Okeiko Time
General Terms and Conditions
GENERAL TERMS & CONDITIONS
1. GENERAL, DEFINITIONS AND APPLICABILITY
1.1. Okeiko Time (hereinafter “OT”) is a private company with limited liability, registered in The Netherlands at the Chamber of Commerce, number 58378553, and can be reached via email at okeikotime@gmail.com.
1.2. In these Terms and Conditions certain terms are being used. They entail the following: Account: a personal login that enables Users to use the services of the Webshop in an easy and safe manner.
Account holder: every individual person aged 18 years or over with a OT Account.
Agreement: every agreement between OT and a User.
Buyer: every individual person aged 18 years or over who places an order in the OT Webshop. Content: (digital) data, such as text, informational data, moving images, stills and graphics or information in any other form, that is used on this website, and being present in the material that OT sends to customers.
Item(s): all for sale offered pieces of clothing and other categories, new as well as worn, in its broadest sense.
Terms and Conditions: These terms and conditions, together with the Privacy Policy and the shipping and return policy.
User: every Account holder, or Buyer.
Webshop: the webshop operated by OT via de Website.
Website: www.okeikotime.com
1.3. These Terms and Conditions apply to all Agreements, including the development and preparation of these Agreements, whether agreed from a distance or not between OT and every User that makes use of the Webshop. The account holder is being expected to agree to these Terms and Conditions as part of the creation of an Account in the Webshop. The buyer is being expected to agree to these Terms and Conditions when it comes to ordering via the Webshop.
1.4. The Privacy Statement forms an integral part of these Terms and Conditions and can be downloaded from: www.okeikotime.com.
1.5. Stipulations deviating from these Terms and Conditions can only appeal by User if and insofar as they are accepted in writing by OT (email is sufficient) and signed.
1.6. If any definition from these Terms and Conditions is found to be void or voidable, it will be replaced by a valid definition that corresponds as closely as possible to the purpose of the voidable or void definition. The other conditions remain to be unaffected.
1.7. OT is competent to, as a consequence of the Agreement forthcoming rights and obligations, (partially) transfer (part of) the provided services to a third party without prior consent of the User.
1.8. OT reserves the right to alter these Terms and Conditions at any given moment. These altered, new terms and conditions will be published on the Website. The user is expected to consult these regularly.
2. OFFERS AND FORMATION OF THE CONTRACT
2.1. All of the placed offers on the Website and Webshop are non-committal. In case an offer has a limited validity or when extra terms and conditions apply, these will be explicitly mentioned in the offer on the Website and Webshop. An offer expires in case the Item(s) concerned are not available anymore.
2.2. The descriptions of all Advertisements and offers on the Webshop are as complete and accurate as possible. OT makes every effort to ensure this quality but cannot be held accountable for any damage caused by mistakes or errors in the descriptions of the offered items.
2.3. The Agreement between OT and the Account holder will enter into effect as of the moment that OT explicitly confirms the creation of an Account to the Account holder by email. The Agreement between OT and Buyer will enter into effect as of the moment that Buyer receives a successful order confirmation of OT by email.
3. REGULATIONS REGARDING ACCOUNT HOLDERS OF THE WEBSHOP
3.1. By creating an Account in the Webshop the Account holder accepts the Terms and Conditions of OT and acknowledges to be fully informed about its Privacy Statement,as well as the Shipping and Returns policies.
3.2. The privacy of its Account holders (and Users in general) is of utmost importance for OT. Therefore all (personal) data of Account holders (and Users) is processed and used as secure as possible. The Privacy Statement describes in detail which data is processed by OT and for which cause.
3.3. The Account holder can delete his/her Account at any time by sending a written request by email to okeikotime@tgmail.com. The OT team takes these requests seriously and will do its utmost to delete the Account as soon as possible, after which (ex-)Account holder will be explicitly notified by email. After deleting an Account, it is no longer possible for an Account holder to login the Webshop and/or to be active as User of the services of OT. In addition, Account holder will receive no longer emails from OT and can no longer be found in the Webshop.
3.4. OT seeks to process the request of Account holder to delete his/her Account within at least 5 working days after the request was received. Nevertheless, the following steps need to be taken into account that might delay the process: a) Any outstanding Agreements need to be settled first (for instance in case of a transaction, Buyer needs to have received the Item in good shape and must have paid successfully); b) Third-party data processors of OT may require more time to handle the request, whether or not to carry out the Agreement (for example the required time to sync with Google Search). If Account holder experiences still any inconvenience 10 working days after sending the initial request, Account holder can send an email to okeikotime@gmail.com and ask OT for further assistance; c) Data that is required for administrative purposes (for example order details), legal obligations, or data that is necessary for the performance of the contract, will be safely stored by OT as long as necessary for this purpose.
4. REGULATIONS REGARDING THE SALE OF ITEMS (BUYERS)
4.1. Despite the high quality of the photography and descriptions of Items in the Advertisements, the Buyer has to take into account that certain elements can slightly differ from the actual performance. For example, the colors may differ from the actual colors. Item(s) in the Webshop are always accompanied by a specific description and, if necessary, of the measurements. In case of any doubt, the (potential) Buyer can contact OT team at okeikotime@gmail.com and ask all necessary clarifying questions about the Item(s).
4.2. The Items offered via the Webshop are in good condition, of excellent quality and all the information is being displayed and described as specific as possible. Because of the fact that OT sells pre-owned Item(s), signs of wear and tear can be visible.
4.3. As soon as the Buyer receives the bought Item(s), he or she has to check the Item(s) immediately. In case something is wrong (e.g. sending wise, damage or a significant deviation from the original visual and/or textual description in the Webshop) he or she needs to inform OT at the latest within 48 hours after receiving the order by e-mail: okeikotime@gmail.com. The Buyer needs to mention the corresponding order- and item number(s) (see email). In case of a difference, OT will make an effort to solve this matter to the Buyer´s satisfaction.
4.4. The Buyer has the online right of return within 14 calendar days.
4.5. In case the Buyer wants to claim his or her right of return according to art. 4.4, the following applies: the Buyer has the possibility to terminate the Agreement and return the Item(s) within a period of 14 calendar days. This period starts at the day that the Item(s) are received by the Buyer.
- a) The Buyer is obliged to inform OT by email (okeikotime@gmail.com) about the fact that he or she wants to return the purchased Item(s) within these 14 calendar days and to have the Item(s) shipped to OT before this period expires;
- b) During this period the Buyer will handle the delivered Item(s) with utmost care and leave any labels, codes and packaging intact. The Buyer will only unpack the Item(s) as far as needed to evaluate if the state of the Item is meeting the quality criteria. Please note: existing labels may not be removed under any circumstances. In case the Buyer wants to use his/her right to withdrawal, he or she needs to return the Item(s) in the exact original state as at the time of receipt and by the OT provided instructions;
- c) The Buyer will always be charged for the returning costs of the Item(s). OT strongly recommends sending the Item(s) registered and insured. OT is not liable for any loss or damage of the return;
- d) The Item(s) to be returned shall be sent back to OT as soon as possible, but within at least 14 calendar days after the purchase;
- e) The sending shipping costs are charged per order, therefore they will only be returned if the entirety of the order is returned.
- f) The paid amount will be transferred to the Buyer within 14 calendar days after receiving the Item(s) back in good shape.
5. TERMS OF DELIVERY, DELIVERY AND SHIPPING
5.1. The delivery address is the address that the Buyer filled out on his or her OT account via the Webshop. Buyers who order Item(s) via the Webshop, should keep OT closely informed about any changes in address (via their online profile). As long as OT does not receive a change of address, the Buyer in question will be deemed to reside at the latest address provided in the account.
- a) In case an address is not (correctly) filled out, OT cannot be held responsible for any mistakes in the delivery process. Additional costs will be charged to the Buyer if necessary.
5.2. The order is sent via a logistic provider appointed by OT. Orders with a shipping address in an EU country will accrue different shipping charges per order. Consult the Webshop for the most recent rates.
5.3. OT strives to deliver a sold Item to the Buyer as listed below unless a longer delivery term is agreed upon. Nonetheless, OT is not liable for potential delays in the process.
5.4. Each shipment includes a Track & Trace code that the Buyer receives via email so that the he or she can monitor the status of the shipment via a web link. In case a shipment has not arrived within 14 calendar days, the Buyer needs to report this via okeikotime@gmail.com. OT will do what is possible to resolve the situation to the satisfaction of the Buyer.
5.5. In case deliverance is delayed by more than 21 calendar days, or if the shipment cannot be processed at once, or partially, the Buyer receives a notification (email) as soon as possible. In this case, the Buyer has the right to dissolve (part of) the Agreement without having to pay any additional costs. Afterwards, OT will transfer the (additional) paid amount as soon as possible (at the latest within 30 days after dissolution).
5.6. The Buyer is obligated to accept the package when it is offered by OT via post. In case Buyer declines acceptance or does not pay careful attention to the provided information or instructions that are necessary for a clear and smooth delivery, OT has the right to store the Item(s) at the expense and risk of the Buyer.
5.7. OT holds the right to provide, or not, shared deliveries to the Buyer, so an order can be sent in two or more shipments (e.g. when the Buyer has bought multiple Item(s)).
5.8. Until the Buyer receives the order, the Seller is liable for any risk of loss and damage to the Item(s).
7. PRICE, PAYMENT AND COLLECTION COSTS
7.1. The price that has been set for the Item(s) by the OT team are based among others on
the quality and the state.
7.2. The prices as stated in the Webshop are all in Euros, and include VAT.
7.3. After placing an order in the Webshop OT will send an order confirmation to the Buyer by email, including the total charged amount, VAT and shipping costs.
7.4. OT works with the outside payment providers, using a third-party account for all payment services. Payment of the ordered Item(s) is possible via direct payment, bank transfer or Paypal. The transaction costs of using Paypal as a payment service are to be paid by the buyer.
7.5. Delivery of the order will take place as soon as the payment has been received.
8. PROPERTY OF ITEMS
8.1. All Item(s) offered and delivered by OT under the Agreement shall remain property of the Seller until the Buyer properly and completely meets all its obligations stated in the Agreement via OT, including payment of the charged amount within the stated period.
8.2. In case third parties seize the under retention delivered Item(s) and/or claim to establish or exercise rights, the Buyer needs to notify OT immediately.
9. LIABILITY
9.1. OT is solely liable for damages arising out of, or relating to, an attributable failure to fulfil its obligations under an Agreement or tort caused by intent or gross negligence on the part of OT. This liability is limited to direct damages (which explicitly excludes consequential and other indirect damage) and up to the lower of the invoice value of the order or €1.000, -.
9.2. OT is not liable for damage to or loss of property of Buyers, unless there is intent, gross negligence or willful recklessness.
9.3. To be clear: OT is not liable for any damage, of any nature whatsoever that is caused by the User who gave incorrect or incomplete information.
9.4. OT does not accept any liability whatsoever in case of lost orders caused by the logistic or shipping provider.
9.5. OT is not liable for any damages or costs resulting from the use of electronic payment and electronic means of communication with the Webshop, including – but not limited to – damages resulting from non-delivery or delayed delivery of electronic messages, interception or manipulation of electronic messages by third parties or by computer programs used for electronic communications and transmission of computer viruses. OT ensures adequate security on the basis of generally accepted security systems.
10. SUPREMACY
10.1. OT is not obliged to fulfill any obligation to the User if it is prevented from doing that by supremacy. This is the case when the deficiency is due to circumstances beyond the control of OT, including in any case: war or similar situations, riots, strikes, occupation, blockade, illness amongst the OT staff, failure of suppliers and/or carriers of OT, government measures, such as a ban on movements, natural disasters, bad weather, lightning, fire and explosion. OT is also entitled to invoke supremacy if the circumstances are rendering (further) fulfillment of the Agreement after OT should have fulfilled its obligation.
10.2. OT may suspend the obligations in the Agreement during the period of supremacy. If this period lasts longer than two months, each party is entitled to terminate the Agreement without liability to pay compensation to the other party.
11. DISCLAIMER
11.1. Each User gives OT an indemnification for all damages, liabilities and costs arising from claims or legal proceedings instituted against OT or that has been threatened by any party in connection with:
- a) The usage of the Website;
- b) The usage of the Website while using the password of the User;
- c) The, on behalf of the User, via the Website offered Item(s);
- d) Breach of the Agreement by the User.
12. INTELLECTUAL PROPERTY
12.1.All intellectual property rights, including (but not limited to) the copyright, trademark and design law, on the Website, the Content, Advertisements and all material delivered to User by OT, including leaflets, brochures, etc. are owned exclusively by OT, unless otherwise indicated.
13. PRIVACY STATEMENT, COOKIE POLICY, NEWSLETTER
13.1. OT treats and processes the (personal) data of its Users in line with the General Data Protection Regulation (GDPR).
13.2. OT offers the Website (incl. the services offered via the Website) and processes the data of its Users, in accordance with the Privacy Statement and Cookie Policy of OT. The Privacy Statement and Cookie Policy are fully applicable and are an integral part of these Terms and Conditions. The User declares to have taken note and agreed upon this Privacy Statement and Cookie Policy.
13.3. The personal data will not be used by, or provided to, third parties with the exception of:
- a) Employees of OT;
- b) Parties that are processing data commissioned by OT (’data processors’);
- c) Parties that are involved in the execution or fulfillment of an Agreement (for instance the provider of the logistics services that are delivering the Item(s)).
- d) External consultants;
- e) Forces of law and order.
13.4. Subscribing and unsubscribing for the OT newsletter can be requested at any time via the therefore placed link at the bottom of the Website (register) and/or the Newsletter (unsubscribe). Users can opt out of all mailings that are not necessary for the execution of the Agreement.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms and Conditions, as well as every Agreement and other legal relationships with OT, are governed by Dutch law.
14.2. All disputes will be submitted to the competent court in Amsterdam.