OhMaeve Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Right of withdrawal: The period during which the consumer can exercise their right of withdrawal.

• Consumer: A natural person who is not acting for professional purposes and enters into a distance contract with the seller.

• Day: A calendar day.

• Long-term contract: A distance contract concerning a series of products and/or services whose delivery and/or acceptance obligations are spread over time.

• Durable medium: Any means that allows the consumer or the seller to store information intended for them in a way that allows future consultation and reproduction without modification.

• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the withdrawal period.

• Seller: The natural or legal person offering products and/or services to consumers remotely.

• Distance contract: A contract concluded within a system organized by the seller for the remote sale of products and/or services, using only remote communication methods until the conclusion of the contract.

• Means of remote communication: Any tool that can be used to conclude a contract without the consumer and seller being physically present in the same room.

• General Terms and Conditions: The present general terms and conditions of the seller.

Article 2 – Identity of the Seller

Business name: FW E-Commerce
Business address: Stichts End 10, Ankeveen
Customer service email: support@ohmaeve.com
Chamber of Commerce (KVK): 92183409
VAT number: NL004941969B53

Article 3 – Applicability

These general terms and conditions apply to all offers from the seller and to all distance contracts and orders between the seller and the consumer.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded that the terms can be viewed at the seller’s premises and will be sent free of charge upon request.

If the contract is concluded electronically, the text of these terms may be provided electronically in a way that allows the consumer to easily store them on a durable medium.

If this is not reasonably possible, the consumer will be informed where the terms can be viewed electronically and that they will be sent free of charge upon request, either electronically or otherwise.

If special terms apply to certain products or services, the same rules apply, and the consumer may always invoke the most favorable condition in case of conflict.

If any provision of these terms is declared void, the remaining provisions remain valid. The void provision will be replaced by one that most closely reflects the original intent.

Situations not covered by these terms must be interpreted in the spirit of these terms.

Ambiguities in interpretation or content must be interpreted in the spirit of these terms.

Article 4 – The Offer

If an offer is subject to a limited validity period or specific conditions, this must be clearly stated.

The offer is non-binding. The seller reserves the right to modify or adjust the offer.

The offer must include an accurate and complete description of the products and/or services provided. Images used must accurately represent the products. Obvious mistakes or errors do not bind the seller.

All images, specifications, and information are indicative and cannot give rise to compensation or contract cancellation.

Product images are faithful representations of the actual products. The seller cannot guarantee that displayed colors exactly match the real colors.

Each offer must clearly specify the consumer’s rights and obligations, including:

• The price (excluding import duties and VAT, which are the customer’s responsibility).

• Any delivery costs.

• How the contract will be concluded and the necessary steps.

• Whether the right of withdrawal applies.

• Payment methods, delivery methods, and contract execution details.

• The duration of the offer and any price guarantees.

• The cost of using remote communication tools, if different from the standard rate.

• Whether the contract will be archived and how the consumer can access it.

• How the consumer can verify and correct data before concluding the contract.

• The available languages.

• The applicable codes of conduct.

• The minimum duration of obligations under recurring agreements.

Article 5 – The Contract

The contract takes effect once the consumer accepts the offer and meets its conditions.

If the offer is accepted electronically, the seller must confirm receipt of acceptance immediately. Until this confirmation is received, the consumer can cancel the contract.

When concluded electronically, the seller must take technical and organizational measures to secure data transmission and provide a safe web environment. Electronic payments must be protected with appropriate security measures.

The seller may verify the consumer’s ability to meet payment obligations. If there are legitimate reasons not to proceed, the seller may refuse an order or attach special conditions to it.

Upon delivery, the seller must provide the following in writing or on a durable medium:

• The address for complaints.

• Information on exercising the right of withdrawal or a statement that it does not apply.

• Warranty and after-sales information.

• The details mentioned in Article 4, unless already provided.

• The termination conditions for long-term contracts.

All contracts are subject to product availability.

Article 6 – Right of Withdrawal

Consumers may cancel their purchase within 14 days of receiving the product without giving any reason.

During this period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used as necessary to determine whether to keep it. Returns must include all accessories and original packaging.

To exercise the right of withdrawal, the consumer must notify the seller in writing or via email within 14 days of receipt. After notification, the consumer has 14 more days to return the product, with proof of shipment required.

If the consumer fails to notify or return the product in time, the purchase becomes final.

Article 7 – Costs Associated with Withdrawal

Return shipping costs are the consumer’s responsibility.

If payment was already made, the seller will refund the amount as soon as possible, no later than 14 days after the withdrawal notice, provided the item was received or sufficient proof of return is given.

Article 8 – Exceptions to the Right of Withdrawal

The seller may exclude the right of withdrawal for products or services as specified below, provided this was clearly stated before purchase.

The right of withdrawal cannot be applied to:

• Products made to the consumer’s specifications.

• Items of a personal nature.

• Products that cannot be returned due to their nature.

• Perishable items.

• Products subject to market fluctuations beyond the seller’s control.

• Individual newspapers or magazines.

• Audio, video, or software products with broken seals.

• Hygiene products with broken seals.

Services excluded include:

• Accommodation, transport, catering, or leisure activities with specific dates.

• Services begun with the consumer’s consent before the withdrawal period ends.

• Betting and lottery services.

Article 9 – Prices

Prices will not be increased during the offer period, except for VAT adjustments.

Prices subject to market fluctuations may vary; this must be stated clearly.

Price increases within 3 months of contract conclusion are allowed only if required by law.

Price increases after 3 months are allowed only if agreed upon and the consumer may cancel the contract when the increase takes effect.

All prices are subject to typographical errors; such errors do not bind the seller.

Article 10 – Conformity and Warranty

The seller guarantees that products and/or services comply with the contract, the stated specifications, reasonable expectations of quality and usability, and applicable legal regulations.

Defects or incorrect deliveries must be reported in writing within 30 days of delivery. Products must be returned in original packaging and new condition.

The warranty period matches that of the manufacturer. The seller is not liable for the product’s suitability for individual use or for usage advice.

Warranty is void if:

• The consumer repairs or alters the product.

• The product was handled negligently or against instructions.

• The defect results from government-imposed material regulations.

Article 11 – Delivery and Execution

The seller will take the utmost care in processing and delivering orders. Delivery occurs at the address provided by the consumer.

Orders will be shipped as quickly as possible, no later than 30 days unless otherwise agreed. In case of delay or non-execution, the consumer will be notified within 30 days and may cancel without charge.

If canceled, the seller must refund the full amount within 30 days.

If delivery is impossible, a replacement item may be offered with clear notice. Returns of replacement items are at the seller’s expense.

The risk of damage or loss transfers to the consumer upon delivery by UPS shipping, unless otherwise agreed.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

Consumers may cancel indefinite contracts for regular delivery at any time with a one-month notice.

For fixed-term contracts, cancellation is possible at the end of the term with one month’s notice.

Contracts cannot automatically renew for another fixed period unless otherwise specified by law.

Trial subscriptions end automatically unless the consumer renews.

For contracts longer than one year, the consumer may cancel after one year with one month’s notice.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days of the withdrawal period’s start.

Consumers must promptly report incorrect payment information.

If payment is delayed, reasonable and pre-communicated collection costs may be charged.

Article 14 – Complaints Management

Complaints must be submitted clearly and completely within 7 days of discovering an issue.

Complaints will receive a response within 30 days. If more time is needed, an acknowledgment and estimated timeline will be provided.

A complaint does not suspend payment obligations unless agreed otherwise.

If justified, the seller will replace or repair the product at no cost.

Article 15 – Disputes

All contracts between the seller and consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

In accordance with the 2024 European CESOP regulations (“Central Electronic System of Payment information”), payment service providers may record transaction data in the CESOP system as required by EU law.

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