasonable time after having found the defects, fully and clearly described.
- Complaints submitted to us will in any case be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, you will be answered within the period of 14 days with a message of receipt and an indication of when you can expect a more detailed answer.
- A complaint about a product, service or service provided by Otrium may also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website (www.thuiswinkel.org) ("Thuiswinkel"). The complaint shall then be sent to both Otrium and Thuiswinkel.
- The Consumer shall in any case give Otrium 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is susceptible to the dispute resolution procedure.
Article 16 – Disputes- Agreements between the Consumer and Otrium to which these general terms and conditions apply are exclusively governed by Dutch law.
- Disputes between you and Otrium about the conclusion or execution of agreements with regard to products and services to be delivered or delivered by Otrium may, subject to the provisions below, be submitted by either you or Otrium to the Geschillencommissie Thuiswinkel, Postbus 90600, 2509 LP in The Hague ( www.sgc.nl).
- A dispute will only be handled by the Dispute Commission if the Consumer has first submitted its complaint to Otrium within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee, at the latest 12 months after the date on which you submitted the complaint to Otrium.
- If the Consumer wishes to submit a dispute to the Dispute Commission, Otrium is bound by this choice. Preferably you report this to Otrium first.
- If Otrium wishes to submit a dispute to the Disputes Committee, the Consumer shall, within five weeks after a request to that effect made in writing by Otrium, state in writing whether the Consumer wishes that too or wishes the dispute to be brought before the competent court. If Otrium is not informed of the Consumer’s choice within the period of five weeks, Otrium has the right to submit the dispute to both the Disputes Commission and the competent court.
- The Disputes Committee shall give a final verdict under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute – or terminate their intervention – if Otrium has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the Committee dealt with the dispute during a hearing and rendered a final ruling.
- If, alongside the Disputes Committee, there is another competent dispute committee that is recognized or one that is affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid), the Disputes Committee shall preferably have jurisdiction for disputes that relate principally to the sales method or to providing services long-distance. For all other disputes, this will be the other disputes committee that is recognized by the SGC or affiliated with the Kifid.
Article 17 – Branche guarantee- Thuiswinkel guarantees that its members will comply with the binding advice issued by the Disputes Committee, unless the member decides to submit the binding advice to the courts for verification within two months of the binding advice being sent. This guarantee revives if the binding opinion is upheld after review by the court and the ruling demonstrating this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to you by Thuiswinkel. For amounts larger than €10,000 per binding advice, €10,000 will be paid out. For the remaining sum, Thuiswinkel has a best-effort obligation to ensure that the member complies with the binding advice.
- Application of this guarantee requires that you submit a written claim to Thuiswinkel and that you transfer your claim on Otrium to Thuiswinkel. If the claim on Otrium amounts to more than € 10,000, you will be offered to transfer your claim as far as it exceeds the amount of € 10,000 to Thuiswinkel, after which Thuiswinkel will request payment in court in its own name and at its own cost for the satisfaction of you.
Article 18 – Additional or divergent provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to your detriment and must be recorded in writing or in such a way that you can store them in an accessible manner on a durable data carrier.