GENERAL TERMS AND CONDITIONS

 

 

 

 

 

These terms and conditions govern the rights and duties of each of the parties in the context of sales of goods or services by ohmysales.com to its members, and with regard to the use of the www.ohmysales.com website. All members must confirm that they have read and explicitly accept these terms and conditions.

A limited liability company (sprl / bvba) having it’s registered office at Drève des Châtaigniers 1, 1410 Waterloo, Belgium, and is registered with the Crossroads Bank for Entreprises (Banque Carrefour des Entreprises) under number 0888.893.449. Email : martine@ohmysales.com

 

Clause 1 : DEFINITIONS

Member :          means someone who accepts these terms and conditions and registers with ohmysales.com using the form available via the "Become a member" tab.

Sponsoree :     means someone who has been sponsored by a member of ohmysales.com.

Sponsorship : means offering one or more other people the possibility to become a member of ohmysales.com.

Clause 2 : PRIVATE CLUB

The ohmysales.com sales site is reserved exclusively to its members, who are given the opportunity to purchase various goods and services at attractive prices. Ohmysales.com allows its members to sponsor friends and relations so that they too can become members of ohmysales.com.

Clause 3 : REGISTRATION

Access to sales on the ohmysales.com website is subject to prior registration for membership, using the form available via the "Become a member" tab. By registering, the new member declares and guarantees that he or she is legally able to enter into a contract or give contractual undertakings and is aged 18, or, in the case of a minor or ward, that he or she has the authorisation of a parent or legal guardian.

When the registration form is completed correctly, the registration is logged and the member becomes the holder of a personal account which is accessible via a password. The password gives members an ad hoc personal, individual and unalienable right to use the site and, if properly protected by the holder, guarantees the confidentiality of the data transmitted once the password has been entered.

Members are solely responsible for the use and protection of their password and must take all appropriate steps to keep it confidential. If a password is lost, stolen or wrongly communicated to a third party, the member concerned must immediately inform ohmysales.com, which will without delay block access to the site via the password concerned and issue a new password to the member.

By registering with ohmysales.com, the member agrees to receive email information and invitations to sales.

Clause 4 : APPLICATION OF TERMS AND CONDITIONS

 

Except if expressly agreed otherwise in writing by the parties, the relations between ohmysales.com and its members are governed by these terms and conditions of sale, which the member is deemed to have accepted, even when they may contradict the member’s own general or specific purchase terms and conditions.

These terms and conditions are available in French, Dutch, German and English. Members who have not received them in their native language remain subject to the application of these terms and conditions.

Failure by ohmysales.com to exercise a provision of these terms and conditions may not be interpreted as a decision by ohmysales.com to refrain from exercising that provision at a later date.

For reasons beyond its control, www.ohmysales.com , may find itself prevented from maintaining commercial relations with some countries. Ohmysales.com apologises for any inconvenience this may cause.

Should one of these terms and conditions be declared null and void or inapplicable, the remaining conditions remain fully effective and in force, and the term or condition in question shall remain applicable insofar as permitted by law.

In the context of their relations, the parties hereby agree to accept evidence in electronic format (e.g. email, back-up files etc.).

Clause 5 – AMENDMENT OF THE TERMS AND CONDITIONS

Ohmysales.com reserves the right to modify or amend these terms and conditions without prior notice to members and with no possibility for members to claim compensation in this regard. It is thus up to members to check from time to time whether the terms and conditions have been amended.

Clause 6 : PRODUCT DESCRIPTIONS

Ohmysales.com guarantees that all its products are authentic and new. Ohmysales.com acts independently, without representing the brands sold in any way.

The information and photos for each product description are provided in good faith and for information purposes only. Ohmysales.com is in no way liable for any errors they may contain. Ohmysales.com undertakes to do its best to correct errors or omissions as soon as possible after they have been brought to its attention.

All members have the right, as stipulated under Clause 12 of these terms and conditions, to return products within seven (7) days when they do not comply with the product description or the information in the product description is incorrect.

Clause 7 – AVAILABILITY

Orders are filled while stocks last. Ohmysales.com will do everything in its power to satisfy all orders.

If a product for which an order has been placed is wholly or partly unavailable, the member concerned will be informed by email, and may then cancel the order or accept the part which is available.

If payment has already been made when the member is informed that the product is not available, a request for repayment may be made and the member concerned is sent an email to this effect. If a refund is requested, the speed with which it is credited to the member’s bank account depends on the type of bank card used.

Clause 8 – ORDERING METHODS AND PRICES

Orders are placed on the ohmysales.com website.

Members guarantee that they are fully entitled to use the bank card for which they provide details, and that the funds to which that card gives access are sufficient to cover all costs arising from the use of the services offered by ohmysales.com.

By clicking on the « Confirm Order », icon, the member confirms the conclusion of the order and reiterates unconditional acceptance of the terms and conditions.

Confirmation of the order by the member constitutes an electronic signature, which has the same binding force between the parties as a handwritten signature.

The order only becomes effective after the payment has been validated by Ogone (the independent banking payment centre which manages all payments made to ohmysales.com.). On receipt of authorisation from Ogone, ohmysales.com sends the member an email confirming the order.

Contractual information is provided in the language used by the member to register, and will be repeated in a confirmation provided on delivery of the order at the very latest.

The stated product prices include all taxes, but not packing and postage costs. All prices are payable in euros. The statement of payment shows the total delivery costs as a separate item.

For deliveries and services outside Belgium, the provisions of the Belgian Tax Code on VAT are applicable.

The comparative prices displayed beside the ohmysales.com sale prices are established using the recommended retail price.

Ohmysales.com reserves the right to modify its prices at any time, but products will be invoiced on the basis of the price in force when the order was placed (subject to availability).

Products remain the property of ohmysales.com until paid for in full.

Ohmysales.com reserves the right to refuse and cancel an order placed by a member with whom there is a legal dispute.

Clause 9 – PAYMENT

Payment for goods purchases may be made solely by bank card.

The bank cards accepted are American Express, Visa, MasterCard, Mister Cash and Bancontact.

The member’s bank account will be debited upon confirmation of the order, which will be deemed effective when Ogone has confirmed its agreement. If Ogone refuses payment, the order is automatically cancelled.

Clause 10 – SECURITY

The ohmysales.com website has one of the most high-performance security systems currently available.

All bank transactions are treated securely by the Ogone banking payment centre, which ensures the encryption of your personal data.

Ohmysales.com does not have access to confidential information relating to payment methods. Members will therefore be asked for their payment details every time they place a new order Confidential information (card number, validity, expiry date) is held solely by Ogone and cannot be accessed by third parties.

Clause 11 – DELIVERY

11.1 Terms and conditions for delivery of orders

Products will be dispatched to the delivery address stated by the member when the order is placed.

Packages are dispatched by post or delivery service, at the discretion of ohmysales.com.

All our deliveries are announced by email. When a full order is dispatched, ohmysales.com will inform the member that an original invoice, including delivery charges and VAT, is available online. If only part of an order is dispatched, an order form stating what products the package contains is enclosed.

Ohmysales.com may refuse to deliver products to some countries.

Packages are deposited in the mail box at the addressee’s address. If the mail box is too small, the package is delivered to the address itself. It will then be handed over to the addressee or to someone else at that address. It can also be delivered to a representative of the addressee.

If it is not possible to deliver the package because the mail box is too small and/or there is no one available to receive it at the stated address, a delivery notice stating the period during which the package will be kept on hold is left in the addressee’s mail box. The period starts on the day after the package was presented at the address indicated. If the package is not collected by the end of that period, it is returned to the sender.

When a delivery service is unable to deliver a package, a notice is again left in the member’s mail box and it is then up to the member to contact the delivery service and arrange for delivery.

To facilitate deliveries, we ask members to provide an address where an order may be delivered during working hours.

Delivery is deemed to have taken place once the product has been made available to the member by the delivery service. It is up to the addressee to check deliveries on arrival and, if necessary, to complain or seek redress, or even refuse to accept a package if it seems to have been opened or has obviously been damaged in some way. Complaints should be sent to the delivery service by registered mail with confirmation of receipt, within three (3) working days after the products were delivered. A copy will be sent immediately to ohmysales.com.

11.2     Delivery deadlines

Deliveries are made within five (5) working days.

Unless otherwise stipulated, products will be delivered by the above deadline.

Delivery deadlines will be stated in the written confirmation sent to the member by ohmysales.com.

Although every care will be taken to respect the agreed delivery deadlines as strictly as possible, ohmysales.com may not be held liable for injury or prejudice caused by a delay in the delivery of a product or service.

Failure to respect the agreed delivery deadlines will not give rise to any right to payment of compensation by ohmysales.com.

When the deadline for delivery is not respected, a member may cancel the order under the conditions laid down in Clause 12 of these terms and conditions.

If, however, the delay arises from a case of force majeure while the product is being prepared for delivery, ohmysales.com will inform the member by email that the request for cancellation cannot be accepted.

The delivery periods are average periods corresponding to the periods for preparing and delivering the goods. These periods also vary depending on the destination and do not include public holidays or weekends.

For orders placed in the run-up to a holiday period (Christmas, Easter, Mother’s Day, Father’s Day etc.), ohmysales.com will announce on the sales home page whether products ordered can or cannot be delivered in time for the holiday concerned.

Clause 12 : CANCELLATION RIGHT

12.1     For distance sales to consumers which fall within the scope of the Belgian law of 14 July 1991, as amended by the law of 25 May 1999, the consumer has the right to inform the vendor, within seven working days following the day after the day of delivery, that he is cancelling the purchase, without being penalised and with no need to state the reason for the cancellation. The consumer is granted this right to enable him to examine the item purchased under the same conditions as when it is displayed in a shop. By “consumer”, the law means any individual or legal entity who acquires or uses goods or services available on the market, for entirely non-professional purposes. Thus members may not take advantage of the cancellation right when the goods purchased from ohmysales.com are intended for professional uses.

12.2    Cancellation may only take effect once the member has notified the cancellation decision using the form under the “return of products” tab, and the goods must be in their original packaging and complete, may not have been used or damaged and are fit for sale. Items which do not meet these requirements when received by ohmysales.com will remain at the disposal of the purchaser, who will be liable for payment of their price. Further, the member is not legally authorised to exercise the cancellation right with regard to audio or video recordings, software or prepaid mobile phone cards after he has unsealed the packaging.

12.3     When the member’s cancellation notice is received, the member receives a return number which must be indicated on the returned package.

12.4    Members who exercise their cancellation right must return the goods to ohmysales.com, Drève des Châtaigners 1, 1410 Waterloo, Belgium not more than seven (7) days after receiving the return number, using any available means, at their own risks and perils and at their own expense. Packages marked "postage payable by addressee" or "against refund" will therefore by refused. We advise you in your own interests to obtain proof of sending from the post office or the delivery service.

12.5     All items, together with the delivery documents and the invoice, must be returned to the previously mentioned address.

12.6    When the cancellation right is exercised in accordance with the above conditions, ohmysales.com will, within thirty (30) days, refund all the amounts paid by the member for the purchase(s), except for the delivery costs. The refund will be paid into the bank account indicated by the member in the registered cancellation letter.

Clause 13 – GUARANTEE

When products do not comply with the product specifications displayed on the site, they will be replaced or their purchase price refunded, depending on the availability of similar products and the wishes of the member.

The refund or the delivery of new products will be made within (thirty) 30 days following ohmysales.com’s receipt of the products, which do not comply with the specifications or have hidden defects.

Further to such a request, the speed with which it is credited to the member’s bank account depends on the type of bank card used.

In this case the costs of returning the product(s) will be borne by ohmysales.com, which will refund the costs of returning packages by mail but will not be liable for the costs of using a delivery service for returns. It is essential to include proof of the transport costs with the package, and if this is not done the member may not claim any refund.

These transport costs may be credited in the form of a purchase voucher to be used for on another order.

Except if a product does not work when it is unpacked, ohmysales.com will in no circumstances be held liable for a product which breaks down, and the member must then contact the supplier’s after-sales service. For this purpose ohmysales.com will do its best to provide the supplier’s contact details to members who request them.

No guarantee is available in the case of defects or deterioration caused by outside events, accidents (particularly electrical accidents), wear and tear, installation and use that does not comply with the supplier’s instructions.

Also excluded from the guarantee are products that are modified, repaired, installed or added to by the member or anyone else not authorised by the supplier. The guarantee will not apply to obvious defects and product conformity flaws, for which members must claim compensation within seven (7) days after delivery of the goods, or lose the right to make a claim. The guarantee does not cover products which are damaged during transport or are not used correctly.

Members with questions or wishing to request further information may contact ohmysales.com by sending an email to contact@ohmysales.com or by using the "contact us" tab on the ohmysales.com website.

Clause 14 – INTELLECTUAL PROPERTY

All texts, commentaries, works, illustrations and images, whether visual or audio or visual, which are reproduced on the ohmysales.com website, are protected worldwide by copyright, trademark, patent and image rights.

They are fully owned by ohmysales.com.

That being so, they may only be used for private purposes.

Installing a hyperlink to the ohmysales.com website by using the technique known as framing or deep linking is strictly prohibited.

Any other use constitute counterfeiting and may be subject to civil or criminal penalties.

Any reproduction of all or part of the ohmysales.com catalogue is strictly prohibited.

Clause 15 – LIABILITY

The photographs and texts reproduced and illustrating the products presented on the website are non-contractual. Consequently, ohmysales.com may not be held liable for errors in those photographs or texts.

Ohmysales.com may not be liable for any form of injury, whether material, immaterial or physical, which may result from the malfunctioning or incorrect use of the products marketed. This also applies to any eventual modifications made to products by the suppliers.

In any event, the liability of ohmysales.com will be limited to the amount of the order and may not be invoked for simple errors or omissions which may arise despite all the precautions taken for the presentation of products.

Ohmysales.com may not be held liable by a member or a third party for any indirect injury, operating losses, loss or profits or turnover losses which may arise in any whatever, even if ohmysales.com could have foreseen that injury, loss or prejudice or its possibility was brought to the attention of ohmysales.com.

Without prejudice to the preceding paragraphs, the liability of ohmysales.com under the terms of these terms and conditions may not be more than the equivalent of the sums paid or due with regard to the transaction giving rise to the liability, whatever the cause or form of the action concerned.

Ohmysales.com will do whatever is necessary to ensure that access to the site, the procedure for ordering, deliveries and other services are provided normally. Ohmysales.com is not liable for injury resulting from the use of the network, such as loss of data, intrusion, viruses, lost connection or other problems beyond the control of ohmysales.com.

Ohmysales.com shall not be held liable for failing to perform the contract if stocks are exhausted or an item is not available, or in the case of force majeure, disruption or full or partial strike action, particularly by postal workers and transport and/or communications, floods, fires, etc.

Clause 16 – APPLICABLE LAWS - JURISDICTION

The terms and conditions shall be executed and interpreted in accordance with Belgian law, whatever the place of delivery and the payment methods.

In the case of a dispute, the member must give priority to contacting ohmysales.com with a view to reaching an amicable solution. If an amicable solution cannot not be reached, any dispute relating to the validity, interpretation or execution of these terms and conditions is subject to the jurisdiction of the courts of Brussels, which are expressly granted sole jurisdiction.

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