Terms of service.
In case of any issues or questions relating to your order, reach out to us at oasisofcalmness@hotmail.com and we promise to resolve or answer them in a reasonable and respectful way as soon as possible.
Article 1 – Definitions
In these conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s ability to refrain from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products, digital content, and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for remote communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal for his order;
12. Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to be simultaneously present in the same space.
Article 2 - Identity of the entrepreneur
Oasis of Calmness
Bilderdijkkade 56E, 1015VN, Amsterdam
Phone number: 0622798164, available Monday to Friday during office hours
Email address: oasisofcalmness@hotmail.com
Chamber of Commerce (KvK) number: 92480721
VAT identification number: NL004961428B07
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge at the consumer’s request as soon as possible.
3. 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 - The Offer
1. If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. All forms of information on this website are drawn up and checked for correctness, being current, and completeness with the utmost care. Despite these efforts, the entrepreneur cannot accept any liability for the incompleteness or inaccuracy of the content of this website. The entrepreneur does not guarantee obvious typographical errors. No rights can be derived from the information.
Article 5 - The Agreement
1. 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 set.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
4. Within the framework of the law, the entrepreneur can inform himself about the consumer’s payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For products:
1. The consumer can terminate an agreement related to the purchase of a product within a cooling-off period of 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to state their reason(s).
2. The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they have clearly informed the consumer of this before the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day the consumer, or a third party designated by them, received the last shipment or part;
c. for agreements for regular delivery of products over a specified period: the day the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium for at least 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the withdrawal form, the cooling-off period ends twelve months after the end of the originally determined cooling-off period according to the preceding paragraphs of this article.
Article 7 - Consumer’s Obligations During the Cooling-off Period
1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is solely liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The depreciation of the product resulting from handling beyond what is permitted in paragraph 1 amounts to 25%.
4. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the Consumer’s Right of Withdrawal and Costs
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unequivocal manner.
2. The consumer shall return the product as soon as possible but no later than 14 days from the day following the notification referred to in paragraph 1, or he shall hand it over to the entrepreneur or a representative thereof. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after having explicitly requested the commencement of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment already fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly agreed to start compliance with the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.
Article 9 - Entrepreneur’s Obligations in Case of Withdrawal
1. If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall promptly send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever occurs earlier.
3. The entrepreneur uses the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence and that may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be present at the auction, led by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package holidays as referred to in Article 7:500 Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements related to leisure activities if a specific date or period of performance is provided for in the agreement;
7. Custom-made products produced according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that, by their nature, are irreversibly mixed with other products after delivery;
11. Alcoholic beverages for which the price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines, or periodicals, with the exception of subscriptions to these;
14. The delivery of digital content not supplied on a tangible medium, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal in this case.
Article 11 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 - Performance of the Agreement and Additional Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use other than normal use.
2. An extra warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra warranty is understood to mean any commitment from the entrepreneur, his supplier, importer, or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Article 13 - Delivery and Execution
1. The entrepreneur will observe the greatest possible care when receiving orders for products and when assessing applications for the provision of services and in the execution of such orders.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. The entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer promptly.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination, and extension
Termination:
1. The consumer can terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
a. at any time and is not limited to termination at a specific time or in a specific period;
b. at least terminate in the same manner as they were entered into;
c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
5. Contrary to the preceding paragraph, an agreement entered into for a definite period and which concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which concerns the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is at most three months in the case the agreement concerns the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration:
8. 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 agreed duration ends.
Article 15 – Payment
1. Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received the confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obligated in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has taken place.
3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer fails to meet his payment obligations on time, after the entrepreneur has pointed out the late payment and has given the consumer a 14-day period to still meet his payment obligations, the consumer is in default of the statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur can deviate from these amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely manner after the consumer has discovered the defects, fully and clearly described.
3. 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 a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 18 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.