General Terms and Conditions
1. Introduction
1.1 These terms and conditions govern your use of our website and any product purchases made through it.
1.2 Definitions and explanations of the terms used in this document can be found in section 26.
2. Acceptance
2.1 By using our website or purchasing products, you confirm and guarantee that:
(a) You are 18 years or older.
(b) You have the legal ability to enter into a binding contract with us.
(c) You are not restricted by any laws or treaties from entering such a contract.
2.2 We may ask for written confirmation of your authority to accept these terms.
2.3 You further confirm and guarantee that you:
(a) Have not been convicted of any computer or internet-related crimes.
(b) Have not been previously denied access to our website or products.
2.4 We reserve the right to deny access to our website at our discretion.
2.5 By placing an order, you agree to the following:
(a) You have read and understood these terms and conditions thoroughly.
(b) Your order is an offer to purchase based on these terms.
(c) Any order confirmation will be governed solely by these terms and conditions.
(d) You agree to abide by these terms and conditions.
2.6 If you disagree with these terms and conditions, you should not use our website or purchase any products.
2.7 Agreement to Terms and Conditions
You must explicitly agree to these Terms and Conditions to:
(a) Submit any information through our website.
(b) Purchase any products.
2.8 Acceptance of Additional Policies
By visiting our website, making a purchase, or agreeing to these Terms and Conditions:
(a) You also agree to our Privacy Policy.
(b) You accept and agree to comply with our Acceptable Use Policy (refer to section 12 for details).
2.9 Recommendation
We highly recommend saving or printing a copy of these Terms and Conditions for your future reference.
2.10 Non-Agreement
If you do not agree with these Terms and Conditions, you are not allowed to place an order or communicate with us.
3. Personal Use
You confirm that you will use the website and its services to purchase products solely for your personal, non-commercial use. You agree to act as a principal and not as a representative for anyone else.
4. Prices
4.1 The prices displayed on our website include delivery charges, but exclude any taxes, duties, fees, or other government-imposed charges (“duty unpaid and untaxed”).
4.2 You are responsible for any import duties, taxes, fees, or other charges related to products shipped to your address. These costs are not included in the product prices.
Additional charges like customs duties or import VAT may apply, especially when goods are shipped from outside the EU (e.g., from China). It is recommended to confirm with our customer service whether customs duties apply before placing your order.
Customs duties and import VAT are the buyer's responsibility. Goods are shipped "duty unpaid and untaxed," and as the "importer of record," the buyer is responsible for proper payment of customs duties and compliance with all import laws and regulations of the destination country. Since import rules vary by country, please check the relevant duties and VAT for your country before placing an order.
4.3 While we strive to ensure all details, descriptions, and prices on our website are accurate, errors may occur.
If a pricing error is identified, we will notify you and provide an option to reconfirm your order at the correct price or cancel it.
If we cannot contact you or do not receive a response, the order will be canceled, and you will receive a full refund.
If you reconfirm your order, we will arrange delivery and adjust the payment accordingly, using the same payment method as the original order.
4.4 We are under no obligation to fulfill an order if the price shown on the website is incorrect, even after you have received an order confirmation.
4.5 Prices may change, but any changes will not affect orders that have already been confirmed.
5. Placing an Order
5.1 All orders are subject to product availability. Once you place an order, we will send an order confirmation if the product is in stock, acknowledging your order. If products are unavailable or if there are delivery issues, we will inform you by email and issue a full refund for the affected order.
5.2 A contract is formed only when we send you an order confirmation, and it applies solely to the product(s) listed in that confirmation. These terms and conditions are part of the contract and take priority over any other terms.
5.3 If your order contains multiple products, they may be shipped separately at different times.
5.4 We reserve the right to remove products from the website or modify content at any time. We are not liable to you or any third party for the removal of products or changes to website materials.
5.5 We have the right to refuse or cancel any order at any stage, even after sending an order confirmation. We are not liable to you or any third party for any refusal or cancellation.
5.6 If we cancel your order after receiving payment (including after sending an order confirmation), we will refund the full payment amount to you.
6. Payment
6.1 Payment for products can be made using any of the payment methods listed on our website.
6.2 You may also use promotional vouchers provided by us to pay for part or all of your order. These vouchers can only be redeemed during online checkout.
6.3 We may use payment intermediaries to process payments. By placing an order, you consent to us sharing the necessary documents and information, including personal data, with these intermediaries.
6.4 We are not a regulated payment processor or money service provider, and we are not responsible for any payment failures or issues caused by payment intermediaries.
6.5 You are responsible for ensuring that the information provided during payment is accurate and complete. By making a payment, you confirm that:
(a) The payment method belongs to you;
(b) Any promotional voucher used is rightfully yours (if applicable); and
(c) You have enough funds or credit to complete the payment for your order.
6.6 We are not responsible for unauthorized use of your credit, debit, or prepaid cards by third parties, even if reported stolen. We reserve the right to report fraudulent or illegal activity, including unauthorized payments, to relevant authorities or credit bureaus.
6.7 You agree not to:
(a) Attempt or initiate chargebacks for payments made to us; or
(b) Reverse any payments made for products.
6.8 You agree to indemnify and hold us harmless against any losses, costs, liabilities, or expenses arising from chargebacks, payment cancellations, or reversals initiated by you.
7. Delivery
7.1 We will do our best to deliver your order to the address provided during your purchase.
7.2 An estimated delivery timeframe will be shown at the checkout stage.
7.3 If we cannot deliver within the estimated time, we will inform you promptly. However, to the extent permitted by law, we are not responsible for any loss, expense, or inconvenience caused by delays in delivery.
7.4 If delivery to your specified address is not feasible, we will notify you. You may then choose to cancel your order for a full refund or provide a new delivery address.
7.5 Responsibility for the products transfers to you once delivery is completed unless the delay is due to your failure to meet these terms. In such cases, responsibility passes at the point when delivery would have occurred without the delay.
7.6 If you are unavailable to receive your delivery, the carrier may leave instructions for rescheduling or collection.
7.7 If you refuse delivery without valid reason or fail to collect your order, we may charge you for any reasonable costs incurred in returning the goods to us. This does not limit any other rights or remedies we may have.
7.8 Products are dispatched within 2-5 working days after payment is confirmed. Standard delivery usually takes 5-8 working days but may extend to 4 weeks in rare cases, unless otherwise noted. Items are shipped directly by the manufacturer once your entire order is ready.
7.9 Customs, Duties, and Taxes:
Any customs duties, taxes, import fees, or required declarations are your responsibility and are not included in the price of the products.
Additional charges, such as customs duties or import VAT, may apply if the goods are shipped from outside the EU (e.g., from China). Please contact our customer service team for clarification regarding any applicable duties before placing your order.
We do not cover customs duties or VAT; products are shipped "duty unpaid and untaxed."
As the buyer and "importer of record," it is your obligation to pay any required duties and taxes and to comply with the laws and regulations of the country where the goods are being imported.
We recommend checking your country’s import duty and VAT requirements before completing your purchase.
8. Cancellation or Modification of Orders
8.1 You may request to cancel or amend your order by contacting us via email after placing it.
8.2 After Packing:
- Once your order has been packed, cancellations or modifications are not possible. In such cases, you must follow the return process outlined in section 10.
- Since products are shipped from Asia, we cannot influence the longer transit times.
- If the goods have already been shipped, cancellation is no longer an option. You will need to wait for the items to arrive and then return them. Notifying us in advance of your intent to cancel is still encouraged.
- To speed up the returns process, provide us with proof of shipment for returned items. Refunds may only be issued prior to receiving the goods if 16 weeks have passed since the order date and the goods have not arrived.
8.3 Automated Order Processing:
- Orders are processed automatically and dispatched shortly after being placed.
- It is not possible to interrupt the shipping process once it begins. Refunds may only be issued within 24 hours of placing the order if the goods have not yet been dispatched.
9. Defective Products
9.1 The products we offer are standard items and are not tailored to individual requirements.
9.2 All product descriptions, materials, and information on our website are provided "as is" and without warranties, whether express or implied.
9.3 The product images on the website may differ slightly from the actual items you receive.
9.4 If you receive a defective product, contact us via email with details of the issue and include a photo of the defect.
9.5 Defective products must be returned in line with the process described in section 10.
9.6 Once we receive the returned item, we will inspect it promptly. Processing times may vary depending on your order.
9.7 If we confirm the defect, we will notify you via email.
9.8 If the product is found to be defective, we will, at our discretion:
(a) Replace the Product: Send a replacement product to your address and cover the delivery costs. The defective product must be returned to us.
(b) Issue a Refund: Refund the product’s purchase price along with the return shipping costs, using your original payment method.
9.9 If the product is deemed not defective, we may decline to issue a refund for the purchase price. Additionally, reasonable service fees may be deducted from your original payment. To the extent permitted by law, we are not liable for any costs, damages, or losses resulting from this determination.
10. Returns and Refunds
10.1 The returns policy outlined here forms part of the Terms and Conditions of Sale governing your use of our website.
10.2 If you are dissatisfied with your order, you may contact us via email to initiate a return within 30 days of receiving the final product in your order. If a third party (not the carrier) received the product on your behalf, the 30-day period begins on that date.
10.3 Return shipping costs are your responsibility and must be covered by you.
10.4 Refunds will be processed only after we receive the returned product and complete an inspection.
10.5 Returned items must be in their original condition, unused, properly packaged, with all labels intact, and in their original packaging. We reserve the right to decline returns if the items are not in acceptable condition.
10.6 The processing time for returns may vary depending on your specific order.
10.7 Once the return is approved following inspection, we will notify you via email. Refunds will be promptly issued to the original payment method.
10.8 The return process is considered finalized when we receive the returned goods.
10.9 Since our products are shipped from Asia, longer delivery times may apply, which we cannot control. If the goods are already in transit, cancellations are not possible. You must wait to receive the items before returning them. However, you can notify us in advance if you intend to cancel.
For quicker processing, we recommend providing proof of shipping for your return. Early refunds (before receiving the returned items) may only be considered if 16 weeks have passed since the order date and the goods have not yet been delivered.
11. Vouchers
11.1 Promotional vouchers or discount codes can be used for purchases made on our website.
11.2 To apply a voucher or discount, enter the relevant code during checkout.
11.3 Once applied, the voucher or discount amount will be deducted from your order total at checkout.
11.4 Only one voucher or discount code can be applied per order.
11.5 Vouchers have no monetary value and do not earn interest.
11.6 If the voucher value is less than your total order amount, you can pay the balance using any other accepted payment method.
11.7 If you return an order purchased with a voucher, the value of the voucher will not be refunded. However, any additional amount paid using another payment method may be refunded.
12. Permitted Use
12.1 You agree to refrain from engaging in the following prohibited activities ("Prohibited Actions"):
(a) Using our website in ways that could harm it, disrupt its functionality, or compromise its availability or accessibility.
(b) Utilizing our website for unlawful, fraudulent, harmful, or unethical purposes, or in connection with such activities.
(c) Uploading, sharing, or distributing content containing malicious software, such as viruses, spyware, Trojan horses, worms, or rootkits, through our website.
(d) Conducting automated data collection processes (e.g., scraping, mining, or harvesting) on our website without explicit written consent.
(e) Accessing or interacting with the website using automated tools like bots or spiders.
(f) Breaching guidelines outlined in our website's robots.txt file.
(g) Using data from our website for direct marketing purposes, including email, SMS, or telemarketing.
(h) Contacting individuals or entities using data collected from our website.
(i) Interacting with or connecting to the website through unauthorized devices.
(j) Engaging in hacking, malicious networking, or activities that could harm any devices connected to the website.
(k) Attempting to reverse engineer, modify, translate, or access the website's source code.
(l) Using the website to create competing products or to share product comparisons with third parties.
(m) Selling, leasing, sublicensing, or otherwise transferring your website access.
(o) Sharing website access with third parties via private networks.
(p) Altering or republishing content copied or printed from the website in any format.
(q) Using the website in any manner that violates laws or regulations.
(r) Making unauthorized or speculative orders.
(s) Placing false, misleading, or fraudulent orders.
12.2 You accept responsibility for any damages, losses, or costs incurred by us due to your involvement in prohibited actions.
12.3 You agree to inform us immediately if you become aware of prohibited activities and to assist us in investigating such matters.
12.4 Any information you provide through our website must:
(a) Be accurate, current, complete, and not misleading.
(b) Comply with all relevant laws and regulations.
(c) Respect the rights of others, including intellectual property, privacy, and confidentiality.
(d) Avoid content that is offensive, abusive, illegal, or otherwise objectionable.
12.5 You must provide documentation or information as requested to verify your identity and ensure the accuracy of details submitted.
12.6 It is your responsibility to comply with applicable laws based on your location or residence when using the website.
12.7 Notify us promptly if you notice any content or activity on the website that violates these terms.
13. Links to the Website
13.1 Links to external websites or resources provided on our site are for informational purposes only and do not imply our endorsement or approval.
13.2 We do not have control over the content of third-party websites or resources linked from ours.
13.3 You may link to our homepage, provided the link is fair, legal, and does not harm or exploit our reputation.
13.4 Links must not imply affiliation, approval, or authorization where none exists.
13.5 You cannot link to our website from a site you do not own.
13.6 Embedding our website in frames or linking to parts of the site other than the homepage is not allowed.
13.7 We reserve the right to revoke linking permissions at any time without notice.
13.8 Websites linking to ours must adhere to the content standards outlined in our acceptable use policy (see paragraph 12).
13.9 Contact us for prior approval if you intend to link to our website in a way that does not meet these guidelines.
14. Intellectual Property Rights
14.1 The website’s code, structure, and organization are protected by intellectual property rights.
14.2 We own or are licensed to use all intellectual property rights relating to the website, including its content and materials. These are protected globally by laws and treaties, and all rights are reserved.
14.3 You may only use the website and its content for personal, non-commercial purposes, and in compliance with these terms and conditions. This includes content related to our products.
14.4 You agree to inform us promptly if you suspect any infringement of our intellectual property rights.
14.5 You may not use our trademarks without prior written consent unless they are part of material used and reproduced in strict compliance with paragraph 13.
15. Data Protection
15.1 Our Privacy Policy forms part of these terms and conditions and governs your access to and use of the website.
15.2 We use cookies, including for tracking customer preferences on viewing the site. By accepting these terms, you consent to the use of cookies for such purposes. For further details, please refer to our Privacy Policy.
15.3 If you provide personal data, we will process it following your instructions and ensure adequate security measures to protect it against unauthorized access, accidental loss, destruction, or damage.
15.4 Unless otherwise agreed or required, information and documents related to product sales may be shared between us and accessed electronically by our employees, officers, consultants, or agents.
16. Viruses
16.1 We do not guarantee that the website is free of viruses, errors, or security vulnerabilities.
16.2 You are responsible for configuring your systems, software, and platforms to access the website safely. It is recommended that you use your own antivirus protection.
16.3 You must not misuse the website by introducing viruses, Trojan horses, worms, logic bombs, or other harmful or malicious material.
16.4 You must not attempt to gain unauthorized access to the website, its hosting server, or any related computer or database.
16.5 You must not perform or attempt to perform a denial-of-service (DoS) or distributed denial-of-service (DDoS) attack against the website.
16.6 If you violate this paragraph, your right to use the website will be terminated immediately. We may report any violations to relevant authorities as required by law.
17. Liability
17.1 General Limitations
Subject to paragraph 17.13, and to the fullest extent permitted by law, we will not be liable for any loss incurred by you or others resulting from:
(a) Third-party or user content;
(b) Our content, including accuracy, completeness, or timeliness;
(c) The products, including their quality, descriptions, images, specifications, or suitability;
(d) Reliance on information within these terms, conditions, or the website;
(e) Inability to access or partial/unavailable access to the website, or errors;
(f) Delays or failures caused by circumstances beyond our control, such as power outages, strikes, inclement weather, supplier delays, or other unforeseen events.
17.2 Exclusion of Indirect Losses
We are not liable for any loss of profits, business opportunities, goodwill, savings, or other indirect, special, or consequential damages, even if such losses were foreseeable or we were aware of the possibility.
17.3 Liability Cap
Our maximum liability to you under these terms or for product-related claims is capped at the greater of:
- US$1,000; or
- Five times the price you paid for the product that caused the liability.
Unpaid amounts owed by you will reduce this limit.
17.4 Time Limitation
Claims for breach of contract, tort, or statutory duty must be brought within one year of the event causing the loss or expense.
17.5 Employee Liability
Except where legally unavoidable, no claims may be brought personally against our employees, officers, consultants, or agents related to these terms.
17.6 Implied Terms Excluded
To the fullest extent permitted by law, all implied warranties, conditions, and obligations are excluded.
17.7 Specific Acts or Omissions
Claims against us or our personnel are limited to our direct acts or omissions.
17.8 Aggregate Liability
Liability applies collectively and does not allow separate claims for the same damage.
17.9 Group Liability
Liability extends to the entire service or product supplied, with no separate limits for you, your company, or affiliates.
17.10 Shared Liability
If we are jointly liable with another party, we are responsible only for our share of fault, not that of others.
17.11 Reduction of Liability
Liability is reduced by amounts attributable to other parties, regardless of whether claims are pursued against them.
17.12 Additional Considerations
Liability assessments will not consider whether other liable parties are time-barred, insolvent, excluded by limitation clauses, or otherwise unable to contribute.
17.13 Exclusions and Limitations of Liability
The exclusions and limitations in this section do not apply to liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or reckless breach of duty;
(c) Any liability that cannot be excluded or limited under applicable law;
(d) Minimum liabilities required by law or regulation, which will replace the limits outlined here.
17.14 Remedies
This section provides a comprehensive and exhaustive list of remedies available under or in connection with these terms and conditions.
18. Indemnification
18.1 Your Obligations
You agree to indemnify and hold harmless the Indemnified Parties against all claims, costs, and losses of any nature arising from:
(a) Your material breach of these Terms and Conditions;
(b) Fraud, negligence, misconduct, or reckless disregard of your obligations under these Terms;
(c) Your use of our website.
18.2 Reimbursement
We may claim reimbursement for reasonable costs incurred in connection with an indemnified claim, and you must pay these costs upon demand.
19. Force Majeure Event
19.1 Termination for Extended Force Majeure
If a Force Majeure Event lasts for more than one week, we may terminate these Terms immediately with written notice. In such cases, our only liability will be to refund payments for Products you have purchased but not received.
19.2 Handling Force Majeure Events
We will use our discretion to address a Force Majeure Event to meet our obligations under these Terms.
20. Variations
20.1 Amendments to Terms
We may revise these Terms and Conditions periodically. If changes may detrimentally affect you, we will notify you in advance. The latest version of these Terms will govern your use of our website and products.
20.2 Non-Agreement with Changes
If you do not agree to the amended Terms, you must stop using our website and refrain from purchasing products.
20.3 Consent to Changes
If you have expressly accepted these Terms, we will request your explicit consent to any revisions before your next product purchase. If you do not provide consent within the specified time, you must discontinue using our website and refrain from purchasing products.
21. Your Breach
21.1 Remedies for Breach
If you breach these Terms or if we reasonably suspect a breach, we may:
(a) Issue formal warnings;
(b) Temporarily block your access to the website;
(c) Suspend processing of your orders;
(d) Refuse payments from you;
(e) Permanently bar your access to the website;
(f) Block access from your IP address;
(g) Contact your Internet service provider to block your access;
(h) Pursue legal action for breach of contract or other violations.
21.2 Circumvention Prohibited
If your access to the site is suspended, banned, or blocked, you must not attempt to circumvent these measures.
22. Termination and Suspension
22.1 Voluntary Termination
You may stop using the Site at any time.
22.2 Suspension by Us
We may suspend the Site's availability at any time, with or without cause, and with or without prior notice.
22.3 Termination Due to Legal or Disruptive Use
We may suspend or terminate your access if your use of the Site risks causing legal liability or disrupting others' use of the Site.
22.4 Notification of Suspension or Termination
While we will attempt to notify you in advance, we reserve the right to suspend or terminate your access immediately and without notice.
22.5 Availability of the Website
We do not guarantee continuous or uninterrupted availability of the Site. Interruptions or restrictions may occur for operational or commercial reasons. You are not entitled to compensation for any such interruptions, terminations, or modifications.
23. Effect of Termination
23.1 End of Obligations
Termination of these terms ends our obligation to provide customer service.
23.2 No Compensation
You are not entitled to compensation for loss of rights, goodwill, or other losses due to termination, regardless of the cause.
23.3 Surviving Provisions
Rights and obligations established before termination remain unaffected. Sections like 17 (Liability) and 18 (Indemnification) will survive termination.
24. General Provisions
24.1 Non-Transferable Rights
You cannot transfer or assign your rights under these terms.
24.2 Cumulative Remedies
Rights and remedies under these terms are cumulative and do not exclude other legal remedies.
24.3 Subcontracting
We may subcontract website hosting to third parties.
24.4 Severability
If any term is deemed invalid or unenforceable, it will still apply to the fullest extent allowed, and the rest of the terms remain valid.
24.5 Waiver of Rights
Failure to enforce any right does not constitute a waiver of that right or any subsequent breaches.
24.6 No Third-Party Consent
These Terms do not grant rights or require consent from third parties.
24.7 Mutual Benefit
These Terms are intended solely for the benefit of the parties involved, not third parties.
25. Applicable Law
Terms such as "Order," "Order Confirmation," "Payment Intermediary," "Product," "Website," and "Site Infrastructure" refer to their respective definitions provided throughout these Terms.
26. Interpretation Provisions
26.2 Paragraph References
References to paragraphs pertain to this document.
26.3 Headings
Headings are for convenience and do not affect interpretation.
26.4 Inclusive Language
Singular terms include the plural, and vice versa. Gendered terms include all genders, and "persons" include entities, companies, and partnerships.
Company Information:
Ousterfield Fashion
Address: Van Houtstraat 8, 6921 BG, Duiven, Netherlands
(Our business address does not serve as a return address. Packages sent here will be rejected.)
Email: info@ousterfieldfashion.com
Contact page: https://ousterfieldfashion.com/pages/contact
Company no.: 91554241
Phone number:+31 613421454 (no customer support)
Our customer service team is available Monday to Friday from 9 AM to 5 PM.