OhSoTen
Papaverweg 34 - unit B100
1032 KJ te Amsterdam
Nederland

E info@myten.co
KVK 66682541
BTW nummer NL002299497B35

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.

In case specific product or service conditions are also applicable alongside these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced by a provision that approximates the purpose of the original provision as closely as possible in mutual consultation immediately.

Situations not governed by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information such that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer. This concerns in particular:

the price including taxes;

any shipping costs;

how the agreement will be concluded and what actions are necessary for that;

the applicability of the right of withdrawal;

the method of payment, delivery, and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication medium used;

whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;

how the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in the case of a long-term transaction.

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance of the agreement, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

Within legal frameworks, the entrepreneur may ascertain whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution, motivated.

The entrepreneur shall include the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;

the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about warranties and existing post-purchase services;

the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

In the case of product delivery:

Upon purchase of products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a previously designated representative receives the product from the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they decide to exercise their right of withdrawal, they shall return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model withdrawal form or by any other means of communication such as email. After the consumer has notified their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods specified in paragraphs 2 and 3, the purchase is considered final.

In the case of service delivery:

Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.

To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the time of delivery.

If the consumer exercises their right of withdrawal, they shall bear the maximum costs of returning the goods.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been made to the consumer's specifications by the entrepreneur;

that are clearly of a personal nature;

that cannot be returned due to their nature;

that can quickly perish or age;

whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;

for individual newspapers and magazines;

for audio and video recordings and computer software that the consumer has unsealed;

for hygiene products that the consumer has unsealed.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

for which the delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired;

related to betting and lotteries.

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or

the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or packaging instructions;

the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

The consumer's address provided to the company shall be considered the place of delivery.

Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed, or only partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a period does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. Clear and understandable notification that a replacement item is being delivered shall be made no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall lie with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

Termination

The consumer may terminate an agreement entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services at any time towards the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the preceding paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;

terminate at least in the same manner as they were entered into by him;

always terminate with the same notice period as the entrepreneur has agreed for himself.


Renewal

An agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services may not be renewed or extended tacitly for a definite duration.

Notwithstanding the previous paragraph, an agreement entered into for a definite period and which aims at the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this renewed agreement towards the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement aims at the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.

An agreement with a limited duration for the purpose of regularly delivering day, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon the expiry of the trial or introductory period.


Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution.

In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the dispute handled by the independent dispute mediation committee appointed by Stichting WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute mediation committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.