OWNER’S INFORMATION

OR SWIM
E-mail address: info@orswimcollection.com
Website: www.orswimcollection.com

Chamber of Commerce: 69321388
VAT no.: NL002352662B51

1. DEFINITIONS
– OR SWIM: OR SWIM, registered in the Netherlands, Chamber of Commerce no. 69321388, VAT number: NL002352662B51.
– The Customer: an individual acting for private purposes, which OR SWIM has entered into an agreement with.
– Parties: OR SWIM and customer together.

2. APPLICABILITY

– These are the general terms and conditions of OR SWIM. These general terms and conditions apply to all orders placed through the website of OR SWIM.
– By using and/or placing an order on this website, the customer explicitly agrees with the applicability of these general terms and conditions to their order and declares that they are aware of and read these conditions carefully.
– OR SWIM reserves the right not to accept your order in case:
o The information entered by the customer is incorrect or incomplete
o OR SWIM doubts the correctness of the information entered by the customer
o The customer failed to meet an earlier payment obligation
o The customer did not accept the delivery of an earlier order
o The delivery address is in a country where OR SWIM does not and/or cannot make deliveries
– OR SWIM will inform the customer as soon as possible if it does not accept their order.
– Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
– Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

3. PRIVACY
– The private information required for executing the orders placed through the website, namely the customers personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by OR SWIM and will not be sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product to the customer.
– Credit card details are not kept by OR SWIM under any circumstance.
– OR SWIM Privacy Policy

4. PRICING & PAYMENTS
– All prices stated on the website are displayed in EURO, are inclusive of taxes (Dutch VAT) and exclusive of any other costs such as shipping expenses, customs duties on import and taxes, unless expressly stated otherwise or agreed otherwise.
– Prices indicated on the website at the moment of payment is a total price of all products, including shipment expenses and taxes applicable in the European Union.
– VAT is not charged on orders outside the European Union.
– OR SWIM is entitled to adjust all prices for its products shown on the website or otherwise, at any time.
– The customer can choose one of the payment options offered by OR SWIM.
– In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by OR SWIM.
– Orders that are delivered outside the European Union may be subject to additional surcharges and/or taxes. Additional costs, if any, on the basis of these surcharges and/or taxes shall be for the customer’s account and risk.
– OR SWIM cannot be held to an offer on its website if the customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or writing error, such as an unusually low price.

5. DELIVERY
– OR SWIM will do its utmost best to process and deliver orders as soon as possible, but in any event within thirty (30) days after the date of the purchase.
– The delivery dates indicated on the website of OR SWIM are based on circumstances known to OR SWIM at the time of purchase and may be subject to changes due to external factors, such as the method of payment chosen, the manner of transport and internal availability. The delivery dates are also subject to change if the customer makes changes to their order.
– Delivery takes place while stocks last.
– Delivery of products ordered takes place at the delivery address or pick-up point indicated by the customer.
– If the agreed price is not paid on time, OR SWIM has the right to suspend its obligations until the agreed price is fully paid.
– The ownership of the products ordered will be passed to the customer at the time when OR SWIM has received the full payment for the products ordered by the customer.

6. DELIVERY PERIOD
– Any delivery period specified by OR SWIM is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
– The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of their order from OR SWIM.
– Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless OR SWIM cannot deliver within thirty (30) days or if the parties have agreed upon otherwise.
– The customer must ensure that the actual delivery of the products ordered can take place in time.

7. RIGHT OF WITHDRAWAL

– The customer has the right to cancel their online purchase within fourteen (14) days after receipt of their order without giving any reasons for doing so.
– The cooling-off period of fourteen (14) days as referred to in paragraph 1 of this article commences on the day after the customer received their order. This means that the customer has fourteen (14) days after receiving their order to request a return.
– The customer can use their right of withdrawal by notifying OR SWIM via info@orswimcollection.com and/or by sending OR SWIM the completed return form. If the return request is accepted, OR SWIM will send the customer return instructions.
– The customer is required to return the item/items to OR SWIM as soon as possible, but no later than 14 days after receipt of their order, after which period their right of withdrawal will lapse.

Returned items must be:

o unworn (other than to try the item on), unused or unaltered.
o undamaged
o free of makeup, deodorant and perfume
o returned in their original packaging
o returned with all the original tags attached including the hygiene protection sticker
o Items send back to OR SWIM without prior notification as referred to in paragraph 3 of this article will not be accepted by OR SWIM.

– For domestic and international returns OR SWIM recommends all customers to return their item/items via registered or recorded post (with a tracking number) and obtain proof of postage for their records because the customer is responsible for the return until it reaches OR SWIM.
– OR SWIM cannot be held responsible for lost returns or misdirected returns.
– This article is also applicable in case the customer received an item from OR SWIM that is defective, damaged or not what the customer ordered (wrong item). OR SWIM will arrange a replacement or refund the customer as soon as possible.

8. COMPLAINTS
– The customer must examine all products provided by OR SWIM for possible shortcomings as soon as possible.
– If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform OR SWIM of this as soon as possible, but in any case within fourteen (14) days after the order is received by the customer.
– The customer must notify OR SWIM after detection of the shortcomings in writing with digital proof via info@orswimcollection.com.
– The customer is required to give a detailed description of the shortcomings with (digital) proof, so that OR SWIM is able to respond adequately.
– The customer must demonstrate that the complaint relates to an agreement between the parties.

9. REIMBURSEMENT OF PURCHASE COSTS

– If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, OR SWIM will refund these costs to the costumer within fourteen (14) business days of receipt of the timely appeal to the right of withdrawal, provided that the customer has returned the item/items to OR SWIM on time.
– Payments will be sorted the same way as the payment is received.
– This article is also applicable in case an item is defective, damaged or if the customer received a wrong item and if the item cannot be replaced.

10. REIMBURSEMENT OF RETURN COSTS

– If the customer invokes their right of withdrawal and returns the item/ items on time, the costs for returning the order will be at the expense of the customer.
– OR SWIM is not responsible for the shipping costs of your return and we do not stand for customs payments. Any international shipping fees associated with returning items are the responsibility of the customer, and OR SWIM cannot refund these costs.

11. RIGHT OF RETENTION
– OR SWIM can appeal to its right of retention of title and in that case retain the products sold by OR SWIM to the customer until the customer has paid all outstanding invoices with regard to OR SWIM, unless the customer has provided sufficient security for these payments.
– The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to OR SWIM.
– OR SWIM is never liable for any damage that the customer may suffer as a result of using its right of retention of title.

12. RETENTION OF TITLE
– OR SWIM remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to OR SWIM under whatever agreement with OR SWIM including of claims regarding the shortcomings in the performance.
– Until then, OR SWIM can invoke its retention of title and take back the goods.
– Before the property is transferred to the customer, the customer shall not pledge, sell, dispose of or otherwise encumber the products.
– If OR SWIM invokes its retention of title, the agreement will be dissolved and OR SWIM has the right to claim compensation, lost profits and interest.

13. PACKAGING & SHIPPING

– OR SWIM will make an effort to deliver the products ordered by the costumer complete and in good condition. In the event that the products delivered are incomplete or damaged, we request the costumer to notify OR SWIM via info@orswimcollection.com as soon as possible.
– If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder (shipping company) or delivery person before receiving the product. In the absence of which OR SWIM may not be held liable for any damage.

14. WARRENTY

– This warranty is valid only to the original purchaser when a new product is purchased from OR SWIM.
– The customer is required to keep proof of purchase documents. Proof of purchase will be required to produce warranty service in the event you wish to make a warranty claim
– The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
– The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
– The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

15. INDEMNITY

– The customer indemnifies OR SWIM against all third-party claims that are related to the products supplied by OR SWIM.

16. LIABILITY OF OR SWIM

– OR SWIM is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If OR SWIM is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement between parties.
– OR SWIM is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If OR SWIM is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
– All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

17. DISSOLUTION
– The customer has the right to dissolve the agreement if OR SWIM imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
– If the fulfillment of the obligations by OR SWIM is not permanent or temporarily impossible, dissolution can only take place after OR SWIM is in default.
– OR SWIM has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give OR SWIM good grounds to fear that the customer will not be able to fulfill his obligations properly.

18. CHANGES IN THE GENERAL TERMS AND CONDITIONS
– OR SWIM is entitled to amend or supplement these general terms and conditions.
– Changes of minor importance can be made at any time.
– Major changes in content will be discussed by OR SWIM with the customer in advance as much as possible.
– Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

19. TRANSFER OF RIGHTS
– The customer cannot transfer its rights deferring from an agreement with OR SWIM to third parties without the prior written consent of OR SWIM .
– This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

20. CONSEQUENCES OF NULLITY OR ANNULLABILITY
– If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
– A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what OR SWIM had in mind when drafting the conditions on that issue.

21. APPLICABLE LAW & COMPETENT COURT
– Dutch law is exclusively applicable to all agreements between the parties.
– The Dutch court in the district where OR SWIM is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

22. CONTACT INFORMATION

If the customer has any questions about these terms, please contact OR SWIM by sending an email: info@orswimcollection.com

Date: September 11, 2021.