Terms & Conditions

Terms & Conditions:

Article 1 – Definitions
Article 2 – Business Identity
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercising the Right of Withdrawal and Related Costs
Article 9 – Business Obligations in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – Pricing
Article 12 – Compliance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Duration Transactions: Duration, Termination, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Industry Guarantee
Article 19 – Additional or Deviating Provisions
Article 20 – Amendments to the General Terms and Conditions of Thuiswinkel

Article 1 – Definitions

In these terms, the following definitions apply:

Supplementary Agreement: An agreement whereby the consumer obtains products, digital content, and/or services in relation to a distance agreement, provided by the business or a third party based on an agreement between the third party and the business.
Cooling-Off Period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person not acting for purposes related to trade, business, craft, or professional activity.
Day: A calendar day.
Digital Content: Data produced and supplied in digital form.
Continuous Agreement: An agreement for the regular delivery of products, services, and/or digital content over a set period.
Durable Medium: Any tool (including email) that enables the consumer or business to store information for future reference, allowing unchanged reproduction of stored information for the purpose it is intended.
Right of Withdrawal: The option for the consumer to cancel the distance agreement within the cooling-off period.
Business: The individual or legal entity, a member of Thuiswinkel.org, offering products, digital content, and/or services remotely to consumers.
Distance Agreement: An agreement made between the business and consumer under a structured system for remote sales, where only or partial remote communication is used up to the point of concluding the agreement.
Model Withdrawal Form: The European model withdrawal form in Annex I of these terms. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.
Remote Communication Technology: Any method that can be used to conclude an agreement without the simultaneous physical presence of the consumer and business.

Article 2 – Business Identity

Business Name: OASA PLEASURE by MISS STEEL BV
Business Address: Haarlemmerstraatweg 32, 2343LB, Oegstgeest
Office Phone Number: 071-3626162 (during office hours)
Customer Email: klantenservice@oasapleasure.com
Wholesale Email: wholesale@oasapleasure.com
Chamber of Commerce Number: [To be provided]
VAT Identification Number: [To be provided]

Article 3 – Applicability

These general terms and conditions apply to every offer made by the business and to any distance agreement established between the business and consumer.
Before a distance agreement is concluded, the text of these general terms and conditions will be provided to the consumer. If this is not reasonably possible, the business will indicate how these terms can be viewed and that they will be sent to the consumer free of charge upon request.
For distance agreements made electronically, these terms can be provided electronically in a way that allows the consumer to save them on a durable medium. If this is not possible, the business will specify where they can be viewed electronically and that they will be sent free of charge upon request.
If specific product or service terms apply in addition to these general terms, clauses 2 and 3 are equally applicable, and the consumer can rely on the provision most favorable to them.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be clearly stated.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. Descriptions are detailed enough to allow the consumer to make an informed decision. Any images used are accurate representations of the offered products, services, and/or digital content. The business is not bound by obvious errors in the offer.
The offer clearly states the consumer’s rights and obligations associated with accepting the offer.

Article 8 – Exercising the Right of Withdrawal and Associated Costs

If the consumer exercises their right of withdrawal, they shall notify the business within the cooling-off period using the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the business (or its authorized representative). This is not required if the business has offered to collect the product themselves. The consumer respects the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and following any reasonable and clear instructions provided by the business.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product unless the business has not informed the consumer of this obligation or the business agrees to bear these costs.
If the consumer withdraws after having explicitly requested that the provision of a service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer shall pay the business an amount proportional to that part of the commitment that the business has fulfilled at the time of withdrawal, compared with full performance of the commitment.
The consumer does not bear costs for the execution of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- The business did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of expenses, or the model withdrawal form, or;
- The consumer did not explicitly request the execution of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear costs for the full or partial delivery of digital content not supplied on a physical medium if:
- They have not explicitly agreed to the start of the agreement before the end of the cooling-off period;
- They did not acknowledge losing their right of withdrawal upon granting consent, or;
- The business failed to confirm this statement by the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are legally terminated.

Article 9 – Business Obligations in Case of Withdrawal

If the business enables the consumer to notify their withdrawal electronically, it shall promptly send an acknowledgment of receipt upon receiving this notification.
The business shall reimburse all payments made by the consumer, including any delivery costs charged by the business for the returned product, without undue delay and within 14 days from the day the consumer notifies them of the withdrawal. Unless the business offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer proves they have returned the product, whichever occurs first.
The business shall use the same payment method for the refund that the consumer used unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer chose a more expensive delivery method than the cheapest standard delivery, the business does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The business may exclude the following products and services from the right of withdrawal, but only if the business clearly stated this in the offer or at least in a timely manner before the agreement was concluded:

Products or services whose prices fluctuate in the financial market, over which the business has no control and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction means a sales method where products, digital content, and/or services are offered by the business to the consumer who is present or has the opportunity to be present at the auction, led by an auctioneer, with the successful bidder obliged to purchase the products, digital content, and/or services.
Service agreements, after full performance of the service, but only if:
- The performance began with the consumer’s explicit prior consent, and;
- The consumer has declared they waive their right of withdrawal once the business has fully performed the agreement.
Package tours as defined in Article 7:500 BW and agreements for passenger transport.
Service agreements for the provision of accommodation, where the agreement includes a specific date or period of performance, other than for residential purposes, goods transportation, car rental services, and catering.
Agreements relating to leisure activities, if the agreement specifies a particular date or period of performance.
Products manufactured according to consumer specifications that are not prefabricated and are made based on individual consumer choice or decision, or are clearly intended for a specific individual.
Products that spoil quickly or have a limited shelf life.
Sealed products that are unsuitable for return for health or hygiene reasons, and whose seal has been broken after delivery.
Products that are irrevocably mixed with other products after delivery by their nature.
Alcoholic beverages for which the price was agreed upon when the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond the control of the business.
Sealed audio, video recordings, and computer software, the seal of which was broken after delivery.
Newspapers, periodicals, or magazines, except for subscriptions to them.
The supply of digital content other than on a physical medium, but only if:
- The performance began with the consumer’s explicit prior consent, and;
- The consumer has declared that they waive their right of withdrawal.

Article 11 – Pricing

During the period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no control, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be noted in the offer.
Price increases within three months after the agreement was concluded are only permitted if they are the result of statutory regulations or provisions.
Price increases after three months following the conclusion of the agreement are only allowed if the business has stipulated this and:
- They are the result of statutory regulations or provisions, or;
- The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the Agreement and Extra Guarantee

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and legal provisions or government regulations that exist on the date the agreement is concluded. If agreed, the business also ensures that the product is suitable for uses other than normal use.
An additional guarantee provided by the business, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against the business based on the agreement if the business fails to fulfill its part of the agreement.
By “additional guarantee,” we mean any commitment by the business, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obligated to offer if it has failed to fulfill its part of the agreement.

Article 13 – Delivery and Execution

The business will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address the consumer has provided to the business.
Subject to what is stated in Article 4 of these general terms, the business will execute accepted orders promptly but no later than 30 days unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer will receive a notification no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without incurring any costs and is entitled to compensation.
After dissolution per the previous paragraph, the business will refund the amount the consumer paid without delay.
The risk of damage and/or loss of products lies with the business until the time of delivery to the consumer or a previously designated representative made known to the business, unless otherwise expressly agreed upon.

Article 14 – Extended Transactions: Duration, Termination, and Renewal

Termination:

The consumer may terminate an agreement that has been entered into for an indefinite period and that includes the regular delivery of products (including electricity) or services at any time, with due observance of the termination rules and a notice period not exceeding one month.
The consumer may terminate an agreement entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time at the end of the specified period, with due observance of the termination rules and a notice period not exceeding one month.
The consumer may:
- Terminate the agreements mentioned in the previous paragraphs at any time without restriction to terminate at a particular time or in a specific period;
- At least terminate them in the same way as they were concluded;
- Always terminate them with the same notice period that the business has stipulated for itself.

Renewal: 4. A fixed-term agreement that includes the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period. 5. 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 specified period of up to three months if the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month. 6. A fixed-term agreement for 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. The notice period is no more than three months if the agreement involves regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines. 7. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) ends automatically after the trial or introductory period and is not automatically renewed.

Duration: 8. 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 dictate otherwise.

Article 15 – Payment

Unless otherwise specified in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period begins on the day the consumer receives confirmation of the agreement.
When selling products to consumers, the consumer may never be obligated to make an advance payment of more than 50% in general terms and conditions. If an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question until the stipulated advance payment has been made.
The consumer has a duty to report any inaccuracies in the payment details provided or stated to the business without delay.
If the consumer fails to meet their payment obligation(s) on time, after the business has pointed out the late payment and allowed the consumer a period of 14 days to meet their payment obligations, the consumer shall owe statutory interest on the outstanding amount and the business has the right to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the following €2,500, and 5% on the next €5,000, with a minimum of €40. The business may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The business has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the business within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the business will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the service of the business can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website at thuiswinkel.org. The complaint will then be sent both to the relevant business and to Thuiswinkel.org.
The consumer must give the business at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the business and the consumer to which these general terms and conditions apply. If the business focuses its activities on the consumer’s country of residence, the consumer may always invoke the mandatory consumer law of their country.
Disputes between the consumer and the business regarding the formation or performance of agreements relating to products and services provided or to be provided by this business can be submitted by both the consumer and the business to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP in The Hague (sgc.nl).
The Disputes Committee will only handle a dispute if the consumer has first submitted their complaint to the business in a timely manner.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the business, in writing or in another form determined by the Committee.
If the consumer wishes to submit a dispute to the Disputes Committee, the business is bound by this choice. The consumer is encouraged to notify the business first.
If the business wishes to submit a dispute to the Disputes Committee, the consumer must respond within five weeks of a written request from the business, either agreeing or preferring that the dispute be handled by the competent court. If the business does not hear of the consumer’s choice within the five-week period, the business is entitled to submit the dispute to the competent court.
The Disputes Committee makes decisions under conditions set out in the Disputes Committee Regulations (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Committee’s decisions are binding.
The Disputes Committee will not handle a dispute or will cease to handle it if the business has been granted a suspension of payments, has gone bankrupt, or has effectively terminated its business activities before a dispute has been heard by the Committee and a final ruling has been made.
If, in addition to the Thuiswinkel Disputes Committee, another recognized or accredited disputes committee

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the agreement)

To: OASA PLEASURE
Haarlemmerstraatweg 32,
2343LB, Oegstgeest
klantenservice@oasapleasure.com
I/We hereby notify you that I/we wish to withdraw from our agreement regarding:
- the purchase of the following products:
  
  Arousing Warming Waterbased Lubricant 100ml
  
  € 15,99
  
  ,
- the provision of the following digital content: [digital content details], or
- the provision of the following service: [service details]
Ordered on/received on: [date of order or receipt]
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature(s) (if submitted on paper):

Terms & Conditions

Arousing Warming Waterbased Lubricant 100ml