Terms of service

Oallery B.V. ("Oallery", "www.oallery.com", "us", "we" and "our"), a service from www.oallery.com and its affiliates ("seller", "sellers", "merchant", "merchants", "business", "businesses", "vendor" and "vendors") operate as guided by the Terms of Service Notice listed below. By visiting us at oallery.com, ("your", "user", "users", "buyer", "buyers", "customer" and "customers") accept this Terms of Service Notice. Please read it carefully. When you use any current or future Oallery B.V. service (such as your account or profile, gift certificates, your reminder service, etc.) or visit/buy from any business affiliated with Oallery B.V., whether or not included in Oallery B.V., you will be subject to these guidelines. This Terms of Service notice supplants all previous representations, understandings, or agreements provided by Oallery B.V.. By using Oallery B.V. you agree to be bound by this Terms of Service Notice. All products or services and/or information displayed by Oallery B.V. constitute an "invitation to offer". Your order of purchases constitutes your "offer", which shall be subject to the Terms of Service Notice as listed below. Oallery B.V. reserves the right to accept or deny your offer for any reason at any time.

Definitions

"Agreement" means Terms of Service Notice as described in this text, including the privacy policy and all schedules, annexes and appendices, and will include references to an agreement as amended, negated, varied, supplemented, or replaced periodically. "Oallery" identifies the clothing shopping platform www.oallery.com/ (site or website), and/or our (mobile site or mobile website),(Oallery B.V. also describes it and its affiliates, which provide users the ability to purchase products listed Oallery B.V.. "Vendor", "seller" or "affiliate" describes any person or legal entity that offers products for purchase on an Oallery B.V platform. "Product" or "products" include any goods, products, merchandise, services, offers, or display items that are displayed on Oallery B.V. by its vendors, as well as the related description, information, warranties, delivery schedule, or procedure.

Indemnity

You agree to identify, defend and hold harmless Oallery B.V., its directors, officers, employees, consultant, agents, and affiliates from any and all third-party claims, liability, damages, and/or costs (including but not limited to legal fees) arising from the use of the (desktop or mobile) website or breach of the Terms of Service.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we do not undertake any action; we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Acceptance

Your access and use of the online clothing (desktop or mobile) website indicates that you have read, understand, and agree to be bound by these Terms of Service Notice, whether or not you are a registered Oallery B.V. user, and is subject to your compliance with these Terms of Service Notice. Oallery B.V. reserves the right to alter, add or remove any portion of the Terms of Service Notice at any time without prior notice. Your continued use of the (desktop or mobile) website constitutes your acceptance of the agreement with all such changes. It is your responsibility to periodically check the (desktop or mobile) website for any possible changes to the Terms of Service Notice. If you do not agree to be subject to these or any future Terms of Service Notice, please do not access or (continue to) use Oallery B.V. services. In addition, Oallery B.V. may post additional terms, conditions, rules or requirements related to the (desktop or mobile) website, or any of the services provided by those platforms. At its sole discretion, Oallery B.V. may also provide other services governed by different Terms of Service Notice.

Digital Communication

When you visit Oallery B.V. or transmit emails, it is understood that you are communicating electronically with Oallery B.V. As a result, you are thus giving your consent to receive electronic communications from Oallery B.V. Our representatives may communicate with you by email or within Oallery B.V. platforms. you agree that all notices, disclosures, and other communications provided to you electronically meet a legal requirement that such communications must be written.

Products display

The images of the products on the (desktop or mobile) website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your screen's display can accurately display the color of the products. Your products may vary slightly in color from those images. the packaging of the products may vary from what is shown on the images on the (desktop or mobile) website.

Product Availability and Description

We try to be as specific as possible on the (desktop or mobile) website about products and including product availability, size, color, type, quantity of stock available, and product description. However, while we try our best to ensure that product information on our website is correct. It is possible that the (desktop or mobile) website may contain typographical errors or inaccuracies. Therefore we reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice (including after you have submitted an order). Please also note that because the colors of the products you will see on the (desktop or mobile) website depend on your monitor/screen. We cannot guarantee that the display of a colour will be accurate and some colors may vary. If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for dispatch to you (Please note - some items may return in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your Credit/Debit/Paypal account has already been charged). Please note that the information provided about products on the (desktop or mobile) website is for information purposes only. Please make sure you read all labels, warnings, and directions provided by the product before use.

Trademark(s)

Oallery's logo that is hosted on Oallery’s platforms and used in any other locations as part of a communication with users is registered by Oallery B.V. and may not be used, communicated, or distributed without the possession of express written consent from Oallery B.V..

Site Access & License

Oallery B.V. grants users a limited license to access its platforms, and not to download or modify it or any other portion of it, except in the case that Oallery B.V. provides consent for such an action. The license does not include any resale or commercial use of the (desktop or mobile) website or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of these platforms or their contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, bots or similar data gathering and extraction tools. These platforms or any portion of them may not be reproduced, duplicated, sold, resold, copied, visited, or otherwise exploited for any commercial purpose without Oallery B.V.'s express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo or any proprietary information (including page layout, text, images, or form) of Oallery or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" Oallery B.V.'s name or our trademarks without Oallery B.V.'s express written consent. Any unauthorized use terminates the permission or license granted by Oallery B.V.. You are granted a limited, non-exclusive and revocable right to create any hyperlink to the www.Oallery.com homepage as long as the link does not portray the services or products of Oallery B.V. or its affiliates in a false, derogatory, misleading or otherwise offensive matter, or as you have the right of ownership of the same in any form. You may not use our trademark, or any Oallery B.V. logo or other proprietary graphics as part of link without express written consent and our acceptance

Usage restrictions

The entire content of the Oallery website is copyrighted as a collective work under copyright laws, coordination, enhancement, and arrangement of the content. The content of the Oallery web site, and the site as a whole; are intended solely for personal, non-commercial use by users of our site.

You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title, or interest in any content or materials is transferred to you as a result of any such activities. Oallery reserves complete title and full property rights in any content you download, reproduce, print, redistribute or store from this website.

Except as noted, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Oallery.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The (desktop or mobile) website or the linked webpages including its content, must not be framed on any other website, nor may you create a link to any part of this (desktop or mobile) website or the linked webpages other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer of Liability

The material displayed on the (desktop or mobile) website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Oallery B.V. and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of the (desktop or mobile) website or the linked webpages and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Oallery B.V. liability for death or personal injury arising from its negligence, fraudulent misrepresentation, or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Variation

Oallery B.V. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the (desktop or mobile) website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Price of Products and Delivery Charges

The prices of the products will be as quoted on the (desktop or mobile) website at the time you submit your order. We take all reasonable care to ensure the prices of products are correct at the time when the relevant information was entered into the system. Prices for our products may change from time to time, but changes will not affect any order you have already placed. The price of a product includes VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery. We will adjust the VAT you pay unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to our shipping information page. The (desktop or mobile) website contains several number of products. It is always possible that, despite our reasonable efforts, some of the products may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as miss-priced, we do not have to provide the products to you at the incorrect price.

Availability

We try our best to keep our webstore as up-to-date as possible. Even though our online stock is updated automatically, there is always a possibility that the ordered items(s) marked as “available” are NOT available in the desired sizing and/or sold out. Oallery will try to inform you as soon as possible when this occurs and give you alternative options if possible.

Delivery

Please see our shipping policy for delivery costs by destination and item type. We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded the amount paid for the order. Ownership and risk in the products you have ordered will pass to you from the time they are delivered to you.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Amsterdam and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.

Contact

Oallery BV

For any questions regarding the above-mentioned policies etc.; please contact us via e-mail

E-mail: info@oallery.com

Nieuwe Spiegelstraat 39, 1017DC Amsterdam, The Netherlands.

KVK: 70917450

VAT: NL858510376B01