Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Long-term Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Reflection Period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Long-term Transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
• Durable Medium: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of Withdrawal: The ability of the consumer to cancel the distance contract within the reflection period.
• Model Form: The model form for withdrawal provided by the entrepreneur that a consumer can complete to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance Contract: A contract concluded as part of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
• Means of Distance Communication: A tool that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same space.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Odin Designs

Email address: info@odindesigns.nl

Chamber of Commerce number: 95595996

VAT identification number: NL005163217B37

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
• 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request.
• If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of derogation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
• In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always rely on the provision most favorable to them.
• If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original provision as closely as possible.
• Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these terms and conditions.
• Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
• The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
• Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used communication method;
• whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• the manner in which the consumer can check and, if necessary, correct the information provided by them as part of the agreement before concluding it;
• any other languages in which, besides Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.

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 complies with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may—within legal frameworks—gather information about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:

• the address of the entrepreneur's establishment where the consumer can lodge complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information on guarantees and existing after-sales services;
• the data included in article 4, paragraph 3, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

1. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
2. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This reflection period starts on the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.
2. During the reflection period, the consumer shall handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product, including all accessories provided, and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product by completing the provided model form. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely return, such as a proof of shipment.
4. If the consumer has not exercised their right of withdrawal within the reflection period mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase becomes final.

For the delivery of services:

1. When providing services, the consumer has the right to dissolve the agreement without providing any reason for a period of at least 14 days, starting from the day the agreement was entered into.
2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or, at the latest, upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the maximum costs incurred will be those of returning the product.
2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the entrepreneur has received the returned product or conclusive proof of its return.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for the products specified in paragraphs 2 and 3, but only if the exclusion was clearly stated in the offer or, at the latest, prior to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for:

• Products made to the consumer's specifications;
• Products that are clearly personal in nature;
• Products that cannot be returned due to their nature;
• Products that can spoil or age quickly;
• Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
• Loose newspapers and magazines;
• Audio, video recordings, and computer software where the seal has been broken by the consumer;
• Hygienic products where the seal has been broken by the consumer.

1. Exclusion of the right of withdrawal is only possible for services:

• Relating to accommodation, transportation, catering, or leisure activities on a specific date or during a specific period;
• Where the delivery has begun with the express consent of the consumer before the reflection period has expired;
• Relating to betting and lotteries.

Article 9 - The Price

1. During the validity period mentioned 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 control, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
3. Price increases within 3 months of the agreement being concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement has been concluded are only permitted if the entrepreneur has stipulated this and:

• They result from statutory regulations or provisions; or
• The consumer has the right to terminate the agreement from the day the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the erroneous price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable standards of reliability and/or usability, and any existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can exercise against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions provided by the entrepreneur and/or the packaging;
• The defect is wholly or partially the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

• The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
• The delivery address shall be the address provided by the consumer to the entrepreneur.
• Subject to the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without incurring any costs. The consumer is not entitled to compensation.
• All delivery periods are indicative. The consumer cannot derive any rights from these periods. Exceeding a delivery period does not entitle the consumer to compensation.
• In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
• If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement product. The delivery of a replacement product will be clearly communicated to the consumer at the time of delivery. The right of withdrawal cannot be excluded for replacement products. The cost of returning a replacement product shall be borne by the entrepreneur.
• The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative, unless explicitly agreed otherwise.

Article 12 - Long-term Transactions: Duration, Termination, and Renewal

Termination

• The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate an agreement concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate the agreements referred to 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 they were entered into;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

• A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
• By way of exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
• A fixed-term agreement that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement concerns the regular but less frequent than monthly delivery of daily, news, and weekly newspapers and magazines.
• A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines as an introductory or trial subscription shall not be tacitly continued and will automatically terminate at the end of the trial or introductory period.

Duration

• 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 end of the agreed term.

Article 13 - Payment

• Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the commencement of the reflection period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
• The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.
• In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge any reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

• The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
• Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days after the consumer has identified the shortcomings, fully and clearly described.
• Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
• If a complaint cannot be resolved in mutual consultation, it becomes a dispute subject to the disputes resolution process.
• Consumers should first address their complaints to the entrepreneur. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
• If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

• Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
• The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

• Additional or deviating provisions from these general terms and conditions must not disadvantage the consumer and must be recorded in writing or in such a way that they can be accessed and stored by the consumer on a durable medium.