Present Terms & Conditions are used by:
Joshua Harris, The A Board Dude
2 East Avenue, Walthamstow. London E17, 9NG
Sole Trader since 2013
In these General Conditions used words, singular or plural, that start with a capital letter, are defined below in this article.
1.1 General Conditions: Present general conditions.
1.2 Order procedure: The procedure that the Customer goes through in an interactive way at the Website when ordering Products.
1.3 Customer: The other party who enters into an agreement with Ontour.
1.4 Contract: Contract of which the Terms &l Conditions are an integral part of the sale and delivery of the Products.
1.5 Parties: Ontour and Customer.
1.6 Ontour: The party that operates the Terms & Conditions, also the opposing party of Customer.
1.7 Website: the website of Ontour, to be found under the URL: www.ontour.nl
1.8 Products: Fashion that Ontour offers on thier Website, which Customer can order.
2.1 The Terms & Conditions are applicable to all Contracts, possible (email) newsletters, the Website, the Order procedure, as well as contacts and/or (juristic) acts between Parties, also when these (juristic) acts could not lead to a Contract.
2.2 Appropriateness of general delivery or payment conditions and/or other special conditions of Customer are expressly exclusive
2.3 All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to factors such as differences in monitors and screen settings, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.
2.4 All drawings, photos, descriptive matter, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in Ontours’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
3.1 The Products as offered on the Website with accompanying prices and offers can be accepted by the Customer without obligations by completing the entire Order procedure on the Website.
3.2 Ontour does not guarantee that the offers, as referred to before, are without mistakes and / or omissions. Misprints are expressly reserved and can be a foundation for not accepting the Contract. If Ontour decides so, they will immediately inform the Customer with this.
3.3 If for any reason the Contract is not established or disbanded, under which is included the situation as referred to in the preceding subsection, Ontour bears the responsibility for the Customer who paid in advance. The refunding of the paid amount by the Customer will take place as soon as is possible for Ontour, including the initial shipping costs. This refund will at least take place within 30 (thirty) days.
3.4 Any orders you place with us will not be accepted and no contract will be formed between us until you have been instructed that the goods are available and that these goods have been paid for and all applicable charges paid in full. No payment shall be deemed to have been received until we have received payment in cleared funds.
3.5 We reserve the right at all times and at our sole discretion to refuse to accept any orders.
4.1 Prices as stated on the Website are inclusive VAT. Any other mandatory charges are already included in the price. The prices are exclusive shipping costs. The Customer will be charged for these during the Order procedure.
4.2 Ontour is authorized to adjust the prices at any time. With price changes, the latter has no consequences for current Contracts, which will be executed for the prices that were agreed upon.
4.3 The due amounts can be paid by the Customer in two ways:
a. by means of electronic prepayment.
b. by means of a creditcard.
5.1 The delivery periods as stated on the Website as well as in confirmation emails are indicative. In case our delivery time is delayed it will be noticed in your shopping cart.
5.2 Ontour will make a supreme effort to achieve these indicative stated delivery periods.
5.3 If and as far as Ontour cannot deliver the ordered Products to Customer within 30 (Thirty) days, the Customer has the right to cancel the Contract, after Ontour informed not being able to execute the Contract within the stated period. Then, Article 3.3 is in accordance application.
6.1 The Customer has the right to return the delivered Products to Ontour within fourteen (14) days after receipt, without providing reasons (so without having to fill in the complaint form as stated in article 7.1). However, this in under the condition that:
a. The Products are returned at the expense of the Customer, not sufficiently stamped packages will not be accepted by Ontour;
b. The Customer itself is responsible for the way of shipment and for the risk of the package –and this responsibility and the risk herewith is accepted by Customer- until Ontour received it.
6.2 The revocation counts as disbanding value whereby the Customer has the right to refund of which is already paid.
7.1 We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The following terms and conditions apply to all promotional discounts unless otherwise stated:
a. To redeem a promotion code, enter it on the basket page before proceeding to the checkout.
b. A promotion code can't be used after an order has been placed.
c. Only one promotion code can be used per order.
d. Promotion codes can only be used once by each customer, unless otherwise stated
e. Promotion codes cannot be redeemed against sale items.
f. Promotion codes cannot be redeemed against shipping costs.
g. Where the product price is less than the value of the discount, we will only be able to discount by the value of the product, thereby giving the customer less than the advertised discount.
h. We reserve the right to exclude certain products from promotions.
i. We reserve the right to withdraw a discount code without prior notice.
j. Promotion codes cannot be used in conjunction with any other offer.
k. The newsletter sign-up promo code can only be redeemed against your first order.
8.1 All Contents Copyright ©2017 All Rights Reserved. The images and materials found in the Web site are copyrighted or otherwise proprietary and may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
9.1 You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
10.1 If and as far as the Customer believes the characteristics of the Products do not satisfy the expectation, the Customer may consult Ontour. Thereafter, the Customer has the right to return the Products to Ontour under condition that:
a. The Customer has inspected the Product after receipt and has contacted Ontour by email or telephone within a qualified period. After receiving this e-mail Ontour will confirm the receipt of the email to the Customer.
b. The complaint form, which can be requested/downloaded on the website www.ontour.nl, filled in completely and send by email to email@example.com
c. The Products are returned at the expense of Ontour via the freepost.
d. The Customer is responsible for the way of shipment and for the risk of the package.This means that the Customer is responsible for the package until Ontour received it.
10.2 If investigation carried out by Ontour proves that the Products do comply with the Contract, Ontour will consult with Customer.
10.3 If investigation of Ontour indeed proves that the characteristics of the Products do not comply with the Contract, the Customer has the right to a substitute product, if still available, and refund of the shipping costs as stated under b of article 7.1. Might the substitute product not be available, the Customer has the right to:
a. Selecting a substitute product of the same value as Product which did not turn out to be satisfactory. If the selected product is more expensive than the Product which did not turn out to be satisfactory, the Customer will contribute the difference in price. If the selected product is cheaper than the Product that did not turn out to be satisfactory, the Customer will receive the difference in price, where the last sentence of article 3.3 is in accordance application;.
10.4 When speaking of the value of the Product in the preceding subsection, it will be based on the price that is agreed upon in the Contract.
10.5 During the period, as stated in article 6.1, the Customer may also use the right as given in that article. Ultimately, it is for both Customer and provider easiest if the offered return form is used.
11.1 If and as far as personal data of Customer is processed, this processing is merely about:
a. Executing and giving shape to the Contract;
b. Subject to the limitation of the following subsection, informing the Customer with (new) Products and services of Ontour
11.2 For sending commercial expressions via electronic way to the Customers (for example, but not exclusively, email newsletters and SMS messages) as stated in preceding subsection under b, the Customer is asked for permission during the Order procedure, and only when this permission is given by the Customer, Ontour will send these expressions.
11.3 The Customer has the right to inspect her personal data free of charge and at all times and permits Ontour to adjust these data if required when inaccuracies occur.
12.1 The Dutch legislation is applicable to the Contract and to Contracts resulting from this.
12.2 If and as far as a complaint comes up, the Customer contacts Ontour, which can be done by telephone, in writing and electronic. The contact data which can be used for this are given at the top of present Terms & Conditions. Ontour will react to a complaint not later than within 30 (thirty) days as stated for this.
12.3 Customer can present the dispute –if and as far as Parties cannot solve the dispute themselves- to a competent judge in Rotterdam, under which included the provisionary judge of this District Court, adjudicating in an interlocutory proceeding.
13.1 By signing up to our newsletter with your email address you are agreeing to receive our marketing emails and we may share this data with selected 3rd party partners. You can unsubscribe to our emails at any time, by following the link at the bottom of the email.
14.2 The Customer bears the responsibility for the log in data for the order procedure. This data is strictly personal and may not be assigned under any circumstances. The Customer himself is responsible for the consequences of the careful handling of these data.