terms and conditions
OPINARI – WICKEDCONCEPTS – Last date of modification: December 2019
The following Terms and Conditions are valid between you and OPINARI- Driver’s essentials(‘OPINARI/we/us’) and apply to all use of and orders placed on the website www.opinari-drivers.com (‘Website’). By using the website and/or placing an order on the website you confirm that you have read the Terms and Conditions and accept them. If you are unable to consult the Terms and Conditions via the internet, OPINARI will send you a copy of the most recent version of the Terms & Conditions by e-mail upon request.
We may change the Terms and Conditions from time to time without notice. You are responsible for keeping updated with changes in the Terms and Conditions. Please note that the Terms and Conditions that are valid for your order are always the Terms and Conditions in effect as of the time you place your order, and not a later version. You should file a copy of these Terms and Conditions on your computer.
Access to this website is permitted on a temporary basis. We reserve the right to withdraw or amend the services without notice. We will not be liable if, for any reason, the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.
2. INFORMATION ABOUT OPINARI – WICKEDCONCEPTS
OPINARI – Driver’s Essentials is a company registered in the Netherlands.
OPINARI – Driver’s Essentials;
7551 HG Hengelo,
Netherlands(Mon. – Fri. from 09.00 till 17.30);
Chamber of commerce number: 66296617
VAT identification number: NL125962113B01.
3. TERMS OF SALE
By placing an order you are agreeing to purchase an item on and subject to the Terms and Conditions. All (distance) orders / agreements are subject to availability and confirmation of the order price.
3.1 Eligibility to order / placing orders on the website
To place an order with OPINARI you must be at least 18 years old, be a consumer (not a reseller) and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate. By placing an order, you (need to) confirm that you have read and accept these Terms and Conditions. Parental or guardian consent is required for customers under the age of 18. The name and telephone number of the person giving consent shall be entered in the notification box at the checkout.
3.2 Your account and password
If you choose to register on the website you must treat the username and password for your account as confidential and must not disclose it to any third party. We advise you not to store your username and password in the same place. If you log in to your account you can view your order history. In your account we will only store the information you provide to complete the order such as billing, shipping address and e-mail. You are able to change all information stored in your account at all times. If you would like to delete your account or if you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
3.3 Quality of products
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper buyer’s assessment of the products/services. The images used by OPINARI are true representations of the products and services. Obvious mistakes and errors do not bind OPINARI.The images of the products as depicted on the website are truthful representations of the products offered. OPINARI cannot guarantee that the depicted colours exact match the real colours of the products because of the buyers monitor’s display accuracy. If you are unsatisfied with your product, please see section 7.2.
3.4 Ordering / order confirmation
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. OPINARI does not guarantee that all items included in the Online Shop are in stock at the time of your ordering meaning that items in your shopping basket are not reserved and therefore may no longer be available once you place your order.In the event that an item is unavailable, we will contact you as soon as possible by e-mail to the e-mail address that you have provided to us at the time of your placing of the order.When you place an order on our Website, we will send you an order confirmation by e-mail. The order confirmation e-mail contains your order number, details of the item that you have ordered an delivery particulars. Please note that the confirmation e-mail is an acknowledgement that we have received your order, but it is not an acceptance of your order.Once you have checked out and have received your order confirmation e-mail, neither you nor we will be able to make any changes to your order, so please make sure that everything is correct.
3.5 Acceptance / shipping confirmation
All orders placed by you are subject to acceptance by us. Acceptance will be achieved once the order has been processed and the payment has been received by OPINARI. Evidence of shipment will provided by us to you through a Track & Trace shipping confirmation.
3.6 Right to reject
We may, at our discretion, choose not to accept your order for any reason without any liability to you. Examples of when we may not accept your order are as follows:
- The product ordered is unavailable from stock;
- Our inability to obtain authorisation of payment;
- The identification of an error within the product information, including price or promotion;
- If we suspect any fraudulent activity;
- If shipping restrictions may apply to a product.
- Your billing information is not correct or not verifiable
- We have reason to believe you are under 18
- We have reason to believe you are a reseller
- Due to an outside our control (see 10. Force majeure)
If we are unable to deliver in accordance with the terms of the order, we will contact you and give you the opportunity to cancel the order.If we have already received payment, we will refund you the amount.
4. PAYMENT / PRICES / CURRENCY
We accept payments with Visa, MasterCard, American Express, iDeal, PayPal and Bancontact. Please do not try to pay by any other way than specified on the website. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
If you pay by credit/debit card we will deduct the amount due from your account as soon as we have sent the confirmation email. All creditcard payments are made via Stripe.com, a secure online payment gate way. Payments can only be processed if the billing information can be verified and the validation of cardholders has been checked. In the event that the card issuer refuses authorization of the payment, your order will be cancelled. We retain title in any product(s) until we have received full payment for such product(s).
In case of default by yourself, OPINARI has subject to legal restrictions, the right to charge the reasonable costs, which are consequently incurred by OPINARI. Such costs, will be made known to the buyer in advance.
The prices shown on the website include Dutch VAT(Vat Added Value) of 21% and delivery. Prices are quoted in Euro (EUR) and do not include service or payment. For countries outside Europe the prices remain, but against 0% VAT.The prices shown on the Website may vary from time to time. OPINARI is not bound by the price until OPINARI has accepted the order by sending the shipping confirmation to you. OPINARI reserves the right to change, limit or terminate any special offers or discounts at any time.
If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.
4.4 Price errors / changes
We always try and ensure that all prices on the Website are accurate, however errors may occur. If we discover an error in the price of any item(s) which you have ordered, we will notify you by email about the price change and give you the option to reconfirm your order at the correct price or cancel the order. If we are unable to contact you, your order will be cancelled. OPINARI reserves the right to cancel any order prior to our acceptance of the order. If we have already received payment for a cancelled order, we will refund you the amount of the purchase. We are not able to compensate price differences, for example due to exchange rates, with placing orders or returns.
We shall observe in utmost care the reception and execution of orders for products taking into account the following:
- The address that has been made known by you to OPINARI is considered to be the delivery place.
- All terms for delivery are indications. We will endeavour to meet the terms for delivery as indicated. You cannot, however, derive any rights to any mentioned terms. The exceeding of a delivery term does not entitle you to any form of compensation.
- If the delivery of an ordered product appears to be impossible, OPINARI shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered.
- If you receive a damaged product, you should report this by e-mail within 3 days. You can send this email to: email@example.com (see section 7. COMPLAINTS).
- OPINARI bases the delivery time shown on the website on the transit times stated by shipping partners. Even though OPINARI selected her shipping partners with care, OPINARI can not be held liable or responsible for delays in shipping or delivery due to circumstances beyond our control such as weather, strikes, postal delays et cetera.
- If the delivery address is located outside Europe, it is possible that the country in question charges additional levies, such as VAT and import tax. We have no influence or control over such levies and can therefore not provide you any further information. It’s your own responsibility to check if the ordered articles can be exported and imported to the country in question and what the costs are, before placing such an order.
- The orders are processed from Monday to Friday from 09:00 to 17:30(except on public holidays, your order will be sent the first working day after). The orders placed on Saturday or Sunday will be processed on the following Monday.
- All packages are insured and have a tracking number so the package can be tracked. This tracking number will be shared in the shipping confirmation e-mail.
- If you do not pick up your purchased item at the applicable delivery point, OPINARI will charge you for the actual costs for freight charges and return freight charges.
INFORMATION ABOUT CUSTOMS
For shipments outside Europe it may happen that a package will be kept at customs for inspection. Unfortunately, the inspection could take up to 30 days to send the package forward to the delivery address. Please contact firstname.lastname@example.org if you haven’t received your package after the customs clearance time. After those 30 days, we will start an investigation on your shipment. As mentioned above at 5. please take notice about any additional levies such as VAT and import taxes. It’s your own responsibility to check if the ordered articles can be exported and imported to the country in question and what the costs are, before placing such an order.
6. CANCELLATIONS / RETURNS
6.1 Cancelling order before delivery
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact us at email@example.com. The cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
6.2 Returning orders after delivery
You have the right to return the purchased products within 14 days, without giving any reason. This is the so-called cooling-off period. Customized and Custom-made driving gloves are non-exchangeable and non-refundable due to limited resell ability. These are orders by which the customer chooses to add a logo or initials to the product or made use of our "Custom Made Service" and choose their own color, design and initials for the driving gloves.
The right to return the product is meant to determine if the product is suitable and if you indeed want the product. It is permissible to try the product as far as necessary to verify whether or not you actually want the product, just like you would do in a retail space. Further use of the product, such as wearing the product in a public space or any other actual use, affects your right to return the product.
When you return a product that is damaged, has been washed, the labels have been removed, is incomplete or a product contains other signs of wear which show the product was used more extensively than permitted, you are kept liable towards OPINARI for the total value of the product. All items should be returned in their original packaging. The boxes should be kept intact as they are considered part of the product.
You can use this right to the purchased products by informing us by email at firstname.lastname@example.org. Do not send the product(s) back without having received our e-mail confirmation in reply to your notice of returning the product(s). Please notice that the above-mentioned cooling-off period is not applicable to custom made orders! For more information about custom made orders, please contact at email@example.com.
If you choose to return the product(s) you are required to return this product as soon as possible, but no later than 14 days after receipt of all the products in your order to the address of OPINARI as stated in Art. 2 – You must prove that the product is returned on time, for example through a proof of shipment. The risk and direct costs of the return shipment of the product to OPINARI are for your own account. In case we do not receive the product, we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the company used for shipping.
If the you are located outside Europe (or the delivery address is outside Europe), you shall declare the returned product as “Returns and Repairs of Dutch Merchandise” on the customs declaration. Returned packages that do not have this statement on their custom declaration may not be successfully delivered to our warehouse and may incur additional fees which are for your account.
if you have not, within the terms as mentioned above under 6.1 and 6.2, notified OPINARI that you wish to return the product to OPINARI, the purchase is established. Unfortunately, it’s not possible to exchange items. If you would like a different style, you will have to return the product and place a new order on the website.
6.3 Refund information
If you inform us that you wish to return your entire order, we shall refund to you the payment received, with the exception of any supplementary costs such as return costs, possible local duties, tax and / or handling charges. All reimbursements will be paid within 10 days from the date we received and accepted the returned product(s). We will reimburse you using the same method of payment that you used to make the original transaction, unless we arrange a different method with you. You will not be charged any cost for such repayments under any circumstances except for any possible differences resulting from exchange rates. Custom-made driving gloves are non-refundable due to limited resell ability.
- Complaints about the execution of the order must be submitted fully and clearly within 3 days after delivery of the product and you have observed that the product is not delivered according to the order /specifications.
- Complaints submitted shall be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, OPINARI will reply within 7 days with a notice of receipt and an indication when you can expect a more comprehensive response.
- If OPINARI concludes that a complaint is rightfully made, OPINARI at its own discretion will either replace or repair the goods.
- The products will have to be returned in their original packaging. OPINARI will be held liable for the shipping costs in the occasion of any faulty products that have been delivered to you. Please contact firstname.lastname@example.org.
- A complaint that does not meet the requirements set out in this Article 7, shall not be taken into consideration by OPINARI, and shall not release you from any of the obligations under the order including these Terms and Conditions.
Under these Terms and Conditions you acknowledge that minor deviations and deviations that are generally considered acceptable in respect to quality, size, colour, finishing, etc. of products cannot be avoided or are difficult to avoid and do not constitute a reason to submit a complaint.
If OPINARI fails to comply to the Terms and Conditions of the order, the maximum liability OPINARI accepts is the value of the order.
In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the website, our liability will be limited to:
OPINARI will never be liable for any loss, of whatever nature, caused by OPINARI having used incorrect and/or incomplete data provided by you or on your behalf.
8.2 Third party
We shall not be liable for damage incurred by improper use of any of our products or by use for purposes the product is not designed for.
8.3 Electronic communications
Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail cannot be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on the website, whether express or implied.
8.5 Commercial use
Please note that we only provide the website for private use. You agree not to use the website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. FORCE MAJEURE
In the event OPINARI is prevented from meeting its obligations under an order as a result of circumstances that occurred through events outside its control, OPINARI will be entitled to claim force majeure. Such situations include, but are not limited to war or danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, strikes, wilful damage, failure of electricity, telephone or internet services, natural disasters, limited transport possibilities due to weather conditions and traffic congestion, circumstances that prevent the production, trade limitations, problems with customs authorities or similar events. In the event of force majeure, OPINARI will contact you as soon as reasonably possible to notify you. In the case of force majeure our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the events outside our control. However, we could without any notice of default being required and without being obliged to pay any compensation, to terminate the Contract partially. You may also cancel the Contract if the event of force majeure continues for over 6(six) months and no longer wish us to receive the products.
10. ACCESS TO THE WEBSITE
11. INTELLECTUAL PROPERTY RIGHTS
All elements on the website are owned by or licensed to OPINARI and its affiliates. All elements of the website including (but not limited to) the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights.You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. You may not publish, duplicate, distribute or otherwise reproduce the content to others without prior consent from OPINARI.
12. INFORMATION ON THE WEBSITE
Although the website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.
13. LINKED WEBSITES
The website provides links to external Internet sites. We shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it. These websites have their own separate Terms and Conditions as well as privacy policies. OPINARI is not responsible and cannot be held liable for the content and activities of these websites.
15. USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the website), on the website, or if you send such User Generated Content through the website to OPINARI, ownership of any existing and future intellectual property rights and other rights in the User Generated Content is hereby automatically transferred to OPINARI. To the extent such transfer is not valid, you grant to OPINARI, by submitting the User Generated Content to OPINARI, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.You warrant that any User Generated Content or other information which you send to the website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
OPINARI does not, and you agree that OPINARI has no obligation to, review the User Generated Content and OPINARI is not in any manner responsible for User Generated Content.
Notwithstanding the foregoing, you acknowledge and agree that OPINARI has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify OPINARI in writing of any objectionable content appearing on the Website.
Any use of any content on the website, including, without limitation, User Generated Content, will be at your own risk.
16. SEVERABILITY AND WAIVERS
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. ADDITIONAL AND DIFFERENT PROVISIONS
Additional or different provisions to these Terms and Conditions are not to the prejudice of you as far they do not affect the Terms and Conditions applicable to your order and will be recorded in writing in such a manner that you can save these in an accessible way on a durable medium.
18. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are in accordance with the laws of the Netherlands. In the event of a dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch Courts. The Vienna Sales Convention does not apply.