Algemene voorwaarden
Clause 1: Applicability and Definitions
1.1. The Seller: OTEC Camera Bags, located at Oderweg 1 unit 8519, 1043 AG Amsterdam, registered in the Netherlands under registration number 93056346, hereinafter referred to as "the Seller," "we," or "us."
1.2. The Buyer: Any natural person or legal entity who enters into an agreement with the Seller via the webshop, hereinafter referred to as "the Buyer" or "you."
1.3. Scope: These General Terms and Conditions (GTC) apply to every offer made by the Seller and to every distance contract concluded between the Seller and the Buyer.
1.4. Accessibility: Before the contract is concluded, the text of these GTC will be made available to the Buyer electronically in such a way that it can be easily stored on a durable medium.
1.5. Deviations: Deviations from these terms are only valid if they have been explicitly agreed upon in writing. Any purchase conditions of the Buyer are explicitly rejected.
Clause 2: The Offer and Formation of the Agreement
2.1. The Offer: If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated. All offers are "while stocks last."
2.2. Handmade Nature and Product Variations: * The Buyer acknowledges that the products are handmade. As a result, minor variations in color, texture, stitching, or finish are inherent to the production process and are part of the unique character of the product.
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These minor differences, which do not affect the quality, durability, or functionality of the bag, do not constitute a lack of conformity and do not entitle the Buyer to a refund, replacement, or compensation outside of the standard statutory right of withdrawal.
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Images in the webshop are for illustrative purposes and we cannot guarantee that a device’s display of colors accurately reflects the color of the actual product.
2.3. Formation: The agreement is concluded at the moment the Buyer accepts the offer and fulfills the corresponding conditions.
2.4. Confirmation: After receiving the order, the Seller will immediately confirm receipt via email.
Clause 5: Delivery and Execution
5.1. Delivery Address: The Seller will deliver the products to the address provided by the Buyer during the ordering process.
5.2. Delivery Times: Estimated delivery times are indicative. While we strive to meet these deadlines, they are not strict deadlines unless explicitly agreed otherwise in writing.
5.3. Risk of Loss: For Consumers, the risk of damage or loss of the products rests with the Seller until the product has been delivered to the Buyer (or a pre-designated representative).
5.4. Partial Delivery: If a shipment is delayed or if an order cannot be fulfilled in its entirety, the Buyer will be notified as soon as possible, but no later than 30 days after the order was placed.
Clause 6: Conformity and Legal Guarantee
6.1. Legal Guarantee: We guarantee that our products comply with the agreement and meet the reasonable expectations of quality and usability for a period of at least 2 years (in accordance with EU Consumer Law).
6.2. Exclusions: The guarantee does not cover:
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Damage caused by normal wear and tear.
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Damage caused by improper use, lack of maintenance, or accidents (e.g., overloading the bag beyond its capacity or exposure to harsh chemicals).
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Modifications or repairs made by the Buyer or third parties without the Seller’s written consent.
6.3. Reporting Defects: The Buyer must inform the Seller of any lack of conformity within a reasonable time, but no later than two months after discovering the defect. Failure to report within this timeframe may result in the loss of warranty rights, unless mandatory local law provides for a longer period. Visible transport damage should be reported immediately upon delivery (within 48 hours) to facilitate a claim with the carrier.
Clause 7: Liability and Force Majeure
7.1. Conformity: We warrant that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.
7.2. Limitation of Liability: To the maximum extent permitted by applicable law, our total liability for damages arising out of or in connection with this agreement shall be limited to the amount paid by you for the specific product that caused the damage.
7.3. Exclusion of Indirect Damages: We shall not be liable for any indirect, incidental, or consequential damages. This includes, but is not limited to:
Damage to equipment carried inside or attached to our products (e.g., cameras, lenses, laptops).
Loss of income, loss of business, or loss of professional opportunities.
7.4. Exceptions: Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under the mandatory laws of the country where you reside (such as the Code de la consommation in France or BGB in Germany).
7.5. Force Majeure: We are not liable for any failure to perform our obligations due to events beyond our reasonable control (e.g., natural disasters, strikes, or global supply chain disruptions).
Clause 8: Complaints and Dispute Resolution
8.1. Complaints Procedure: If you have a complaint about our products or service, please contact us at [Insert Email Address] as soon as possible. We aim to provide a substantive response within 14 days of receipt.
8.2. EU Online Dispute Resolution (ODR): If we cannot resolve a dispute internally, you have the right to submit a complaint via the European Commission’s ODR platform. This is an out-of-court dispute resolution tool available to all EU citizens. You can find it at: https://ec.europa.eu/consumers/odr/.
8.3. Governing Law: These terms are governed by the laws of [Your Country, e.g., the Netherlands]. However, as a consumer, you will always benefit from the mandatory provisions of the law of the country in which you are resident.
8.4. Competent Court: Any disputes shall be submitted to the competent court in the district where the Seller is located, unless mandatory consumer law dictates that the court in the Buyer's place of residence has jurisdiction.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
— To: [Insert Company Name, Physical Address, and Email Address]
— I hereby give notice that I withdraw from my contract of sale of the following goods: [Insert Product Name/Order Number]
— Ordered on /Received on: [Insert Date]
— Name of consumer(s): [Insert Name]
— Address of consumer(s): [Insert Address]
— Date: [Insert Date]