1. IDENTIFICATION OF THE SELLER
OTIUM DESIGN (DS PLASTICS BELGIUM bv)
Mosten 18
9160 Lokeren
Belgium
Phone: +32 9 280 78 80
Fax: +32 9 280 78 89
e-mail: sales@otium-design.com

2. GENERAL PROVISIONS AND DEFINITIONS
The present terms and conditions of sale are exclusively applicable to internet sales by OTIUM DESIGN to end users on the territory of Belgium and abroad. However, the terms and conditions that were applicable at the time of the sale will always remain applicable to ongoing contracts.

OTIUM DESIGN makes deliveries via the web shop in Belgium, the Netherlands, France and Luxembourg. The contract can be entered into in the English, French, Dutch or German language, at the buyer’s option. The subsequent exchange of data will take place in one of these languages as well. The buyer cannot invoke the fact that they have insufficient knowledge of the chosen language to claim that one or several provisions are not applicable.

All disputes are subject to Belgian law. Only Belgian courts have jurisdiction, in particular those of the district in which the registered office of OTIUM DESIGN is situated.

The web shop is only meant for purchases and not for resale. Therefore, these provisions only apply to the purchase by an end user, irrespective of whether the buyer is a natural person or a legal entity.

3. SCOPE
These general terms and conditions apply to all offers of OTIUM DESIGN and to any distance contract entered into between OTIUM DESIGN and the buyer.

The text of these general terms and conditions will be made available to the buyer before the distance contract is entered into. If this is not reasonably possible, OTIUM DESIGN will, before entering into the distance contract, indicate how the general terms and conditions can be consulted, and that they will be sent to the buyer at the latter’s request, as soon as possible and free of charge.

By way of derogation from the previous paragraph, if the distance contract is entered into electronically, the text of these general terms and conditions can be put at the buyer’s disposal electronically in advance, in such a way that the buyer can simply save it on a sustainable data carrier. If this is not reasonably possible an indication will be given, before the distance contract is entered into, of how the general terms and conditions can be consulted electronically and the buyer will be informed that the general terms and conditions will be sent to them at their request either electronically or by any other means of communication, free of charge.

If specific product or service conditions are applicable in addition to these general terms and conditions, the second and third paragraph will apply accordingly and in case of contradictory terms and conditions, the buyer can always invoke the provision most favourable to them.

4. THE OFFER
If an offer has a limited period of validity or is subject to certain conditions, this will be mentioned explicitly.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed so as to enable the buyer to properly assess the offer.

Apparent mistakes or errors in the offer are not binding for OTIUM DESIGN.

Each offer contains the information required to make the rights and obligations linked to the acceptance of the offer clear to the buyer.

5. CONCLUSION OF THE INTERNET SALE
The catalogue of the products and their description, which can be found on the website, does not constitute an offer. The sale is concluded only upon receipt of the confirmation e-mail.

OTIUM DESIGN reserves the right to request additional information in view of the buyer’s safety and security, and to refuse to execute the order if such additional information is not provided. OTIUM DESIGN is authorised to refuse orders that show that the buyer has the intention to resell the products.

6. TRANSFER OF OWNERSHIP
By way of derogation from the provisions of article 1583 of the old Belgian Civil Code, we will remain the sole owners of the goods sold and delivered until full payment of the invoice.

In spite of this retention of title, the risk of loss or damage will be transferred to the buyer as from the moment of delivery to the buyer or a representative of the buyer, unless explicitly agreed otherwise.

7. PRICES
Our prices are inclusive of VAT.

The normal costs of delivery or shipment are indicated on the basis of the information provided by the buyer with respect to the place of delivery.

All offers are valid for as long as they are included on the website. The prices indicated are subject to change. If an order is placed, the price that was applicable at the time of the order applies to the internet sale, except in case of erroneously published prices.

If the price of a product is not correct at the time of the purchase, the buyer is entitled to purchase the product at the correct price or to cancel the purchase.

8. PAYMENT
The buyer can pay the order by means of Bancontact, Mastercard or Visa.

9. DELIVERY
With a view to the buyer’s safety and security, the presentation of an identify document (or of a copy) can be requested upon delivery. The buyer signs for receipt of delivery.

The place of delivery is deemed to be the address communicated by the buyer to OTIUM DESIGN.

OTIUM DESIGN aims to process all online orders in 2 to 4 weeks. Should the buyer not receive the product within 30 days after the order id placed (on account of force majeure or exceptional circumstances beyond the buyer’s control), the buyer is entitled to cancel the order.

Unless agreed otherwise, the delivery period is in principle limited to 30 days. If it cannot be respected, this is mentioned on the page of the product concerned.

10. CONTACT

For complaints relating to the purchase, the delivery, defective products etc., the buyer can contact the OTIUM DESIGN after-sales service at sales@otium-design.com.

In order to be considered, any complaints relating to visible damage to goods delivered or damage caused by our delivery services are to be formulated in writing on the documents accompanying the delivery. The same applies to incorrect or incomplete deliveries.

11. WARRANTY
The legal 2-year consumer warranty applies. This warranty is extended to any buyer – natural person or legal entity – or end user who does not fall within the scope of the strict definition of a “consumer” in consumer law.

1. This warranty only covers any lack of conformity that already exists upon delivery of the goods.
   Consequently, the following is excluded:
   • any direct or indirect damage caused to the product after its delivery (e.g. because it was dropped) or due to its content (e.g. plants, flowers);
   • normal wear and tear;
   • damage caused by fire, water, lightning, accidents, natural disasters;
   • damage caused deliberately or by negligence or incorrect handling, bad maintenance or improper use or by the use of the product in a way that is contrary to the instructions for use.
2. The lack of conformity is to be reported at the latest two months after it has been detected.
3. The warranty is only valid if the buyer contacts the after-sales service of OTIUM DESIGN. The warranty no longer applies in case of an intervention by a third party not designated by OTIUM DESIGN.
4. The buyer is advised to keep the invoice or delivery note and to present the original upon request. The warranty period starts on the delivery date.

These terms and conditions and restrictions do not affect the relevant legal provisions.

12. RIGHT OF CANCELLATION – RETURN POLICY
This provision applies to internet sales to consumers but is extended to any buyer – natural person or legal entity – or end user who does not fall within the scope of the strict definition of a “consumer” in consumer law.

In accordance with articles 47 et seq. of Volume VI of the Code of Economic Law, the consumer has a period of 14 calendar days to cancel the distance contract without having to state a reason.

The cancellation period expires 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the products or:

1. If the consumer ordered several products simultaneously that will be delivered separately, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the last product;
2. If the delivery of a product consists of different shipments or parts, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the last shipment or the last part;
3. In case of a contract for the delivery of products on a regular basis during a specific period, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the first product;

The time of delivery is deemed to be the moment on which possession is taken of the product. This period is meant to enable the buyer to assess the product purchased “like in a shop window”. Used, damaged or incomplete products will not be taken back. The buyer will be responsible for the loss in value of a product that is due to careless handling of the product which goes beyond the assessment as described above.

If the buyer wants to make use of the possibility to return a product, they are requested to send an email to sales@otium-design.com and subsequently observe the return policy as described on the website.

The products are to be packed, unused and undamaged, preferably in the original packaging, and to be returned. If the entire order is returned, the full amount of the order, including the costs of shipment, will be reimbursed to the buyer. However, if only part of the order is returned, only the price of the returned products will be reimbursed, not the costs of shipment.

OTIUM DESIGN is not liable for any damage caused to the product during the return process, nor for theft or loss of the product during the return process.

If the product is found to be damaged upon its return or if the damage to the packaging exceeds the damage that was strictly necessary to try out the product, the resulting loss in value will be charged to the buyer.

The risk and the burden of proof for the correct and timely exercise of the cancellation right lie with the buyer.

In accordance with article 53 volume VI of the Belgian Code of Economic Law, the consumer cannot exercise the right of cancellation for:

1. Products or services the price of which is linked to fluctuations on the financial market on which the entrepreneur has no influence and which may occur during the cancellation period;
2. Products manufactured on the basis of the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly destined for a specific person;
3. Sealed products that do not qualify for return for reasons of health protection or hygiene and of which the seal has been broken following their delivery;
4. Products that have been irreversibly mixed with other products after their delivery, due to their nature;

This provision is by analogy extended to any buyer – natural person or legal entity – or end user who does not fall within the scope of the definition of a “consumer” in consumer law.

In any case, the buyer cannot exercise the right of cancellation for contracts relating to the delivery of goods that have been manufactured on the basis of the consumer’s specifications or that clearly are or a personal nature. A device of which the seal was broken by the buyer or which is not returned in its original packaging does not qualify for the right of cancellation, either.

If the buyer complies with the conditions of the right of cancellation, OTIUM DESIGN will immediately and at the latest 14 days after having been notified of the return shipment, but in any case only after the actual receipt of the returned goods, proceed to the reimbursement of the amounts paid as described above, using the same means of payment as that which was used for the purchase.

OTIUM DESIGN extends this provision to buyers-end users acting within the context of their commercial activity.

13. PREVENTION OF IMITATION
OTIUM DESIGN always and exclusively offers products they manufacture themselves or order third parties to manufacture.

In case of doubt with regard to the authenticity of certain products, the buyer can find more information and tips on the website https://www.otium-design.com. Should the buyer suspect imitation, complaints can be lodged via the Meldpunt https://meldpunt.belgie.be/meldpunt.”

14. EVIDENCE
The parties accept electronic evidence (email – backup).

15. PRIVACY
The collection and processing of personal data via the website is subject to a Privacy Policy. This Privacy Policy is part of these General Terms and Conditions for online sales. The Privacy Policy can be consulted here.

16. COMPLAINTS
Obviously, we hope that all our customers are 100% satisfied. Should you have any complaints about our services, you can always contact us by sending an email to sales@otium-design.com.

Complaints about the performance of the contract must be filed with OTIUM DESIGN with a full and clear description of the defects and within a reasonable time after the buyer detected the defects.

Complaints filed with OTIUM DESIGN will be replied to at the latest 14 days following the date of receipt. If a complaint is expected to require a longer time to process, the entrepreneur will send the buyer a confirmation of receipt within a period of 14 days, indicating when the buyer can expect a more detailed reply.

In any case the buyer has to give OTIUM DESIGN four weeks to resolve the complaint by mutual consultation. If the complaint is not resolved after this period, a dispute will arise that may qualify for the dispute resolution procedure.

In addition to the web shop’s internal complaints procedure, you can always submit your complaint to the European ODR platform.

17. VALIDITY OF THE TERMS AND CONDITIONS
Disputes relating to the validity, interpretation or performance of these general terms and conditions for online sales are exclusively subject to Belgian law and will be submitted to the courts of the legal district in which the registered office of OTIUM DESIGN is situated.

Should one of these conditions be declared invalid and unenforceable, the remaining conditions will remain in full force and effect and the relevant condition will be applicable to the extent permitted by law.

Within the context of their relations, the parties accept electronic evidence (e.g. email messages, data back-ups etc.).

18. LEGAL CAPACITY
When purchasing products via this website, the buyer confirms being at least 18 years old and having the legal capacity to purchase products and services via this website. The buyer agrees to be responsible for all financial transactions relating to the use of this website, including transactions performed on their behalf, e.g. by minors living under their roof.

19. CHANGES TO THE GENERAL TERMS AND CONDITIONS
OTIUM DESIGN reserves the right to change their general terms and conditions of sale without personally informing the buyer and without the latter being entitled to any compensation. It is therefore the buyer’s responsibility to regularly check the general terms and conditions for changes. However, the terms and conditions that were applicable at the time of the sale will always remain applicable to ongoing contracts.

20. DISCLAIMER
OTIUM DESIGN makes every possible effort to represent the information offered on the website as completely and accurately as possible, but does not provide any guarantees as to the accuracy of the information provided. Visitors and/or users of the website cannot derive any rights from the information offered on the website. All the information is subject to price changes, typing errors, mistakes and market developments. The images are by way of illustration only.

OTIUM DESIGN is the holder of the intellectual property rights on all the information shown on the website. It is not permitted to copy and/or disseminate information taken from the website of OTIUM DESIGN without the latter’s prior written consent. The website may contain links to websites that are not owned by OTIUM DESIGN. OTIUM DESIGN is not in any way responsible for the content or the use of these websites nor for any consequences of visiting one of these websites.

Information sent by email by OTIUM DESIGN is exclusively destined for the addressee. The use of this information by persons other than the addressee is not permitted. OTIUM DESIGN is not responsible for the correct and complete transfer of the contents of emails that are sent, nor for their timely receipt. No rights can be derived from the information that is sent.