Algemene voorwaarden
1. Applicability
1.1. These terms and conditions apply to all offers and all agreements regarding the consumer webshop of OOMPH Productions B.V. (hereafter referred to as “OOMPH”).
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain rental services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and OOMPH and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms & Conditions is only possible after explicit confirmation by OOMPH in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by OOMPH
1.6. “Contracting party” is defined as every natural person or legal entity with a contractual relationship with OOMPH
1.7. OOMPH has the right to adjust these General Terms and Conditions from time to time.
1.8. By using one of the websites of OOMPH (hereafter referred to as “the website”) and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.9. OOMPH is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2. Offers and agreements
2.1. Offers or quotations should be regarded as an invitation to the potential Contracting party to make an offer. OOMPH is in no way bound such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential Contracting party to make an offer counts as a valid offer and leads only to an agreement in case of fulfilment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. A personalised quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
2.4. An offer from the potential Contracting party as mentioned in article 2.1 is made when:
• the potential Contracting party has entered his personal data on the website and the data has been sent electronically to OOMPH and received by OOMPH;
• the potential Contracting party explicitly indicated the desire, by telephone, to receive a certain product and/or service;
• a quotation is signed by the Contracting party and received by OOMPH in case OOMPH issued a personalised quotation.
2.5. An agreement, including any change or supplementation hereto, takes first binding effect for OOMPH when an order confirmation has been issued to the Contracting party, by e-mail or other means. This agreement can be revoked by OOMPH in case the Contracting party does not meet the requirements or has failed to do so in the past. In that case, OOMPH will report such findings to the Contracting party within ten (10) days after receiving the order.
2.6. Contracting party and OOMPH explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of OOMPH count, as far as the law allows, as a presumption of proof.
2.7. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the services and/or products that are provided by telephone or e-mail are always as accurate as possible. OOMPH does not guarantee that all services and/or products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.
3. Prices
3.1. All prices are expressed in Euros, in accordance with the legal regulations, and include Value Added Tax.
3.2. Special offers are only valid as long as the stock permits.
3.3. The Contracting party owes the price as defined by OOMPH in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by OOMPH, even after reaching the agreement.
3.4. Transportation costs will be separately mentioned on the website. Special rates apply for deliveries outside the Netherlands.
3.5. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the Contracting party is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by OOMPH
4. Payment
4.1. Orders through the webshop should be paid by 100% down payment. OOMPH can include other payment options in the future. Other payment options will be announced on the website.
4.2. In case OOMPH agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the Contracting party. Alternative payment periods can only be agreed on in writing under special conditions.
4.3. Non-payment or untimely payment by the Contracting party leads to a due interest of 1,5% per month, from the day that the payment should have taken place, at which a part of a month counts for a full month.
4.4. The costs, both in and out of court, caused by non-fulfilment, late fulfilment or improper fulfilment of the obligations of the Contracting party, are payable by the Contracting party.
4.5. OOMPH is permitted, in case of untimely payment by the Contracting party, to directly dissolve the agreement or delay the delivery to the moment that the Contracting party has completed his payment duties, including the payment of due interest and other costs.
4.6. The Contracting party waives his right to settle any debt to OOMPH with any claim on OOMPH
Terms applicable to tangible products (articles 5, 6, 7, 8)
5. Delivery and delivery time
5.1. Ordered products will be delivered as quickly as possible. OOMPH aims to send the products within three days after receiving the order. The final delivery date is 30 days after receiving the order, not including down payments, at which the final delivery date is 30 days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. OOMPH can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. When the Contracting party orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed or otherwise communicated. OOMPH aims at notifying any delays to the Contracting party within two working days.
5.3. Deliveries will take place on the address as specified by the Contracting party during the finalisation of the agreement.
5.4. Immediately after the product(s) have been delivered, the Contracting party bears the risk for all direct and indirect damage that maybe caused to or by these product(s). The Contracting party also bears the risks of transportation from the moment of delivery.
5.5. Different terms may apply to deliveries outside of The Netherlands.
6. Revoke rights in case the Contracting party is a natural person and buyer of products
6.1. The Contracting party may exercise his revoke right within fourteen (14) working days after delivery of the product, without penalty and without stating reasons, by using the standard form made available via the website. The Contracting party can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
6.2. OOMPH is never liable for any damage, theft or loss of the product or packaging during the return delivery.
6.3. The costs of the return delivery of the product are for the Contracting party.
6.4. In case the Contracting party exercised his revoke right as mentioned in the previous articles, OOMPH will have to reimburse the cash value, excluding additional costs (such as transaction cost, service fees et cetera), of the delivered goods within fourteen (14) days.
7. Ownership
7.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the Contracting party pays OOMPH the full amounts payable pursuant to the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
7.2. The Contracting party is not permitted to print or resell the products, even after the ownership of the goods have been transferred to the Contracting party.
8. Guarantees and liability
8.1. In compliance with European Law, OOMPH’s warranty extends to a period of two (2) years after delivery in accordance with article 5.4.
8.2. OOMPH warrants the durability of delivered products. In case OOMPH has contracted a supplier or manufacturer for the manufacturing of the products, guarantee provisions by OOMPH for the delivered products are limited to the guarantee that is given to OOMPH by the supplier or manufacturer concerned.
8.3. In case OOMPH applies extended warranty and communicates this on her internet site or in official product documentation, the extended warranty shall apply in addition to the warranty provisions under article 8.1 and 8.2 and always in compliance with the other provisions under article 8. Extended warranty starts after delivery in accordance with article 5.4. Unless explicitly confirmed in writing by OOMPH an extended warranty period may not be added to the warranty period as mentioned under article 8.1.
8.4. OOMPH is never bound to financially compensate the Contracting party or other parties, unless the damage was caused by intention or guilt. OOMPH is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
8.5. In case OOMPH is obliged to financially compensate the Contracting party, the amount will always be limited to the invoice amount related to the product that caused the damage.
8.6. The guarantee of OOMPH does not apply if:
- the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance;
- the product is employed for purposes other than normal purposes or used incorrectly;
- the Contracting party or the end user does not strictly observe the operating instructions provided by OOMPH;
- the original invoice is missing, modified, or made unreadable.
8.7. When the guarantee provisions are exercised, OOMPH can do the following:
- adjust the amount on the invoice;
- replace the delivered item by an article with equal specifications, or repair the delivered item, in which case the delivered item should be sent back to OOMPH;
- take back the delivered item and revoke the agreement, while reimbursing the paid amount by the Contracting party, without being obliged to financially compensate the Contracting party for any damage. The Contracting party is obliged to give OOMPH three possibilities to repair any deficiencies.
8.8. The Contracting party does not hold OOMPH liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the Contracting party.
8.9. It is possible that OOMPH places links on its website to other websites that could of interest for a visitor. Such links are solely informative. OOMPH is not liable for the content of the linked websites or the usage thereof.
Terms applicable to rental services (articles 10, 11, 11)
9. Delivery and delivery time
9.1. Ordered rental services will be delivered as stated in the agreement. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. OOMPH can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
9.2. When the Contracting party orders a rental service that OOMPH is temporarily unable to deliver, an indication of the day that the rental service will be available will be displayed or otherwise communicated. OOMPH aims at notifying any delays to the Contracting party within two working days.
9.3. Deliveries will take place on the address as specified during the finalisation of the agreement.
10. Ownership
10.1. Any product(s) supplied by OOMPH in relation to, or as a part of the rental service(s) remain the exclusive property of OOMPH and are subject to Articles 8.2, 8.4, 8.6, 8.7, 8.8.
10.2. Immediately after the rented products have been delivered, the Contracting party bears the risk for all direct and indirect damage that maybe caused to or by these rented products. The Contracting party also bears the risks of transportation from the moment of delivery.
10.3. Contracting party is obliged to return the rented products in accordance with what is stated in the agreement. Only after OOMPH accepts the rented products the risks as mentioned in article 10.2 will transfer back to OOMPH
10.4. Different terms may apply to deliveries outside of The Netherlands.
11. Revoke rights
11.1. The Contracting party may cancel an online rental agreement with OOMPH via the OOMPH helpdesk, available on the website, during a cooling-off period of 14 days without giving any reason, provided that: the service has not yet been delivered.
11.2. From the start of delivery of the product which has been rented by the Contracting party, the Contracting party may express any complaints with regard to the rented product to the applicable OOMPH employees or at the e-mail address mentioned on the website. OOMPH must be allowed to solve the complaint within a reasonable timeframe depending on the service and agreed terms.
11.3. OOMPH is never liable for any damage, theft or loss of the good(s) or component(s) during the return delivery of the good(s) or component(s).
11.4. In case the Contracting party exercises his revoke right as mentioned in the previous articles, OOMPH will have to reimburse the cash value of the delivered service(s), excluding additional costs (such as transaction cost, service fees et cetera), within thirty (30) days.
12. Force majeure
12.1. In case of force majeure, OOMPH is not obliged to fulfil its obligations to the Contracting party. The respective obligations will be postponed for the entire duration of the force majeure.
12.2. In case OOMPH assesses that due to force majeure it is unlikely that the agreement may fulfilled at all, OOMPH may, at its sole discretion, terminate the agreement and reimburse the cash value of the delivered product(s) and/or service(s), excluding additional costs (such as transaction cost, service fees et cetera), within thirty (30) days after notification thereof.
12.3. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of OOMPH, even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfilment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of OOMPH or its suppliers.
13. Intellectual property
13.1. The Contracting party explicitly acknowledges that all intellectual or industrial property rights relating to the services and/or products to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with OOMPH, suppliers or other entitled parties.
13.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
13.3. The Contracting party is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from OOMPH, its suppliers or other entitled parties.
14. Personal data
14.1. OOMPH will process the personal data of the Contracting party in accordance with her privacy statement, which is included in the website.
14.2. OOMPH fully respects the applicable laws and regulations regarding the processing of personal data.
15. Applicable law
15.1. Dutch law applies to the offers/agreement and further agreements.
15.2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
15.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by a competent court in the district of The Hague, unless the law explicitly appoints another court.
15.4. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.
16. Miscellaneous
16.1. OOMPH resides at Delft, The Netherlands, and is registered at the Chamber of Commerce under number 86129767. Please send all correspondence regarding these General Terms and Conditions to OOMPH via the helpdesk mentioned on the website.
16.2. The OOMPH helpdesk is available for information on working days via the website.
16.3. OOMPH aims to answer received e-mails within one working day.
General Terms and Conditions Webshop OOMPH Productions B.V.
January 27, 2022