DEFINITIONS
CONCLUSION AND CONTENT OF THE AGREEMENT
O My Bag reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from O My Bag, for any reason whatsoever. O My Bag reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, O My Bag shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, O My Bag shall credit your account in the amount of the incorrect price.
O My Bag will keep the agreement on file and retain it for a certain term (having a minimum of seven years). The consumer may also request a copy of the agreement from O My Bag – as long as O My Bag has it on file – by contacting the O My Bag via customerservice@omybag.nl.
The agreement, including the Privacy Policy placed on the Website and these General Terms and Conditions, constitute the entire agreement between the consumer and O My Bag with respect to the use of the Website and the placement and execution of an order.
PRICE AND PAYMENT
If you are in possession of a valid discount code, you can enter de code in the provided box on the order form. The discount applies to the Product(s) and not the delivery charge. O My Bag reserves the right to correct the mentioned prices on the Website, Webshop and/or in the confirmation mail, in case of errors (including printing and typing errors) or the correction of omissions.
O My Bag will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the order is placed will be deemed to be the prices that form part of the agreement.
Payment may be made using the methods indicated on the Website.
FORCE MAJEURE
If as a result of a situation involving force majeure O My Bag fails to comply with its obligations under the agreement or fails to do so in a timely manner, O My Bag will be entitled to perform the agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the agreement in whole or in part, without O My Bag being obliged to pay the consumer any compensation in that respect.
INVALID PROVISIONS
APPLICABILITY
DELIVERY METHOD AND DELIVERY DATES
After the agreement has been concluded O My Bag will send the products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the consumer, provided that O My Bag has received the full purchase price.
The Product(s) will be delivered based on the information as mentioned in the confirmation mail or order confirmation. You warrant that this information, for example your name and address, are correct. In case of any change in this information you shall notify O My Bag in writing as soon as possible at customerservice@omybag.nl. If you do not take up the Product(s) (on time), irrespective of the reason, the costs made by O My Bag therefor, including any costs of transportation, storage and safekeeping may be transferred to the consumer.
O My Bag will make delivery in accordance with agreed delivery dates to every extent possible; however, the consumer acknowledges that the delivery dates are based on the circumstances of which O My Bag is aware at the time at which the agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to O My Bag.
The goods will be imported on behalf of the consumer. The consumer authorized O My Bag to import the goods on his/her behalf. Further, the consumer agrees that O My Bag may delegate the obligation to import the goods on his/her behalf to a subcontractor (e.g. customs broker). The consumer will pay the taxes & duties in addition with the purchase price of the goods.
The risk with respect to any damage to or loss of the products will be transferred to the consumer as from the time at which the products are delivered.
RIGHT TO RETURN
In the case referred to in the preceding subsection, O My Bag will refund the purchase price of the product as quickly as possible to the account used to purchase the order, but in any event within 14 days after O My Bag received the returned product, this is without shipping cost.
COMPLAINTS
The consumer will be obliged to inspect the product when it has been delivered and to notify O My Bag within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
O My Bag will respond to any complaints that it receives within a term of 14 days after receipt. O My Bag will notify the consumer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the consumer can expect to receive an answer.
The consumer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain products from the Website, are not well founded. O My Bag will not be liable for any damage that the consumer sustains as a result of such deviations or the removal of such products from the Website.
The consumer acknowledges that leather is a product that softens with use. Also coloring may fade over time and scratchers are part of or can appear on the product. We also advise to avoid wearing light colored clothing, as a leather bag can always shred color and this can affect, for example, your light colored clothes.
The consumer acknowledges that canvas coloring can fade with use and time.
AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
DEFINITIONS
Information/Content: The information, recommendations and/or services made available to you on or via the Webshop and Website.
Materials: Ideas and/or materials, including, but not limited to: texts, images, sounds, software or information.
Terms of use: The following Website Terms of Use and any policies and/or statements referred to on the Website regarding the use of certain (parts of) the Website.
THIRD PARTY (WEBSITE)
LIMITATION OF LIABILITY
Applicability
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names and any other materials provided on the Services are owned by O My Bag and/or third parties. This content may contain omissions, errors, or may be out of date.
O My Bag makes all efforts to accurately display the Products, including the colors; however, it is possible that the actual color may be other than as displayed on computer monitors, which can distort color. Additionally, O My Bag products are made with (eco) leather and will also display some minor variations in color and texture, characteristic of eco-leather. We consider these variations evidence of the natural materials and processes used in the manufacturing of O My Bags, and likewise consider the variations to mark each bag as a unique piece.
O My Bag reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on O My Bag in any way except to the extent that it is specifically indicated to be so.
DISCLAIMER OF WARRANTY