Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Subscription: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over a certain period.
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information are possible.
Right of withdrawal: the consumer's option to withdraw from the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers by distance means;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of distance communication are used exclusively until the agreement is concluded;
Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: JMHS B.V.
Trade name: Ocerar
Chamber of Commerce number: 42126002
VAT identification number: NL869842687B01
E-mail: support@ocerar.com
Address: Lintelerweg 60, 7556 PD, Hengelo, Overijssel, The Netherlands (registration address, not a visiting or return address)
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, as well as to every order.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be stated that the general terms and conditions are available for inspection at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer's request.
If, in addition to these general terms and conditions, specific product or service terms apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the provision concerned shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the scope of the original provision.
Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the intent" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to change and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors displayed exactly match the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
The price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special arrangement for postal and courier services with regard to imports. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (if applicable, together with the customs clearance fees) from the recipient of the goods;
any shipping costs;
how the contract is concluded and what actions are required for this
whether or not there is a right of withdrawal;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period within which the trader guarantees the price;
the amount of the distance communication tariff, if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
how the consumer can check the information provided by them in connection with the contract before concluding it and, if desired, restore it;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject, and how the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The Contract
Subject to the provisions in paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and fulfills the conditions laid down therein.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may - within the statutory framework - obtain information about whether the consumer can meet their payment obligations, as well as about all facts and factors that are important for responsibly entering into the distance contract. If, based on this assessment, the entrepreneur has good reasons not to conclude the contract, they shall be entitled to reject an order or application or to make its performance subject to special conditions, stating the reasons.
The entrepreneur shall provide the consumer with the following information in writing or in a manner that allows it to be stored and accessed by the consumer on a durable medium, together with the goods or service:
1. the address of the trader's registered office to which the consumer may submit complaints;
2. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing after-sales service;
4. the information contained in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
5. the conditions for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason during a period of 14 days. This cooling-off period begins on the day after the consumer receives the product or after receipt by a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and, if possible, in its original condition and original packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must provide this notification in writing/by email. After the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that they returned the delivered goods on time, for example by providing proof of shipment.
If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods specified in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 10 days after the withdrawal. This is subject to the product having already been received by the entrepreneur or conclusive proof of the complete return being provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
The right of withdrawal may be excluded only for products:
1. that have been manufactured by the business according to the consumer's specifications;
2. that are clearly personal in nature
3. that cannot be returned due to their nature;
4. that deteriorate or age rapidly;
5. whose price is subject to fluctuations in the financial market over which the business has no control;
6. individual newspapers and magazines
7. audio and video recordings and computer software whose seal has been broken by the consumer.
8. hygiene products whose seal has been broken by the consumer.
The right of withdrawal may be excluded only for services:
1. concern accommodation, transport, catering services or leisure activities to be provided on a specific date or during a specific period;
2. delivery of which began with the consumer's express consent before the withdrawal period expired;
3. concern bets and lotteries.
Article 9 - The Price
Notwithstanding the preceding 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 at variable prices. This connection with fluctuations and the fact that the prices referred to are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the business has determined them and:
1. they are based on statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the date on which the price increase takes effect.
The place of delivery pursuant to Article 5(1) of the Value Added Tax Act 1968 is in the country where the transport begins. In the present case, this delivery takes place outside the EU. Accordingly, the postal or courier service will charge the customer import VAT and customs clearance fees. Therefore, no VAT will be charged by the business.
The prices for products stated on our website include delivery costs, but exclude fees, taxes, duties or similar government-imposed charges ("duty unpaid and untaxed").
All rights, fees, duties, taxes, or other government charges and declarations for importing the products to the delivery address are your responsibility, are borne by you, and are not included in the prices of the products. Additional costs may arise in individual cases for all deliveries; the seller is not responsible for these costs, which must be borne by the customer. In addition to shipping costs, these may include customs duties or import VAT if the goods are shipped from a non-EU country (China). We do not pay customs duties or import VAT; these costs are borne by the buyer. Our goods are always shipped DDU (delivery duty unpaid) / "duty unpaid and untaxed". The buyer is the "Importer of Record" and is responsible for properly paying customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to verify upon receipt of the goods that all laws and regulations of the importing country have been complied with.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations applicable at the time the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a purpose other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the products' ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products were exposed to abnormal conditions or were otherwise handled carelessly or contrary to the company's instructions and/or were handled on the packaging;
The inadequacy is wholly or partly the result of regulations enacted or to be enacted by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and fulfillment
The company shall exercise the utmost possible care when receiving and fulfilling orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall process accepted orders promptly, and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without cost and without entitlement to compensation.
In the event of termination pursuant to the previous paragraph, the company shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.
If delivery of an ordered product proves impossible, the company will endeavor to provide a replacement item. No later than upon delivery, it will be communicated clearly and understandably that a replacement item is being provided. The right of withdrawal may not be excluded for replacement items. The cost of returning the item shall be borne by the company.
The risk of damage to and/or loss of products lies with the company until the time of delivery to the consumer or a representative previously designated by the consumer and made known to the company, unless expressly agreed otherwise.
Article 12 - Contracts of definite duration: duration, termination and renewal
Termination
The consumer may terminate a contract of indefinite duration concerning the regular delivery of goods (including electricity) or services at any time, in compliance with the agreed termination rules and with a notice period of up to one month.
The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in compliance with the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time:
terminate it at any time and not be limited to a specific date or period;
terminate it in at least the same manner in which it was concluded
always terminate it with the same notice period that the trader has stipulated for itself.
Renewal
A fixed-term contract concluded for the regular delivery of goods (including electricity) or services may not be automatically extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily newspapers and weekly magazines may be automatically extended for a fixed term of no more than three months if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may be automatically extended for an indefinite period only if the consumer can terminate it at any time with a notice period of no more than one month; the notice period may not exceed three months if the contract concerns the regular delivery of daily newspapers, news publications and weekly magazines, but less than once a month.
A fixed-term contract for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically when the trial or introductory period expires.
Term
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with up to one month’s notice, unless reasonableness and fairness preclude termination before the agreed term has expired.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the beginning of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the business has the right, subject to statutory limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract should be submitted to the business in a complete and clearly described manner within 7 days after the consumer has discovered the defects.
Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the business's obligations unless the business states otherwise in writing.
If a complaint is deemed justified by the business, the business will, at its discretion, either replace or repair the products supplied free of charge.
Article 15 - Disputes
Contracts between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
By making a purchase or entering your email address, you agree to receive marketing emails.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 concerning the “Amendment of the Turnover Tax Act 1968 (Wet implementatie Richtlijn betalingsdienstaanbieders)”, and the resulting introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.
CONTACT INFORMATION
Brand name: Ocerar
Company name: JMHS B.V.
Email:
support@ocerar.com
Telephone:
+31 616 563 260
Address:
Lintelerweg 60, Hengelo, Overijssel, 7556 PD, Netherlands (registered address - not a visiting or returns address)
VAT identification number: NL869842687B01
Chamber of Commerce registration number: 42126002
Contact form: Here
Support hours: Monday–Friday, 09:00–17:00 (closed on weekends)
Response time: within 24–48 hours
We endeavor to answer all inquiries as quickly as possible.
