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Terms and Conditions

Index:
Article 1 – Definitions
Article 2 – Identity of Ogé
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal / shipment / return
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Payment

Article 13 – Liability
Article 14 – Disputes

Article 1 – Definitions
In these conditions:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into an agreement (whether or not remotely) with Ogé;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Customer: the collective name as far as the consumer as an entrepreneur;
Model form: the model withdrawal form that Ogé makes available that a consumer can fill in if he wishes to make use of his right of withdrawal;
Ogé: the natural or legal person that offers products and / or services (also remotely) to customers;
Entrepreneur: the natural or legal person who acts in the exercise of a profession or business and who enters into an agreement (with or without distance) with Ogé;
Distance contract: an agreement whereby, within the framework of a system organized by Ogé for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
General Terms and Conditions: these General Terms and Conditions of Ogé.
Article 2 – Identity of Ogé

Ogé Exclusive

Twentepoort East 55B
7609 RG Almelo
Tel: +315 46 89 82 08
Email: Info@oge-exclusive.com

Chamber of Commerce: 56309600
VAT: NL138627472B02

Article 3 – Applicability

3.1.These general terms and conditions apply to every offer from Ogé and to any agreement reached (whether or not at a distance) and orders between Ogé and the customer.

3.2.
Before the agreement (whether or not remotely) is closed, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions at Ogé can be consulted or consultable on its website and they can be sent free of charge as soon as possible at the request of the customer.

3.3.If the agreement is concluded (electronically or otherwise) electronically, in derogation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the customer in such a way that way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, will be indicated where of the general terms and conditions electronically can be taken note and that at the request of the customer by electronic means or otherwise will be sent free of charge.

3.4.If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions for the remainder will remain and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ‘in the spirit’ of these general conditions.

 

Article 4 – The offer

4.1.If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

4.2.Each offer is without obligation. Ogé is entitled to change and modify the offer. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer. If Ogé uses images, they are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer are not binding on Ogé. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement. Ogé can not guarantee that the displayed colors exactly match the real colors of the products.

4.3.Each supply contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
o the price (for consumers including taxes);
o the possible costs of shipping;
o the manner in which the agreement will be concluded and which actions are necessary for this;
o whether or not to apply the right of withdrawal;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer or the period within which Ogé guarantees the price;
o the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
o whether the agreement is filed after the conclusion, and if so, how this can be consulted for the consumer;
o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
o any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct Ogé has subjected to and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in case of an extended transaction.

Article 5 – The contract

5.1.The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the customer of the offer and the fulfillment of the corresponding conditions.

5.2.If the customer has accepted the offer electronically, Ogé will immediately confirm receipt of the acceptance of the offer electronically.

5.3.If the agreement is concluded electronically, Ogé will take appropriate technical and organizational measures to secure the electronic transfer of data wherever possible and will ensure a secure web environment. If the customer can pay electronically, Ogé will take appropriate security measures to that end.

5.4.Ogé can – within legal frameworks – inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Ogé, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

5.5. With the product or service, Ogé will send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
a. the visiting address of the Ogé office where the customer with complaints
can go;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless Ogé has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

5.6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

5.7. Every agreement is entered into under the suspensive conditions of
sufficient availability of the products concerned, at the sole discretion of Ogé.

 

Article 6 – Right of withdrawal

6.1.The consumer can terminate an agreement regarding the purchase of a product during a period of reflection of 14 days without giving any reason. Ogé may ask the consumer about the reason for revocation, but does not require them to state their reason (s).

6.2.The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Ogé may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
6.3.During the cooling off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. After the actual use of (her) products, the right of withdrawal is therefore no longer possible.

Article 7 – Costs in case of withdrawal

7.1.If the consumer makes use of his right of withdrawal, the costs of returning the goods are for his account.

7.2.If the consumer has paid an amount, Ogé will refund this amount as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of right of withdrawal

Ogé hereby excludes the consumer’s right of withdrawal for products:
a. which have been established by Ogé in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which Ogé has no influence;
h. for hygienic products (including explicit hair tools, hair extensions, hair weave, hair clip and other products of Ogé Exclusive Premium Hair) of which the consumer has broken the seal.

Article 9 – The price

9.1.During the period of validity stated in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

9.2.Notwithstanding the previous paragraph, Ogé can offer products or services whose prices are subject to fluctuations in the financial market and where Ogé has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are mentioned in the offer.

9.3.Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

9.4.Price increases from 3 months after the conclusion of the agreement are only permitted if Ogé has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

9.5.The prices mentioned in the offer of products or services include VAT.

9.6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing mistakes, Ogé is not obliged to deliver the product at the wrong price.

 

Article 10 – Conformity and Guarantee

10.1.Ogé guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, Ogé also guarantees that the product is suitable for other than normal use.

10.2.A guarantee issued by Ogé, manufacturer or importer does not affect the legal rights and claims that the customer can assert against Ogé under the agreement. Any defects or incorrectly delivered products must be reported to Ogé in writing within 2 weeks of delivery, in the absence of any right of withdrawal. The products must be returned in their original packaging and in a new condition.

10.2. A guarantee provided by Ogé, manufacturer or importer does not affect the legal rights and claims that the customer can assert against Ogé under the agreement. Any defects or incorrectly delivered products must be reported to Ogé in writing within 2 weeks of delivery, in the absence of any right of withdrawal. The products must be returned in their original packaging and in a new condition.

10.3. The guarantee period of Ogé corresponds to the manufacturer’s warranty period (12 months). Ogé is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

10.4. The guarantee does not apply if:

The customer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;
For hair extensions where the Ogé Exclusive heat sink is not used;
With broken parts;
The delivered products are exposed to abnormal conditions or otherwise careless handling or in violation of Ogé’s instructions and / or on the packaging;
Short-circuit in the cable due to improper storage;
After coloring at the Premium Weave / Clip In / Extensions;
At Premium Hair Clip – Weave or Extensions the seal / rubber strip is removed;
The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;
No purchase receipt and original box is present;
Discoloration of the material / heat plates / attachments by colored hair or use of products in the hair.

Article 11 – Delivery and execution
11.1.Ogé will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

11.2.The place of delivery is the address that the customer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, Ogé will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period, whereby all delivery dates are indicative.

11.3.If the delivery is delayed, or if an order can not or only partially be executed, the customer will receive no later than 30 days after he has placed the order. In that case, the customer has the right to terminate the agreement without any costs. The customer is not entitled to compensation.

11.4. In case of dissolution in accordance with paragraph 3 of this article, Ogé will refund the amount that the customer has paid as soon as possible but no later than 14 days after termination.

11.5.If delivery of an ordered product proves to be impossible, Ogé will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment will not be charged to Ogé.

11.6.The risk of damage and / or loss of products rests with Ogé until the moment of delivery to the customer or a pre-designated representative and made known to Ogé, unless expressly agreed otherwise.

Article 12 – Payment

12.1.If not otherwise agreed, the amounts owed by the customer must be paid within 7 working days. Ogé is entitled to require full or partial payment in advance from the customer.

12.2.The customer has the duty to report any inaccuracies in data provided or stated payment to Ogé without delay.

12.3 In the event of default by the customer Ogé has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 13 – Liability

13.1.The total liability of Ogé due to an attributable shortcoming in the fulfillment of the agreement or for any other reason, including expressly including any shortcoming in the fulfillment of a warranty obligation agreed with the customer, is limited to the amount that the (damage) insurance pays out (possibly increased by the excess payable by the supplier). If the insurer does not pay out for whatever reason, the liability is limited to the invoice amount of the last invoice from Ogé (excluding VAT).

13.2.The liability of Ogé for indirect damage, consequential loss, lost profit, missed savings, reduced goodwill, loss due to business interruption, damage resulting from customer claims, damage related to the use of the goods prescribed by the customer to Ogé, materials or software from third parties is excluded.

13.3.Unless fulfillment by the Ogé is permanently impossible, Ogé’s liability arises due to imputable shortcoming in the performance of an agreement only if the customer promptly notifies Ogé in writing, whereby a reasonable period for the purification of the shortcoming is made, and Ogé remains accountable in the fulfillment of its obligations after that term. The notice of default must contain as complete and detailed a description of the shortcoming as possible, so that Ogé is given the opportunity to respond adequately.

13.4.Condition for the existence of any right to compensation is always that the customer reports the damage to Ogé in writing as soon as possible after the occurrence thereof. Any claim for damages against Ogé expires by the mere lapse of 1 month after the claim arose.

13.5.The customer shall indemnify Ogé against all third-party claims due to product liability as a result of a defect in a product that has been delivered by the customer to a third party, unless and insofar as the customer proves that the damage was caused by the product delivered by Ogé.

Article 14 – Disputes

14.1. On agreements between Ogé and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the customer is resident or established abroad.

14.2. The Vienna Sales Convention does not apply.