General terms and conditions OKayks.nl
Contractor:OKayks, hereinafter referred to as OKayks.nl, located at 3821 AP Amersfoort at Printerweg 7, e-mail address contact@OKayks.nl. Available on weekdays from 09:00 to 17:00. The Chamber of Commerce number is 80493300, VAT identification number is NL003447909B65.
Client: the natural person who is not acting in the course of a profession or business (hereinafter referred to as consumer) or the legal person that concludes a distance contract with the contractor.
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by a contractor for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable medium: every means that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
These general terms and conditions apply to every offer made by the contractor and to every distance contract concluded between the contractor and the client.
3 The agreement
The agreement is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the client accepts the offer and fulfils the conditions laid down therein.
If the client has accepted the offer electronically, the contractor will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer may dissolve the agreement.
If the Agreement is concluded electronically, the Contractor shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the client is able to pay electronically, the contractor shall observe appropriate security measures.
The contractor can – within legal frameworks – inform himself whether the client can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this examination, the contractor has sound reasons for not entering into the agreement, the contractor is entitled to refuse an order or application, while stating reasons, or to attach special conditions to the execution.
Together with the product or service, the contractor shall send the client the following information, in writing or in such a way that the client can store it in an accessible manner on a long-term data carrier:
- the visiting address of the contractor’s office where the client may lodge complaints;
- the conditions under which and the way in which the contractor may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information on existing after-sales services and guarantees.
4.1. Order times
The client can place orders 24 hours a day, 7 days a week at www.OKayks.nl
4.2. Personal card with products
The client can deliver a text for a personalized card to OKayks.nl. This will be delivered together with the products. The text for this card must be added to the order by the client. Any errors, made by incorrect delivery of text or address by the client, are at the risk of the customer.
- Delivery time and delivery
5.1. Delivery time
For all products of OKayks.com the delivery time is one working day from the time of order, provided that the order is placed before 23.59 hours. Orders placed after 23:59 will be delivered one working day later.
Standard deliveries are made from Monday to Friday between 17.00 and 22.30 hrs. No deliveries are made on weekends and public holidays.
The logistics partners of OKayks.nl reserve the right to deviate from the above delivery times. The client cannot request the contractor to deliver the order at a specific time.
Producten worden bij bedrijven afgeleverd aan de receptie en bij consumenten aan de voordeur. OKayks.nl is niet verantwoordelijk voor de interne aflevering. If products cannot be delivered to the delivery address due to absence of the recipient or closure of the company, this is at the risk of the client. Contractor shall attempt to deliver the products to a nearby address and leave a notice to that effect If it is not possible to deliver products to a nearby address, products will be taken back and if possible, a new delivery appointment will be made. Cakes and perishables are kept for 24 hours after this. Subsequent delivery will take place in consultation with the client.
5.4. Express delivery
For urgent deliveries, the client must contact the OKayks.com customer service.
5.5. Delivery via courier service
The products are shipped via a courier service and are generally delivered within 1 working day. It may happen that it takes longer. In that case OKayks.nl cannot be held liable. The risk of damage and/or loss of products rests with the contractor until the time of delivery to the client, unless otherwise expressly agreed.
5.6. Acknowledgement of receipt
No signature is required for receipt of the order. When delivering cakes, the name of the recipient is noted by the deliverer.
5.7. Force majeure
5.7.1 Temporary force majeure
In the event of temporary force majeure, the contractor shall be entitled to extend the period within which the agreement must be performed by the time during which the temporary hindrance lasts. If the aforementioned hindrance lasts longer than six months, the client may demand (partial) termination of the agreement, without the client having any right to compensation, and without prejudice to the (payment) obligations of the client with regard to the part of the agreement already executed by the contractor.
5.7.2 Permanent force majeure
In the event of permanent force majeure, the contracted party will be entitled to dissolve the agreement with the client out of court by means of a written statement without judicial intervention. In this respect, the contracted party will not be liable vis-à-vis the client for any damage suffered by the client, of whatever nature and scope.
For business clients the invoice will be sent by OKayks.nl within 1 week after delivery of the order. Unless otherwise agreed in writing, payments must be made net within 30 days.
Private clients must pay for the order via iDEAL or by credit card. The consumer cannot assert any rights regarding the execution of the order concerned before the stipulated payment has been made. A private client has the obligation to report any inaccuracies in payment data provided or stated immediately to the contractor.
Offered discounts are only applicable if the invoice is paid within the stipulated period of 30 days.
6.4. Collection costs
If the client is in default of the (timely or full) fulfilment of his (payment) obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client, without prejudice to the other rights to which the contractor is entitled, such as those of compensation and performance. In any event, the client will owe collection costs in the event of a monetary claim, which will be set on the basis of the Decree on the Settlement of Extrajudicial Collection Costs (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), depending on the amount of the claim graduated scale-wise at a maximum of 15% on the first €2,500 of the amount owed with a minimum of €40, 10% on the next €2,500, 5% on the next €5,000, 1% on the next €190,000 and 0.5% on the amount exceeding that amount with a maximum of €6,775. However, if the contractor has incurred higher costs, which were reasonably necessary, the actual costs incurred will be eligible for reimbursement by the client. Any judicial and execution costs incurred will also be recovered from the client. The contractor shall also owe interest over the collection costs due.
The place of delivery is the address that the client has given to the contractor. OKayks.nl cannot be held responsible for incorrect addresses and/or delivery dates provided by the client.
OKayks.nl cannot be held liable for printing and/or misprinting of text on personal cards.
7.3. Delivery date
OKayks.com cannot be held responsible for delays in delivery by third parties such as the courier service.
8.1. By the client
To cancel an order the client must contact the customer service of OKayks.nl. This can be done via e-mail or the contact form on the website. OKayks.nl cannot guarantee that the order can be cancelled. Any costs incurred by the cancellation will be charged to the client.
8.2. By OKayks.nl
OKayks.com reserves the right to refuse orders that must be provided with insulting or offensive texts without giving any reason to the client.
To make a change, the client must contact OKayks customer service. This can be done via e-mail or the contact form on the website. Changes via fax will not be considered. OKayks cannot guarantee that the order can be changed. Any costs incurred in making changes will be charged to the client.
On weekdays from 09.00 to 17.00 you can contact the customer service of OKayks.nl for complaints and questions. This can be done via e-mail or the contact form on the website. The client must report the complaint within a reasonable period of time after the discovery of the defect or defects, whereby the complaint must be submitted fully and clearly to the contractor. In the case of a complaint, a photo of the delivered product to assess the complaint is requested. If it is not possible to send a photo due to the client’s fault, we are unfortunately unable to process the complaint.
11.1 Personal data
If you order something, we need your details to make sure we can deliver your order. We will always handle your personal data with care. What information we hold on you and why is explained here. If you still have questions about your privacy after reading, you can always contact us.
- Your completed delivery details, which we share with our delivery staff. You can also see all these details by clicking on my account.
- Your account data, which we use for sending invoices and legal administration
- Communications, e.g. from chat and email, are stored and logged so that we can better assist you
- Website visits and orders are used to improve the website and for advertisements at e.g. Google. If you do not want this to be tracked we recommend you use an ad blocker: https://www.consumentenbond.nl/internet-privacy/adblockers-faq
- When you register as a client on the website, you can indicate whether you wish to receive e-mails from us. If this is checked, we will use this data to send you the newsletter containing information about new treats and holidays. You can always unsubscribe by clicking the link in the e-mail, by sending an e-mail to the sender, or by unchecking it in your account.
- Signed delivery notes are destroyed after 2 months
- Under my account on the website you can see which of your customer and order data we keep. You can change your data yourself here.
11.2 Security of personal data
We keep your submitted information secure. We tell you about the security measures here.
- Your password is not stored and can only be checked when you log in.
- Internet traffic to and from the website is encrypted
- Digital communication with partners, such as delivery drivers, is encrypted
- Customer and delivery details are confirmed via e-mail to the customer. If the receiving mail server supports encryption, this is used automatically.
- All personal data is stored in locked rooms on the cloud to which only authorized staff have access
The appearance of our products may differ from those shown on www.OKayks.nl
The packages shown may differ from the products displayed on www.OKayks.nl
The weights of our products are indicative and may deviate by 10%.
All prices stated on the website www.OKayks.nl include 9% VAT and exclude delivery costs. Prices are subject to printing errors and changes.
- Right of withdrawal on delivery of products
When purchasing products, the client has the possibility of dissolving the contract, without giving reasons, during seven working days. This period commences on the day following receipt of the product by or on behalf of the client. This period commences on the day following receipt of the product by or on behalf of the client.
During this period, the client will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories delivered and – if reasonably possible – in the original condition and packaging to the contractor, in accordance with the reasonable and clear instructions provided by the contractor.
- Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of sending the goods.
16.2. Repayment of purchase price
If the consumer has paid the invoice amount, the contractor shall return this amount as soon as possible, but no later than within 30 days after the return or withdrawal.
- Exclusion of the right of withdrawal
The contractor excludes the consumer’s right of withdrawal as far as provided for in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal applies to products:
- which have been realized by the contractor in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- which may deteriorate or age rapidly.
- Applicable law and choice of forum
All legal relationships between the contractor and the client, including offers and quotations from the contractor, are governed exclusively by Dutch law.
All disputes arising from or related to the legal relationship between the contractor and the client, to which these general terms and conditions apply, will be submitted exclusively to the competent court in the district in which the contractor’s office is located and from which the work was performed, unless provisions of mandatory law dictate otherwise