Terms and Conditions

Company Information

Ohayo Prints
Mishagen 120, 2930 Brasschaat
VAT BE 0719.372.883

Article 1: General provisions

The e-commerce website of Ohayo Prints, a sole proprietorship with registered office at Mishagen 120, 2920 Brasschaat Belgium, BTW BE 0719.372.883 offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions (“Terms”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the Ohayo Prints web store, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted by Ohayo Prints in advance, in writing.

Article 2: Pricing

All prices stated are expressed in EURO, always including VAT and all other duties or taxes required by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately. All items are shipped by Ohayo Prints, pick up in Brasschaat is possible. Costs will be charged for this shipment. These are stated in the check-out process.

The price statement refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

Article 3: Offer

Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding on Ohayo Prints. Ohayo Prints is only bound to an obligation of means with regard to the correctness and completeness of the information provided. Ohayo Prints is in no way liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance.

The offer is valid while stocks last and can be adjusted or withdrawn at any time by Ohayo Prints. Ohayo Prints cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

Articlel 4: Online purchases

The ordering procedure is as follows: the Customer places items in his/her shopping cart, then the Customer clicks through to the ‘checkout’ where an overview of the shopping cart is shown. The Customer must then log in or register with a new customer profile. The confirmation is made via the e-mail address that the Customer provides. After that, the customer chooses the shipping option and payment option. Finally, the Customer accepts the General Terms and Conditions (this document) and the sales contract is concluded.

The Customer has the choice between the following payment methods

  • via Bancontact, iDeal
  • by bank transfer to account number BE95 9731 5559 0458

Ohayo Prints is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Items ordered through this webshop are delivered in Belgium, the Netherlands, France, Germany

Delivery is made by bPost and the Customer pays additional costs for this, as stated in the order procedure.

Unless otherwise agreed or expressly provided otherwise, the goods will be delivered to the Customer’s place of residence within 14-21 days of receipt of the order. This can take longer only if stated otherwise.

Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported by the Customer to Ohayo Prints without delay.

The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Ohayo Prints.

Does the Customer wish to cancel the order? Then take the following criteria into account:

– The Customer can cancel the order free of charge if the design has not yet been made.
– Has the Customer already received a design, but not yet approved it?
Then the Customer can cancel the order, but €5 will be deducted from the order for each design made.
– Has the Customer already received and approved a design? Then the Customer can still cancel, but there will be €10 for each design
are withheld.
– When the order has already been embroidered, the Customer can no longer cancel.

Article 6: Retention of title

The delivered items remain the exclusive property of Ohayo Prints until full payment has been made by the Customer

The Customer undertakes, if necessary, to point out to third parties the retention of title of Ohayo Prints, e.g. to anyone who would seize the items not yet fully paid for.

Article 7: Right of withdrawal

The provisions of this article only apply to Customers who purchase items online from Ohayo Prints in their capacity as consumers.

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Customer must inform Ohayo Prints, Mishagen 120, 2930 Brasschaat, Belgium, [email protected] via an unambiguous statement (e.g. in writing by post, social media or e-mail) of his decision to withdraw from the contract. The Customer can use the attached model withdrawal form for this, but is not obliged to do so.

In order to comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to Ohayo Prints, Mishagen 120, 2930 Brasschaat, Belgium without undue delay, but in any case no later than 14 calendar days after the day on which he has notified Ohayo Prints of his decision to withdraw from the agreement. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods will be borne by the Customer.

If the returned product is in any way diminished in value, Ohayo Prints reserves the right to hold the Customer liable and claim compensation for any loss in value of the goods resulting from the use of the goods by the Customer. that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.

If the Customer withdraws from the agreement, Ohayo Prints will refund all payments received from the Customer up to that point, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after Ohayo Prints has been informed of the Customer’s decision to cancel the agreement. to revoke the agreement. In the case of sales contracts, Ohayo Prints can withhold reimbursement until it has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.

Any additional costs as a result of the Customer’s choice of a method of delivery other than the cheapest standard delivery offered by Ohayo Prints will not be refunded.

Ohayo Prints will refund the Customer with the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.

The Customer cannot exercise the right of withdrawal for:

  • service agreements after the full performance of the service;
  • the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which Ohayo Prints has no influence and which may occur within the withdrawal period;
  • the delivery of goods manufactured according to the Customer’s specifications, or which are clearly intended for a specific person;
  • de levering van volgens specificaties van de Klant vervaardigde goederen, of die duidelijk voor een specifieke persoon bestemd zijn;

 

Article 8: Guarantee

Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer must contact Ohayo Prints customer service and return the item to Ohayo Prints at its expense.

In the event of a defect, the Customer must inform Ohayo Prints as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement lapses.

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.

Article 9: Customer service

Ohayo Prints customer service can be reached by email at [email protected] or by post at the following address Mishagen 120, 2930 Brasschaat. Any complaints can be directed to this.

Article 10: Sanctions for non-payment

Without prejudice to the exercise of other rights available to Ohayo Prints, in the event of non-payment or late payment from the date of default, the Customer owes an interest of 10% per year on the unpaid amount, by operation of law and without notice. In addition, by operation of law and without notice, the Customer owes a fixed compensation of 10% of the amount concerned, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, Ohayo Prints reserves the right to take back items that have not been (fully) paid for.

Article 11: Privacy

The person responsible for the processing, Feel respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to access and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain free written notification of your personal data by means of a written, dated and signed request to Ohayo Prints, Mishagen 120, 2930 Brasschaat, [email protected] If necessary, you can also ask to correct the data that would be incorrect, incomplete or irrelevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this you can always contact Ohayo Prints, Mishagen 120, 2930 Brasschaat, [email protected].

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for keeping his login details confidential and the use of his password. Your password is stored encrypted, so Ohayo Prints has no access to your password.

Feel keeps track of online (anonymous) visitor statistics to be able to view which pages of the internet site are visited to what extent.

If you have any questions about this privacy statement, you can contact us at [email protected].

Articlel 12: Use of cookies

During a visit to the site, ‘cookies’ may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

‘First party cookies’ are technical cookies that are used by the visited site itself and that aim to make the site function optimally. Eg: settings that the user has made during previous visits to the site, or also: a pre-filled form with data that the user has done during previous visits.

“Third Party cookies” are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. eg. cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission – this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not prevent further surfing on the website.

You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Violation of validity – non-renunciation

If any provision of these Terms is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Ohayo Prints to enforce any of the rights listed in these Terms, or to exercise any right hereof, shall never be deemed a waiver of such provision and shall never affect the validity of those rights. .

Article14: Change conditions

These Conditions are supplemented by other conditions that are explicitly referred to, and the general terms and conditions of sale of Ohayo Prints. In the event of a conflict, these Terms and Conditions shall prevail.

Article 15: Prove

The Customer accepts that electronic communications and backups can serve as evidence.

Feel has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to UNIZO’s complaints procedure is available via http://www.unizo.be/ecommercelabel/.

Article 16: Applicable law – Disputes

Belgian law applies, with the exception of the provisions of private international law regarding applicable law.

The courts of the Consumer’s place of residence have jurisdiction in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).


Appendix 1: Model withdrawal form

Dear Customer, you should only fill in and return this form if you want to revoke the agreement.

To Ohayo Prints, Mishagen 120, 2930 Brasschaat, [email protected].

I/We (*) hereby give notice to you that I/we (*) revoke our agreement concerning the sale of the following goods/provision of the following service (*):

Ordered on (*)/Received on (*):
Name(s) consumer(s) :
Address consumer(s) :
Signature of consumer(s):
Date :

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