Terms & Conditions
SECTION 1 – DEFINITIONS
In our Terms & Conditions these terms shall have the following meanings:
- Terms & Conditions: these terms and conditions of sale
- Order: the order of Products through the OOJOO Website
- Order Confirmation: the e-mail sent by OOJOO to you with the acceptance of your Order at the moment the Products are dispatched
- Contract: the contract for the purchase of products between you and OOJOO
- You/Your: the customer who enters a Contract through the Website
- Website: the websites www.oojoo.be or www.oojoo.nl
- OOJOO: The copyrighted and registered brand owned by Mediamind BVBA
- Products: the products OOJOO sells through the Website
SECTION 2 – GENERAL
These Terms & Conditions apply when you purchase Products through the Website and these Products are delivered. Please read these Terms & Conditions carefully before placing an Order. By confirming that you have read and accepted these Terms & Conditions when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms & Conditions.
These Terms & Conditions, along with the Order and the Order Confirmation constitute the contract between you and OOJOO for the supply of Products. Changes in the contract are only valid if they have expressly been agreed upon in writing (this can also be by e-mail).
A copy of these Terms & Conditions is available on the Website.
SECTION 3 – PRODUCT INFORMATION
OOJOO makes reasonable efforts to ensure that the information about Products on the Website is completely accurate. However, OOJOO does not warrant or guarantee that there are no errors in the description and/or pricing of the Products. None of the material contained on the Website is to be relied upon as a statement or representation in relation to Products.
OOJOO makes reasonable efforts to accurately display the properties of Products, including the applicable colours. Because the actual colour you see may depend on your computer system and settings, OOJOO cannot guarantee that the delivered Product completely matches the Product displayed on the Website.
OOJOO reserves the right, at any time and without notice, to modify the information about Products (including information on prices, description and availability) displayed on the Website. However, changes to price, availability or description of Products will not affect already submitted and accepted Orders.
The foregoing will not affect your statutory rights relating to misdescribed Products.
SECTION 4 – PLACING ORDERS
By placing an Order on the Website, you confirm that you are legally capable of entering into binding contracts and that the information which you provide when you place an Order is true, accurate, current and complete. In the case that your are under the age of 18, you are responsible for acquiring the consent of a parent or guardian prior to using the Website or placing an Order.
To place an Order, you select the Products on the Website, place the Products in the shopping cart, select your preferred shipping method and pay for the Products. OOJOO cannot accept Orders placed in any other way than as described above.
By placing an Order you make an offer to us to purchase the Products you have selected. Orders are subject to availability and acceptance by OOJOO. OOJOO may, at any time and at its sole discretion, refuse to accept your Order, including but not limited to the cases where:
- You provided incorrect information;
- The Website contains an error relating to the Products that you have ordered (for example an error relating to the price or description of the Products);
- The Products that you have ordered are no longer available through the Website;
OOJOO will not be liable to you or any third party for withdrawing any Products from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after it is being handled.
If OOJOO cannot accept or process your Order, OOJOO will contact you by e-mail as soon as possible. If OOJOO cannot accept or process your Order because the Products are no longer available, or because of an error in the price and/or other information about the Products for which the Order has been placed, OOJOO will notify you by e-mail. In such case OOJOO will cancel the Order of those Products and the amount you have paid for those Products is refunded.
After placing an Order you receive an automated e-mail confirming receipt of your Order. This e-mail contains the relevant details of your Order. This e-mail does not yet constitute an acceptance of the Order. The Order will be accepted and the Contract will be concluded only when OOJOO dispatches the Products. At such time you will receive an Order Confirmation informing you that the ordered Products have been dispatched.
Orders can be cancelled by you at any time before being accepted by OOJOO. If you wish to cancel your Order please contact us by means of the Contact Form on the Website or by e-mail to email@example.com, quoting the Order number. In case of an accepted cancellation, OOJOO will refund the cost of the Products included in the cancelled Order.
OOJOO will not accept cancellations made in any way other than those listed above. Once your Order has been accepted you may only exercise your right of withdrawal according to the procedure under Clause 9 in this Terms & Conditions.
SECTION 5 – UNAVAILABLE PRODUCTS
OOJOO makes reasonable efforts to ensure that the information about Products displayed on the Website are always accurate. However, when you place an Order certain Products may unfortunately be out of stock.
If OOJOO is unable to supply you the ordered Products within 14 days from the date of your Order, OOJOO will cancel the Order either partially or entirely and refund you the payment for the Products in the cancelled Order.
Your statutory rights relating to the delivery of faulty Products will remain unaffected.
SECTION 6 – PRICES
The prices of the Products are indicated on the Website and are confirmed in the automated e-mail you will receive once you have placed your order. All prices are in Euro and inclusive of VAT.
Delivery costs may apply to the Order as indicated on the Website at the time you submit your Order. Delivery costs will depend on the Order, the place of delivery and your required shipping method.
SECTION 7 – PAYMENT
OOJOO accepts payments by all major creditcards, Bancontact, Belfius Direct Net, ING Home’Pay, KBC/CBC Payment and PayPal.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is placed by you. OOJOO will not accept your Order or supply the Products to you until your credit or debit card issuer has authorised the payment of the Products ordered. In case the issuer refuses to authorise the payment, OOJOO is not liable for any delay or non-delivery of the Products.
SECTION 8 – DELIVERY
Order of Products through the Website can be delivered worldwide.
Delivery will be made via Bpost. The place of delivery will be the delivery address you provided in the Order.
OOJOO makes reasonable efforts to deliver the Products within the delivery time specified on the Website, but OOJOO is not able to guarantee this delivery time. OOJOO is not liable for any loss or damage suffered by you through any delays in delivery. Title to and risk of loss of the Products will pass to you on delivery.
OOJOO will send the Products to you at the delivery address indicated on your Order Confirmation. However, documents will only be sent by e-mail to the e-mail address which you provided at the time of making the Order.
SECTION 9 – WITHDRAWAL
If you have received the ordered Products and are not satisfied with any of them or have changed your mind about purchasing them after receiving the Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 14 (fourteen) calendar days of delivery of the Products, provided that you return the Products to OOJOO according to the procedure indicated in section 11.
Please note that while the Products remain in your possession you are under a duty to ensure that the Products are kept safe, secure and in good condition.
SECTION 10 – WARRANTY
OOJOO provides a two-year warranty on the Products. In case a Product is faulty, you may exercise your right of warranty by notifying us by e-mail and returning the faulty Product to OOJOO according to the procedure indicated in section 11. If OOJOO establishes that the Product is indeed faulty, the faulty Product will be replaced.
SECTION 11 – RETURNS & REFUNDS
Only unworn and clean products can be returned for refunding with the exception of defective warranty Products in article 10. The shipping cost to OOJOO is paid by the customer. The refund cost from OOJOO to the customer are paid by OOJOO.
In order to return Products, use the Returns & Refunds form and return the ordered Products to our return address as explained in the Confirmation e-mail you will receive. Within an average 14 days of receipt, the amount of the payed Products will be refunded.
SECTION 12 – LIABILITY
The Products are solely made to wear as a bracelet on one’s wrist and for fashion purposes only. The Products are not made for any other use or purpose whatsoever. The Products contain small bits and pieces which could cause choking hazard and are therefore not suitable for children under the age of four (4). OOJOO is not liable for damages resulting from the (improper) use of the Products, which includes but is not limited to damages by physical injury.
OOJOO is, except for the case of intent or gross negligence, in no way liable for any damages resulting from inaccuracy and/or incompleteness and/or wrongfulness of the content of the Website, the (incorrect) use of the Website and the providing of inaccurate data.
Damages which are in your opinion due to intent or gross negligence of OOJOO, shall be reported to OOJOO in writing as soon after the occurrence of the damage as possible. Damages which are not reported to OOJOO as soon as possible can not be compensated, unless you can argue convincingly that you were reasonably unable to report the damages sooner.
In case, despite the provisions in this paragraph, at any moment a liability of OOJOO arises, this liability is limited to the maximum of the amount of the invoice charged by OOJOO. Every claim to compensation for damages expires one month after the event that has caused the damages.
Nothing in these Terms & Conditions shall affect your statutory rights as a consumer and your rights of warranty.
SECTION 13 – COMPLAINTS
In the case you have a complaint or other comment to make please contact OOJOO by e-mail to firstname.lastname@example.org at the earliest possibility. OOJOO will reply to any customer complaints as soon as possible and within a maximum of 10 working days.
SECTION 14 – PROCESSING OF PERSONAL DATA
SECTION 15 – INTELLECTUAL PROPERTY RIGHTS
The OOJOO trademark as well as all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on its products, accessories or packaging, whether registered or not, are and remain the exclusive property of OOJOO and its affiliated companies. It is strictly forbidden to reproduce trademarks referred to, pictures, images and logos, whether complete, partial or modified, without the prior express written permission of OOJOO, in any way. Violation of this prohibition are subject to prosecuted.
The OOJOO brandname is filled for registration at BOIP with Application Number 1373179.
SECTION 16 – CIRCUMSTANCES BEYOND THE CONTROL OF OOJOO
OOJOO makes reasonable efforts to perform its obligations under these Terms & Conditions. However, OOJOO cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond its reasonable control, including, without limitation, natural disaster, explosion, flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of its supplier(s), failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
SECTION 17 – RESALE OF PRODUCTS
The Products are only distributed through the Website. You may not misrepresent yourself as being an authorised resellers or as being qualified to resell the Products. OOJOO reserves the right to refuse the acceptance of your Order if it suspects that you intend to resell its Products.
SECTION 18 – CONCLUDING PROVISIONS
These Terms & Conditions are governed by the Belgian laws with exclusion of the UN Convention on the International Sales of Products.
In case either party fails to enforce any term of these Terms & Conditions, this does not constitute a waiver of such term or in any way affect the right to later enforce such term.