Terms and Conditions
The general conditions of Overmania.nl
Article 1: Applicability of general conditions
These general conditions for delivery apply to all agreements that you conclude with the seller, whether it concerns deliveries of articles or the delivery of services. By ordering you indicate that you agree with the general terms and conditions of delivery.
Article 2: Order and formation agreement
All offers made by the seller are made without obligation and are made by publication on the website. Photo of the displayed product can always be slightly different.
Seller is never obliged to an offer if there is printing, typesetting or programming errors of, among other things, her catalogs, mailings or website.
The agreement only comes into effect when the seller sends an order confirmation to the buyer (by e-mail). An order confirmation will not be sent by the seller prior to receipt of an order form fully completed by the buyer.
Buyer can send the order form by electronic shipment on the website.
An order is not valid if the seller can not unambiguously determine his or her permanent place of residence or stay. By ordering, a 'buy-at-distance' is established, in accordance with article 7:46 paragraph a through j of the Dutch Civil Code.
In individual cases, the seller may decide to refuse orders or impose a further condition before proceeding with delivery. The seller is not obliged to give further reasons for this refusal.
Article 3. Prices and payments
All prices are expressed in Euro (€) and including sales tax (VAT).
However, the articles and margin articles used are covered by the Margin scheme and are not subject to VAT.
If a price is incorrect on the site or on the order confirmation, the seller retains the right to charge the correct price.
Payment can be made through bank or Paypal.
In case of payment by bank, the date of payment is the date of crediting the account of the seller.
Article 4. Delivery and shipping costs
The delivery times stated on the website are indicative and determined on the basis of available stocks, any (post-) delivery periods and delivery in the Netherlands. A specified delivery time is therefore never a fatal deadline.
Should the seller, for whatever reason, not be able to deliver, the buyer will be informed of this as soon as possible and the opportunity is offered to dissolve the agreement free of charge. Payments that the seller has already received will be paid back to the bank or giro account of the buyer within fourteen days upon termination of the agreement.
Buyer receives an invoice upon delivery of the ordered items.
At the prices quoted on this website, the seller will charge 2.75 euro for mail delivery for parcel post 6.75 euro.
The aforementioned shipping costs do not apply to delivery to countries other than the Netherlands. The seller will inform buyer by e-mail of the actual shipping costs. Delivery to the foreign country takes place no sooner than after a written confirmation from the buyer in which the actual shipping costs are accepted.
If the buyer has moved and has not made this known to the seller, then an episode at the last home address made known to the seller shall count as a valid delivery. Seller is not liable for any damage that buyer may suffer because the delivery did not take place at the actual address.
Article 5. Defects - Returns
The buyer is only entitled to return the articles within 14 days after actual delivery, in their original condition and after consultation with the seller, if the product does not function. The shipping costs of the return shipment are at the expense of the buyer. The product will be replaced. If this is not possible, the amount already paid by the buyer, reduced by shipping and administration costs (5 euros), will be paid back to the bank or giro account of the buyer within 14 days after the seller has actually returned the items.
After the period of fourteen days, the buyer can no longer return his or her purchase
Article 6. Returns
Only possible in the undamaged, original packaging within 14 days of purchase (14 days)
a. Returning hygiene products such as flask machines, headphones, earplugs and heart rate monitors can be done in the original box for up to 14 days after purchase.
b. For articles with seal applies; article opened and the seal broken, the possibility of returning with right to financial restitution expires. If there is a broken seal and / or traces of use, as determined by our service department, any right to a refund lapses.
c. Articles without a seal may be unpacked provided that the packaging remains intact, viewed and, in the event of dissatisfaction, returned in the undamaged original packaging, subject to our terms of service regarding return. In case of suspicion of use due to the determination of traces of use by our service department, there will be no possibility of a refund of finances.
Article 6. Insured shipping
If you opt for insured shipping, the risk of loss or damage to your order will be borne by the seller.
You do not have to resolve a dispute with our carrier DPD.
Article 7. Liability
seller is only liable for damage suffered by the buyer if this damage can be attributed to the seller or if it is at the risk of the seller by virtue of mandatory legal provisions.
The seller is not liable for the consequences of incorrect or incomplete information in its catalogs, mailings or on the website.
If the seller fails attributably in the fulfillment of its obligations towards the buyer, the seller is liable to the buyer for compensation for the damage suffered by the buyer. However, the seller is only liable for direct damage, which is exclusively understood to mean:
1. damage caused directly to material items;
2. reasonable and demonstrable costs incurred to determine the cause and extent of the damage insofar as it relates to the direct damage as referred to here;
3. reasonable and demonstrable costs incurred by the buyer for the sale or limitation of direct damage as referred to here.
The direct damage as referred to above is eligible for compensation up to a maximum of the amount of the purchase price of the relevant articles or, if it concerns the provision of services, up to a maximum of the value of this service. Any other damage than described above will not be compensated by the seller. This means that under no circumstances will any compensation be paid for consequential damage, such as loss of profit or reduced proceeds, immaterial damage and pure financial damage other than those referred to under 2. and 3.
The seller is not liable for any damage if it is caused by a shortcoming that is the result of force majeure. Force majeure exists if the shortcoming is the result of circumstances beyond the control of the seller, which in any case includes:
- illness of the seller or the seller's personnel;
- war or similar situations;
- riots, sabotage, boycott, strike, occupation, blockade;
- failure of suppliers and / or transporters of the seller;
- government measures (including a foreign government), such as a transport, import or production ban;
- natural disasters, bad weather, lightning strike, fire, explosion and release of hazardous substances and gases.
The seller is not liable for any damage that the buyer has made known to the seller in writing later than 7 calendar days after discovery of that damage.
The buyer is not permitted to set off any alleged claim for compensation with any amount that the buyer owes the seller under any agreement between the buyer and the seller.
Natural persons or legal persons who are employed by the seller, or who belong to the seller's group and / or who are used by the seller in the performance of any agreement between the buyer and the seller and who are held liable by the buyer for compensation invoke the provisions of these "General Terms and Conditions for Delivery".
Without prejudice to its other rights, in the event of force majeure, the seller has the right, at its own discretion, to suspend the execution of the buyer's order or to dissolve the agreement without judicial intervention by notifying the buyer in writing. The seller is not obliged to pay any compensation, unless this would be unacceptable in the given circumstances following standards of reasonableness and fairness.
Article 8. Privacy statement
seller adheres to the Data Protection Act and will only use the buyer's data for processing and administrative handling of the order. The details of the buyer will not be provided to third parties unless there is a compelling reason to do so.
Article 9. Disputes
seller has the right to submit a dispute to the competent court according to the law.
The parties will only appeal to the courts after they have made every effort to resolve a dispute by mutual agreement.
Article 10. Applicable law
Dutch law applies to every agreement between seller and buyer.
In the event of an explanation of the content and scope of these "General Terms and Conditions for Delivery", the Dutch text will always be decisive
Article 11. AfterPay