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1. General
1-1 All our sales and services are subject to the following sales-, shipping-, and payment terms and conditions.
1-2 All rights, commitments, obligations, special offers, orders and agreements on which these general conditions apply, will be governed by the Dutch laws.
2. Prices
2-1 All prices are in Euro. All prices are including sales tax and exclusive shipping & handling charges.
2-2 The applicable sales tax is applied to items in accordance with applicable laws.
2-3 Prices are subject to change at any time, but price changes will not affect orders in respect of which OBIBO has already sent a confirmation as per paragraph 4 of these Terms and Conditions.
3. Shipping & handling charges
3-1 OBIBO will charge shipping & handling costs for the shipment of the merchandise.
3-2 The standard shipping & handling costs are Euro 2,95 for orders delivered in The Netherlands. For other destinations we apply the TNT post tariffs.
3-3 Depending on the weight/volume of the order, the merchandise will be shipped in an envelope or package.
4. Payments
4-1 Upon ordering you will immediately receive a confirmation e-mail with an overview of your order and total costs, inclusive of shipping and handling charges.
4-2 Every order will be processed after we have received your payment. Payment for all products must be made by Paypal, Ideal or bank transfer.
5. Shipping
5-1 All items are presented to TNT within 3 business days upon receipt of the payment.
5-2 In case we will not be able to present your order to USPS within 3 business days, we will contact you by phone or e-mail.
5-3 The item(s) will be delivered to the address you have provided us as 'shipping address' at the time you make your order.
5-4 Upon shipment of your order an e-mail will be sent confirming that the order has been shipped.
5-5 All items are kept in stock. However, in case an item is temporarily out of stock, you will be notified immediately.
5-6 OBIBO is not responsible for any excess delivery time or loss and damage by TNT.
6. Limited Warranty; Returns/exchanges
6-1 OBIBO does everything in its power to deliver a perfect product. However, in case you are not satisfied with all or any part of your order, you can return the item(s) within 7 days from the date of delivery.
6-2 Items should only be returned after prior authorization has been obtained from OBIBO via e-mail.
6-3 Upon receipt of the returned item(s), OBIBO will credit the amount (excluding the initial shipping charges) to the credit card used for the initial purchase, within 30 days.
6-5 In case size or color of the item you ordered is unsatisfactory, You can always exchange the item. We will send you the new item free of charge. However the costs for returning the original item are for you.
6-6 Before returning an item, please send us an email to klantenservice@obibo.nl
6-7 OBIBO only offers a refund/exchange of items upon receipt of the original items, and provided that the following conditions have been met:
" the item(s) are not personalized
" the item(s) has not been worn or washed
" no attempt has been made by yourself to repair any defect of the item
" instructions on the care label have been properly followed
" in case of more items in one order, the items are sent back to OBIBO in a single delivery. OBIBO reserves the right not to accept items belonging to a single order being returned and delivered at different times.
6-8 Except as set forth in this Section 6, OBIBO makes no representations or warranties of any kind, express or implied, as to the products included in the website nor as to the products being sold to you. To the fullest extent permissible by applicable law, OBIBO disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party's rights of any kind. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6-9 OBIBO shall not issue a refund nor accept exchanges for any returns/accept exchanges that do not satisfy all of the conditions above. In case you are notified that you are not entitled to a refund/exchange due to not all conditions being met, you will have the option to request, within 30 days, that the item(s) be shipped back to you, at your own cost, in the condition it was received by OBIBO. If you do not request the return of your item within said 30 day period, OBIBO will be entitled to dispose of such item at its sole discretion.
6-10 In case the customer has received a (partially) wrong order, then OBIBO will make sure that the proper items will be sent as soon as possible.
6-11 OBIBO is not responsible for returns and/or exchanges that get lost in the mail.
6-12 We will not accept freight collect returns.
7. Limitation of Liablility
7-1 OBIBO will not be liable for any damage of any kind, physically as well as material and immaterial, including but not limited to direct, indirect, incidental, punitive and consequential damages, arising from the use of the products or misuse of the products or any use which is not in accordance with the prescribed manner of the purpose for which they were designed.
7-2 We attempt to provide the most recent, accurate, and reliable information on our web site. However, there may be occasions when information featured on our web site may contain incomplete data, typographical errors, inaccuracies, or when an item featured on the web site is no longer in stock. We do not warrant that the information accessible via our web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time. OBIBO is not liable for any consequences as a result of incorrect or incomplete information on their website. Of course, we will make every effort to provide you with current prices at the time you place your order.
7-3 OBIBO is not responsible for any type- or print errors through which unintentional price differences are communicated. In case the later does occur the price will be corrected as soon as possible by OBIBO.
7-4 OBIBO can not be held accountable for any difference in color as a result of monitor quality.
7-5 The position and size of the actual print on the piece of clothing can differ slightly as compared to the display on the website. OBIBO can not be held responsible for this.
8. The right to refuse an order
OBIBO has the right to refuse an online order at any stage. This decision is entirely up to us and we do not have to motivate this decision. If we refuse an online order you will be notified immediately.
9. User conduct
OBIBO has the right to refuse any personalisation that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, indecent, libelous, tortious, hateful or racially, ethnically or otherwise objectionable or invasive of another's rights including but not limited to the right of privacy and intellectual property.
10. Force Majeure
OBIBO will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations following an order that is caused by events outside our reasonable control ("Force Majeure Event").
10-1 A Force Majeure Event includes any act, event, nonhappening, omission or accident beyond our reasonable control, and includes in particular (without limitation) the following:
(a)strikes, lockouts or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other disaster;
(d)impossibility of the use of public or private transport;
(e)impossibility of the use of public or private telecommunications networks;
(f)the acts, decrees, legislation, regulations or restrictions of any government.
10-2 Our performance pursuant to an order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
10-3 Except where the products are in transport, where a Force Majeure Event continues for a period of 90 days from the date of notification of the Force Majeure Event causing non performance or delay in performance, either of us may terminate the (unperformed part of an) order by notice in writing, provided always that your obligation to pay in relation to any part of the order which has been performed shall not be discharged.
11. Privacy
All personal information given to us will be used only by OBIBO and will not be made available to any third parties, unless required for payment- and shipping purposes to complete the order process. See our Privacy Policy on this web site.
12. Questions / Complaints
OBIBO aims for customer satisfaction. In case you have questions or complaints about our services and/or products, we kindly request you to inform us by phone or e-mail.
13. Severability
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
14. Our right to vary these terms and conditions
14-1 We have the right to revise and amend these terms and conditions from time to time.
14-2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
15. Written communication
Applicable laws require that some of the information or communication we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communication that we provide you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.
16. Copyright of Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by OBIBO. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by OBIBO. All rights and properties are reserved. No content from this website can be copied, saved and/or be distributed without written authorization of OBIBO. The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
17. Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
18. Miscellaneous
This Agreement shall be construed in accordance with the laws of the Netherlands. Any dispute arising under this Agreement shall be resolved exclusively by the federal courts of the Netherlands.
Effective Date: May 1st 2009
OBIBO
Harz 8
1567 KE Assendelft
The Netherlands
T: +31 (0)75 2024245
E: info@obibo.nl
Chamber of Commerce Amsterdam: 34322433
VAT: NL8202.97.252.B.01
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