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Terms and Conditions

Terms and Conditions

OASAPLEASURE.COM

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offering articles
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution**
Article 14 – Duration Transactions: Duration, Termination, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Industry Guarantee
Article 19 – Additional or Deviating Provision
Article 20 – Amendments to the General Terms and Conditions Thuiswinkel

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Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary Agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.
2. Reflection Period: The period during which the consumer may exercise their right of withdrawal.
3. Consumer: The natural person who does not act for purposes related to their 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 that involves the regular delivery of goods, services, and/or digital content over a certain period.
7. Durable Medium: Any device that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.
8. Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the reflection period.
9. Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.
10. Distance Contract: A contract concluded between the entrepreneur and the consumer under an organized system for remote sales of products, digital content, and/or services, where exclusive or additional use is made of one or more remote communication techniques up to and including the conclusion of the contract.
11.Model Withdrawal Form: The European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be provided if the consumer has no right of withdrawal in relation to their order.
12. Remote Communication Technology: A means that can be used for concluding a contract without the consumer and the entrepreneur having to be in the same place simultaneously.

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Article 2 – Identity of the Entrepreneur

Company Name: OASA PLEASURE by ESQA BV
Registered Address: Haarlemmerstraatweg 32, 2343LB, Oegstgeest
Office Phone Number: 071-3626162 (during office hours)
Customer Email: customercare@oasapleasure.com
Wholesale Email: wholesale@oasapleasure.com
Chamber of Commerce Number: [To be added]
VAT Identification Number: [To be added]

Article 3 – Applicability

1.     These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2.     Before the distance contract is concluded, the text of these general terms and conditions will be 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 accessed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.
3.     If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically, and that they will be sent to the consumer free of charge electronically or in another manner upon request.
4.     In cases where specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

1.     If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2.     The offer includes a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3.     Every offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
  4. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all other facts and factors relevant to responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.
  5. No later than upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:
  6. The business address of the entrepreneur’s establishment where the consumer can file complaints;
  7. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
  8. Information about warranties and any existing after-sales service;
  9. The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
  10. The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
  11. If the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of a continuous transaction, the provisions of the previous paragraph apply only to the first delivery.

Article 6 – Right of Withdrawal

For Products:
The consumer may dissolve an agreement related to the purchase of a product within a reflection period of at least 14 days without stating any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide it.
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
If the consumer has ordered multiple products in one order: the day on which the consumer, or a designated third party, receives the last product. The entrepreneur may refuse an order consisting of multiple products with different delivery times, provided that they have clearly informed the consumer of this before the ordering process.
If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, receives the last shipment or the last part.
In the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a designated third party, receives the first product.

For Services and Digital Content Not Supplied on a Tangible Medium:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within at least 14 days without stating any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require them to provide it.
The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Supplied on a Tangible Medium If No Information on the Right of Withdrawal Is Provided:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the Consumer During the Reflection Period

1.     During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
2.     The consumer is liable only for any depreciation in the product’s value resulting from handling the product in a manner beyond what is permitted in paragraph 1.
3.     The consumer is not liable for any depreciation in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return deadline if they send the product back before the reflection period has expired.
  3. The consumer must 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 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 unless the entrepreneur has not informed them that they must bear these costs or if the entrepreneur indicates they will cover the return costs.
  6. If the consumer withdraws after having explicitly requested that the provision of a service or the supply of gas, water, or electricity (which was not prepared for sale in a limited volume or set quantity) begins during the reflection period, the consumer must pay the entrepreneur an amount proportional to the portion of the agreement that has been fulfilled at the time of withdrawal, compared to full compliance with the agreement.
  7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity (not prepared for sale in a limited volume or quantity) or district heating if:
  8. The entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or;
  9. The consumer has not explicitly requested the commencement of the service or supply of gas, water, electricity, or district heating during the reflection period.
  10. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
  11. They have not expressly agreed, before delivery, to the commencement of the agreement’s fulfillment before the end of the reflection period;
  12. They have not acknowledged that they lose their right of withdrawal upon giving consent; or
  13. The entrepreneur has failed to confirm this statement from the consumer.
  14. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1.     If the entrepreneur enables the consumer to submit a withdrawal notification electronically, the entrepreneur must promptly send a confirmation of receipt upon receiving this notification.
2.     The entrepreneur must refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof of having returned the product, whichever occurs first.
3.     The entrepreneur must use the same payment method for the refund as was used by the consumer unless the consumer agrees to a different method. The refund must be free of charge for the consumer.
4.     If the consumer has chosen a delivery method more expensive than the standard, least costly option, the entrepreneur is not required to refund the additional costs incurred for the more expensive delivery method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer or at least before the conclusion of the agreement:

  1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to consumers who are physically present or have the opportunity to be physically present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
  3. Service agreements after the full performance of the service, but only if:
  4. Execution has begun with the consumer’s explicit prior consent; and
  5. The consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
  6. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.
  7. Service agreements for the provision of accommodation, if a specific date or period of performance is included in the agreement and the service is not for residential purposes, goods transport, car rental services, or catering.
  8. Agreements related to leisure activities if the agreement specifies a particular date or period for performance.
  9. Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person.
  10. Products that deteriorate quickly or have a limited shelf life.
  11. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
  12. Products that, by their nature, become inseparably mixed with other products after delivery.
  13. Alcoholic beverages for which the price was agreed upon at the time of concluding the agreement but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
  14. Sealed audio or video recordings and computer software, where the seal has been broken after delivery.
  15. Newspapers, magazines, or journals, except for subscriptions to these publications.
  16. The supply of digital content not delivered on a tangible medium, but only if:
  17. Execution has begun with the consumer’s explicit prior consent; and
  18. The consumer has acknowledged that they lose their right of withdrawal by doing so.

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 resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on market fluctuations and the fact that any stated prices are indicative must be clearly mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
  4. Price increases that occur more than 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. They result from legal regulations or provisions; or
  6. The consumer has the right to terminate the agreement from the date on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the Agreement and Additional Warrant

1.     The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2.     Any additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its obligations under the agreement.
3.     An additional warranty is understood to mean any commitment by the entrepreneur, its supplier, importer, or producer in which specific rights or claims are granted to the consumer that go beyond the legal obligations in the event of non-fulfillment of the entrepreneur’s obligations under the agreement.

Article 13 – Delivery and Execution

1.     The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests for the provision of services.
2.     The delivery address shall be the address provided by the consumer to the entrepreneur.
3.     Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.
4.     Following termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
5.     The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Long-Term Transactions: Duration, Termination, and Renewal

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

2. The consumer may terminate a fixed-term agreement, which involves the regular delivery of products (including electricity) or services, at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs:
– At any time and without being restricted to termination at a specific time or during a specific period.
– In the same manner as the agreement was originally entered into.
– With the same notice period that the entrepreneur has set for itself.

Renewal:
4. A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
5. As an exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
5. A fixed-term agreement involving 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.
6. If the agreement involves the regular delivery of daily, news, or weekly newspapers and magazines less frequently than once per month, the maximum notice period shall be three months.
7. A limited-duration agreement for the regular delivery of daily, news, or weekly newspapers and magazines as a trial or introductory subscription shall not be automatically continued and will terminate automatically at the end of the trial or introductory period.

Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate that termination before the end of the agreed duration is not justified.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days from the start of the withdrawal period, or, if no withdrawal period applies, within 14 days from the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
  2. 2. When selling products to consumers, the consumer may never be required to make an advance payment of more than 50% under general terms and conditions. If advance payment has been agreed upon, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
  3. The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.

If the consumer fails to meet their payment obligation(s) on time, they will be notified by the entrepreneur of the late payment and will be granted an additional period of 14 days, starting from the day after receiving the reminder, to fulfill their payment obligations. If payment is still not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs shall be a maximum of:
15% of outstanding amounts up to €2,500,
10% of the next €2,500,
5% of the following €5,000,
with a minimum charge of €40.
The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

1.     The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2.     Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3.     Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will provide an acknowledgment of receipt within 14 days along with an indication of when the consumer can expect a more detailed response.
4.     The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, the dispute becomes subject to the dispute resolution procedure

Article 17 – Disputes

Agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law. If the entrepreneur directs its activities toward the country where the consumer resides, the consumer may also invoke the mandatory consumer law of their country.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 19 – Amendments to the General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer shall prevail.

 

 

Appendix I: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: OASA PLEASURE
Address: Haarlemmerstraatweg 32, 2343LB, Oegstgeest
Email: customercare@oasapleasure.com

I/We* hereby inform you that I/we* withdraw from our contract concerning the purchase of the following goods: [Specify product]* / the delivery of the following digital content: [Specify digital content]* / the provision of the following service: [Specify service]*.

– Ordered on*/Received on*: [Date]
– Name of Consumer(s):
– Address of Consumer(s):
– Signature of Consumer(s) (only if this form is submitted on paper)

(* Delete as appropriate.)

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