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ALGEMENE VOORWAARDEN

TERMS AND CONDITIONS

Artikel 1 – Definitions

In these terms and conditions the following terms are defined as:

  1. Reflection period: the period in which the client can make use of his right of withdrawal.
  2. Client: the human being that acts on behalf of a profession or business and enters in to a distance contract with OD Communications B.V.
  3. Day: calendar day.
  4. Right of withdrawal: the client´s possibility to cancel the distance contract within the reflection period.
  5. Undertaking: the legal person who offers products and/or services to the client from a distance.
  6. Distance contract: an agreement whereby, within the scope of a system organized by OD Communications B.V. for the distance selling of products and/or services, including concluding an agreement, only one or more techniques for distance communication are used.
  7. Technology for remote communication: means that can be used for concluding an agreement, without the client and undertaking being in the same place at the same time.
  8. Terms and conditions: these terms and conditions of OD Communications B.V.
Article 2 – Identity of the Company

Name of the company:        Onedirect

Statutory name:                   OD Communications B.V.

Address:                               Zekeringstraat 17 A, 1014BM Amsterdam, Netherlands

Telephone number:             +31 085 888 3452 (Monday-Friday between 8.30 and 18.00 UTC+01)

E-mail address:                    contact@onedirect.co.nl

KvK-number:                        65197380

VAT identification number: NL856016111B01

Article 3 – Scope of the Terms and Conditions
  1. These terms and conditions apply to each product as offered by OD Communications B.V. as well as each agreed distance contract and order between OD Communications B.V. and the consumer unless otherwise agreed upon in writing. This applies to every order and delivery of products as sold by OD Communications B.V. through the catalog, promotional material, e-mail, post, fax, website or telephone.
  2. Before concluding the distance contract, the content of these terms and conditions must have been made available to the consumer. In case this is not possible due to reasonable circumstances, it shall be implied that the general terms and conditions can be viewed at OD Communications B.V. and if requested OD Communications B.V. shall send this as soon as possible free of charges to the consumer before the distance contract is concluded.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the full content of these terms and conditions is made available electronically to the consumer in a particular way that can be easily stored by the consumer on a durable medium. If this is not possible due to reasonable circumstances, before the distance contract is concluded it shall be indicated where the terms and conditions can be consulted electronically and if requested OD Communications B.V. shall send the terms and conditions by electronic means -or otherwise- free of charge.
  4. Products that are sold by OD Communications B.V. are exclusively aimed at customers that act in professional capacity (hereinafter referred to as ´client´). At the moment the order is placed at OD Communications B.V., the client agrees that he/she acts in context of his/her professional activity and is therefore not considered a consumer as defined in the European Consumer Law. This is considered a crucial factor when entering into a contract with OD Communications B.V.
  5. In case one or more provisions as defined in these terms and conditions are nullified or destroyed at any time, whole fully or partially, the agreement and these conditions remain valid and the stipulation in question shall be replaced without delay by a provision that the scope of the original provision addresses as much as possible.
  6. Situations that are not regulated in these terms and conditions must be assessed ´in the spirit´ of the terms and conditions as stated in this document.
  7. Lack of clarity about the explanation or content of one or more provisions of these conditions should be explained ´in the spirit´ of the terms and conditions as stated in this document.
Article 4 – The Offer
  1. In case the offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
  2. The offer is without obligation. OD Communications B.V. is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description of the offer is sufficiently detailed to allow a good assessment of the offer by the client. Supposed mistakes or errors in the offer do not bind OD Communications B.V.
  4. All images, specifications and data in the offer are an indication and cannot be used as a justification for any claim of compensation from OD Communications B.V. or dissolution of the agreement.
  5. Each offer contains sufficient information to clarify what the rights and obligations of the client are that are connected to the acceptance of the offer. This concerns in particular:
    • the price including and excluding taxes (VAT), see article 9;
    • the manner in which the agreement shall be concluded and which actions are necessary in this process;
    • 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 OD Communications B.V. guarantees the price;
    • the extent of the tariff for distance communication if the costs of using the technique for distance communication are calculated different basis then the regular basic tariff for the used communication tool; and
    • any other languages in which, in addition to English, the agreement can be concluded (Dutch - Nederlands).
Article 5 – The Agreement
  1. Subject to the provisions of paragraph 4 the agreement is concluded at the moment of acceptance by the client of the offer and the fulfillment of the corresponding conditions.
  2. In case the client has accepted the offer electronically, OD Communications B.V. shall immediately confirm this electronically by sending the receipt of the order to the client. Until the receipt has not been confirmed by OD Communications B.V., the client can terminate the agreement.
  3. If the agreement is concluded electronically OD Communications B.V. shall take appropriate and both technical and organizational measures to secure the electronic transfer of data and he shall ensure a secure web environment. If the client is able to pay electronically OD Communications B.V. shall take appropriate security measures.
  4. OD Communications B.V. can –within legal frameworks- inform whether the client can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If OD Communications B.V. has sufficient reasons not to enter the agreement based on this investigation, OD Communications B.V. has the right to refuse an order as well as to request special conditions for the execution of the agreement.
  5. The following information shall be made available and accessible to the client before buying a product:
    1. the conditions under which and the manner in which the client can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
    2. the information about warranty and existing service after purchase;
    3. the information included in article 4 paragraph 3 of these terms and conditions, unless OD Communications B.V. has already provided this information to the client before the agreement was executed;
    4. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
  1. When purchasing products, the client has the possibility of dissolving the agreement without giving any reason within 14 days. This reflection period starts on the day the receipt of the product arrives at the client or a representative designated in advance by the client, and made known to the entrepreneur. After receiving the return request, the entrepreneur will send a return reference number and return label.
  2. During the cooling-off period, the client will handle the product and the packaging with care. The item must be unopened in the original packaging when it is returned.
  3. Products must be returned within 14 calendar days after the client has received the return reference number and return label. The client must prove that the goods delivered were returned on time, for example by means of proof of shipment.
  4. If the client exercises his right of withdrawal, he will return the product in its original packaging, together with a copy of the invoice and the return reference number clearly marked on the packaging.
  5. The entrepreneur is not responsible or liable for risks of transport or for any return costs.
  6. Upon receipt of the returned products, these will be thoroughly checked for any damage to the product or packaging. If the products do not return within the specified time or within the required conditions, the entrepreneur has the right to charge a penalisation. In the event that the products are returned in an opened package, 30% of the original invoice will not be credited by the entrepreneur.
  7. If, at the end of the period referred to in paragraph 1, the client has not indicated that he wishes to make use of his right of withdrawal, respectively. the product has not been returned to the entrepreneur, the purchase is a fact.
  8. Credit notes have a validity period of one year after issue. No credit note or refund will be given if:
    1. the returned products are adjusted, damaged or incomplete;
    2. the products have not been returned under the conditions as mentioned above. Products that have been modified at the request of the client can under no circumstances be returned, unless they are defective.
Article 7 – Costs in the event of cancellation
  1. If the client exercises his right of withdrawal, the costs of return will be for his account. This means that an amount of 11€ excl. VAT will be credited on the original invoice to cover the costs of the return label. The client can also opt to return the products themselves.
  2. If the client has paid an amount, the entrepreneur will refund this purchase amount as soon as possible, but no later than within 14 days after receipt of the returned products. The condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the client unless the client gives explicit permission for a different payment method.
  3. In the event of damage and / or opened packaging of the product due to improper handling by the client himself, the client is liable for any depreciation of the product.
Article 8 – Exclusion of the right of withdrawal
  1. The entrepreneur can exclude the client's right of withdrawal or apply a penalisation for products as described in article 8.2. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal also applies to products:
    1. that are clearly personal in nature;
    2. that cannot be returned due to their nature;
    3. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
    4. for audio and video recordings and computer software of which the client has broken the seal;
    5. for hygienic products of which the client has broken the seal;
    6. for products that are CTO (custom made to order) or BTO (build to order);
    7. for all purchased guarantees
Article 9 – The Price
  1. During the period mentioned in the offer, the prices of the products and/or services shall not be increased except for price changes due to changes in VAT.
  2. Contrary to the previous paragraph, OD Communications B.V. can offer products or services whose prices are subject to fluctuations in the financial market and where OD Communications B.V. has no influence with variable prices.
  3. The prices stated in the range of products or services are visible, both including VAT and excluding VAT.
  4. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, OD Communications B.V. is not obliged to deliver the product at the wrong price.
  5. The total price of products and services, applicable taxes, shipping costs and related costs are stated on the issued invoice of OD Communications B.V. Unless specific provisions apply, price lists and offers correspond to the applicable prices at the time of design of the catalog. Website updates are not binding beyond this point.
  6. Orders accepted by OD Communications B.V. are subject to price increases imposed on OD Communications B.V. by the suppliers. Also orders that are accepted by OD Communications B.V. are subject to the circumstances that are beyond the control of undertaking which may cause impossible or more expensive delivery.
Article 10 – Conformity and Warranty
  1. OD Communications B.V. warrants that the provided 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 rights/provisions/government regulations existing on the date of the conclusion of the agreement. OD Communications B.V. does not guarantee that all products are suitable for the client or fully meet the specific requirements for which they are intended.
  2. A guarantee provided by OD Communications B.V., manufacturer or importer does not affect the legal rights and claims that the client can assert against OD Communications B.V. under the contract.
  3. Any defects or incorrectly delivered products must be reported to OD Communications B.V. in writing within 14 days of delivery. When returning the products they are obliged to be in the original packaging and in new condition.
  4. The warranty period of the products correspond with the original manufacturer´s guarantee period. OD Communications B.V. offers as a service, the first year after delivery of the products, to take charge of repairs and replacements within warranty. After the first year, the client will contact the manufacturer himself for all warranty-related questions. OD Communications B.V. is never responsible for the ultimate suitability of the products for each individual application by the client, nor for any advice regarding the use or application of the products.
  5. The stated warranty period on the product page is an indication of the manufacturer's warranty and may differ. For packs and bundle items, the warranty term refers to the term of the main product.
  6. OD Communications B.V. is in no case liable for the repair of incidental damage such as, but not limited to, loss of income, profit, turnover, damage to the image or reputation, etc. Liability and application of conventional guarantees is excluded in the following cases:
    1. Unauthorized or incorrect use of the products by the client;
    2. Damage due to normal wear and tear or products;
    3. Damage to the products and/or accidents resulting from carelessness such as cracks, fractures, humidity, incorrect temperature, rusting, spilled liquid;
    4. If the client has repaired and/or processed the delivered products himself or has them repaired and/or by third parties;
    5. If the delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of OD Communications B.V. and/or on the packaging have been treaded;
    6. If the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or the quality of materials used;
    7. When converting products or incompatibility with other materials.
    8. If the cause of the problem is strongly related to possible human errors such as typing errors on the website or miscommunications by an employee of OD Communications B.V. through Livechat or telephone calls.
    9. With due observance of the aforementioned exclusions of liability it has been agreed that in case of liability the right to compensation is limited to the purchase price that the client has paid for the product.
Article 11 – Quotations and Orders
  1. Offers are only valid if they are made in written form and include an indication of the fixed duration. If the duration of the contract is not stated, a term of 1 month applies.
  2. Orders can be placed online, via the telephone, mail (with letterhead or stamp of the company) or e-mail.
  3. The contract comes into effect after formal acceptance by OD Communications B.V. of the order placed by the client. OD Communications B.V. shall respond to this by sending an order confirmation to the client via the most suitable means of communication.
  4. The client must check the confirmation and inform OD Communications B.V. immediately if there are any errors. Otherwise all information from the order confirmation shall also apply to the contract. Every order placed in the name of or on behalf of the client is deemed to have been made by him-/herself, an employee or an authorized person.
Article 12 – Delivery Charges
  1. Delivery costs indicated on the website apply solely to delivery within the Netherlands, Belgium and Luxembourg. There are three options for delivery that the client can choose:
    • Standard delivery – Is within the Netherlands, Belgium and Luxembourg and can take up to 6 working days. Costs for this delivery are €4.99 excluding VAT.
    • Express delivery - If the client wishes to receive their products more quickly there is the option to choose Express delivery against a payment of €6.99 excluding VAT. Express delivery is possible for all destinations in the Netherlands, Belgium and Luxembourg and means that the order is delivered within 24-48 hours on working days if ordered before 14.00 with the exception of the Wadden Islands Schiermonnikoog, Vlieland, Ameland, Terschelling and Texel, where Express delivery is delivered within 2-3 working days if the order is placed before 14.00. Express delivery is also possible throughout Luxembourg and Belgium and is also delivered there in 24-48 hours.
  2. In order to be able to guarantee these delivery times, the order must be placed on a working day before 14.00.
  3. For deliveries additional costs apply for orders with a higher weight. If this is the case, OD Communications B.V. shall contact the client in advance.
  4. Express deliveries are handled by DHL.
Article 13 – Delivery and Execution
  1. OD Communications B.V. shall take the greatest possible care when receiving and enforcing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the client has made known to OD Communications B.V.
  3. All delivery dates are indicative. The client cannot derive any rights from any specified terms. Exceeding a term does not entitle the client to compensation. Unless explicitly stated otherwise in writing, delay of the delivery can under no circumstances justify cancellation of the order.
  4. Delay of the delivery shall under no circumstances justify any form of compensation.
  5. If the delivery of an ordered product proves to be impossible, OD Communications B.V. shall offer a sufficient alternative and offer the client the possibility to accept the alternative product or cancel the order in its entirety.
  6. If a product is not in stock, the delivery time shall depend on the time it takes to receive new stock from the supplier. In this case, OD Communications B.V. shall inform the client of the provisionally estimated delivery time.
  7. The risk of damage and/or loss of products remain with OD Communications B.V. up to the moment of delivery to the client or a pre-designated representative that is made known to OD Communications B.V., unless explicitly agreed otherwise.
Article 14 – Payment Terms and Ownership
  1. All invoices must be paid in full within the payment term of 30 days after receipt of the invoice unless the client has notified a different term in writing and this has been accepted by OD Communications B.V. Delays in the payment of the invoice after the expiry of the payment term shall immediately lead to a penalty for late payment with an interest of 1.8% on the total net amount of the invoice per month of delay. Additionally, a fixed amount of €50.00 shall be charged. This amount may be increased if the recovery costs are higher than the amount due for late payment.
  2. The client has the duty to report inaccuracies in provided or stated payment details to OD Communications B.V. without delay.
  3. In the event of default by the client OD Communications B.V. has the right, subject to legal restrictions, to charge the reasonable costs made known to the client in advance.
  4. The property transfers to the client after full payment of the invoice. If the invoice has not been paid fully, OD Communications B.V. is entitled to demand immediate return of the delivered products.
Article 15 – Complaint Handling
  1. OD Communications B.V. holds a well-publicized complaints procedure and shall handle any complaint in accordance with this complaints procedure.
  2. Complaints about the executions of the agreement must be submitted fully and clearly described to OD Communications B.V. within seven days after the client has discovered the defects.
  3. Complaints submitted to OD Communications B.V. shall be answered within a period of 14 days from the date of receipt. In case a complaint require a foreseeable longer processing time OD Communications B.V. shall respond within the period of 14 days with a notice of receipt of the complaint and an indication when the client can expect a more detailed answer.
  4. A complaint does not suspend the obligations of OD Communications B.V. unless OD Communications B.V. indicates otherwise in writing.
  5. If a complaint is considered well-found by OD Communications B.V., OD Communications B.V. shall replace or repair the products to its preference and free of charge considering delivery costs.
  6. OD Communications B.V. is in no case liable for the repair of incidental damage such as, but not limited to, loss of income, profit, turnover, damage to the image or reputation of the client etc. With due regard to the aforementioned exclusions of liability it is agreed that in case of liability the right to compensation is limited to the purchase price that the client has paid for the product.
Article 16 – Defects

May something be missing or damaged before the delivery of the order the client is obliged to state this on the delivery note before it is signed. The client is obliged to inspect the content package and any objection must be communicated to the courier service by registered letter including receipt and possibly visual material within 48 hours.

Article 17 – Data Ownership
  1. In accordance with the current data protection legislation, the client has the right to access, modify and object regarding all information that concerns that client. This right can be exercised through OD Communications B.V.
  2. Personal details of clients will be used to send them information that OD Communications B.V. considers important for the clients or that have been requested by them personally, including information about the products and services of OD Communications B.V.
  3. The client has the right to request OD Communications B.V. to no longer use the client´s personal data for direct marketing purposes at all times. The client can terminate this service at any time.
Article 18 – Jurisdiction
  1. Any disputes regarding the interpretation, enforcement and violation of these terms and conditions shall be subject to the legislation in the European Union.
  2. Disputes concerning the validity, interpretation and enforcement of these terms and conditions fall under the exclusive competence of the commercial court in Perpignan, regardless of whether multiple parties or third parties are involved.
  3. OD Communications B.V. has the right to submit a complaint to another competent court, especially at the location of the head office or the location where the products have been delivered.
Article 19 – Privacy and Cookies
  1. OD Communications B.V. and the respective external suppliers have the right to collect data about the client if that data is limited to information about the whereabouts of the client on the internet, the used type of browser, the country zone and zone number where the used computer is located and the website pages that have been visited during the time spent on onedirect.co.nl and any search query entered on this website.
  2. OD Communications B.V. has the right to collect the information as named above about the client regardless of any registration on the abovenamed website.
  3. The reason behind OD Communications B.V.´s control of the visitors on the abovenamed website is solely for the optimization of the website and improvement of customer service. The cookies stored are for Analytics, Adwords, Livechat, Leadfeeder, Nosto and Moz.
  4. At the moment the order is placed the client agrees to receive a correspondence from Trustpilot. Besides this the client agrees that reviews written by the client may be published by OD Communications B.V. on the website named in paragraph 1.
Article 20 – Extended Return Terms
  1. If, when placing the order, the extended return period has been chosen, the client has the option to dissolve the agreement for 30 days without giving any reason. This thinking period starts on the day of receipt and ends on day 30 at the closing time of the company, of the product by the client or a representative designated in advance by the client and announced to the entrepreneur. After receiving the return request, the entrepreneur will send a return reference number..
  2. During the cooling-off period, the client will handle the product and the packaging with care. The item must be complete with all accessories and in the original packaging when it is returned..
  3. Under the conditions of the extended return period, the client will receive a stamped return label from the entrepreneur upon dissolution of the purchase with which the products for the client can be returned free of charge from a PostNL point of sale in the Netherlands.
  4. Upon receipt of the returned products, these will be thoroughly checked for any damage to the product or packaging. The purchase amount of the returned products will be reimbursed by the entrepreneur, excluding the costs of the extended return period (an amount of 3% of the total amount of the order, minimum costs of € 3.95 and maximum costs of €35 ), provided that the product is approved after the check. If the products are not returned within the specified time or within the required conditions, the entrepreneur has the right to charge a penalization.
  5. If at the end of the period referred to in paragraph 1, the client has not indicated that he wishes to make use of his right of withdrawal, respectively. the product has not been returned to the entrepreneur, the purchase is a fact.
  6. Credit notes have a validity period of one year after the issue. No credit note or refund will be given if:
    1. the returned products are adjusted, damaged or incomplete;;
    2. the products have not been returned under the conditions as mentioned above.Products that have been modified at the request of the client can under no circumstances be returned unless they are defective.
  7. All products sold by the entrepreneur are eligible for the extended return period program, with the exception of special orders or products where it is indicated in advance that the product or order is not eligible for the extended return period.