Terms and Conditions

General Terms and Conditions ItsOkay.nl

These are the General Terms and Conditions of Private company with ordinary structure ItsOkay.

Chamber of Commerce: 80356842
VAT number: NL861644992B01

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these conditions are inextricably linked.
Company: The natural or legal person acting in the exercise of a profession or business.
Consumer: The natural person who does not act in the exercise of a profession or business.
Buyer: The Company or Consumer who enters into a (distance) Agreement with the Seller.
Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from ItsOkay.
Products: The Products offered by ItsOkay are materials for making jewelry or other works of art, including epoxy resin, silicone, molds, pendants and decorations.
Seller: The provider of Products to the Buyer, hereinafter: ItsOkay.

Article 2 - Applicability

These general terms and conditions apply to every Offer from ItsOkay and every Agreement between ItsOkay and a Buyer and to every Product offered by ItsOkay.
Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, ItsOkay will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the ItsOkay website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with ItsOkay.
These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision. .
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 - The Offer

All offers made by ItsOkay are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the offer. An Offer only exists if it is recorded in writing.
The Offer made by ItsOkay is without obligation. ItsOkay is only bound to the Offer if the Buyer has placed an order or if the Buyer has already paid the amount due. Nevertheless, ItsOkay has the right to refuse an Agreement with a potential Buyer for a reason justified by ItsOkay.
The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind ItsOkay. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). ItsOkay cannot guarantee that the colors in the image exactly match the real colors of the Product.
Delivery times and terms stated in ItsOkay's Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
A composite quotation does not oblige ItsOkay to deliver part of the items included in the offer or Offer at part of the stated price.
If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.

Article 4 - Conclusion of the Agreement

The Agreement is concluded when the Buyer has accepted an Offer from ItsOkay by placing an order or paying for the Product in question.
An Offer can be made by ItsOkay via the website.
If the Buyer has accepted the Offer by concluding an Agreement with ItsOkay, ItsOkay will confirm the Agreement with the Buyer in writing, or at least by e-mail.
If the acceptance deviates (on minor points) from the Offer, ItsOkay is not bound by it.
ItsOkay is not bound to an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
The right of withdrawal is excluded for the Buyer being a Company. The buyer being a Consumer has the right to exercise its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are borne by the Buyer.
Products that cannot be returned due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal. This is expressly stated in the Offer.

Article 5 - Execution of the Agreement

ItsOkay will execute the Agreement to the best of its knowledge and ability.
If and to the extent that this is required for the proper execution of the Agreement, ItsOkay has the right to have certain work carried out by third parties at its own discretion.
The Buyer ensures that all information that ItsOkay indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to ItsOkay in a timely manner. If the information required for the execution of the Agreement has not been provided to ItsOkay in a timely manner, ItsOkay has the right to suspend the execution of the Agreement.
In the execution of the Agreement, ItsOkay is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions require additional work for ItsOkay, the Buyer is obliged to reimburse the additional or additional costs accordingly.
Before proceeding with the execution of the Agreement, ItsOkay may require security from the Buyer or full advance payment.
ItsOkay is not liable for damage of any nature whatsoever that has arisen because ItsOkay relied on incorrect and/or incomplete information provided by the Buyer, unless This inaccuracy or incompleteness was known to ItsOkay.
The Buyer indemnifies ItsOkay against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 6 - Delivery

If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by ItsOkay or due to other circumstances outside the If any delay occurs under the control of ItsOkay, ItsOkay is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to ItsOkay in writing and grant it a reasonable period to still be able to deliver. The buyer is not entitled to any compensation due to the delay.
The Buyer is obliged to purchase the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, ItsOkay is entitled to store the goods at the expense and risk of the Buyer.
If the Products are delivered by ItsOkay or an external carrier, ItsOkay is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
If ItsOkay requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data required for the execution available to ItsOkay.
If ItsOkay has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
ItsOkay is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. ItsOkay is entitled to invoice the goods delivered in this way separately.
Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. ItsOkay reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 - Packaging and transport

ItsOkay undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
Unless otherwise agreed in writing, all deliveries are made inclusive of turnover tax (VAT), including packaging and packaging materials.
Accepting goods without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 - Investigation, complaints

The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 30 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether it retains the Product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
The Buyer is obliged to investigate and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. ItsOkay accepts no liability for incorrect use of the Product by the Buyer.
Any visible defects or shortages must be reported to ItsOkay in writing after delivery at info@itsokay.nl. The buyer has a period of 30 days after delivery to do this. Non-visible defects or shortages must be reported within 30 days of discovery, but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation in value of the Product.
If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective items, this will only be done with the prior written permission of ItsOkay in the manner indicated by ItsOkay.
If the Buyer, being a Consumer, exercises his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to ItsOkay, in accordance with ItsOkay's return instructions. The direct costs for returns are at the expense and risk of the Buyer.
ItsOkay is entitled to start an investigation into the authenticity and condition of the returned Products before a refund will be made.
Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 30 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to ItsOkay, ItsOkay will, after a request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from ItsOkay.

Article 9 - Prices

During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
The prices stated in the Offer include VAT, unless expressly stated otherwise.
The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
If there are Products or raw materials for which there are price fluctuations on the financial market and over which ItsOkay has no influence, ItsOkay can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 - Payment and collection policy

Payment should preferably be made in advance in the currency in which the invoice was sent via the indicated method, unless otherwise agreed.
The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
The buyer must make a lump sum payment to the account number and details of ItsOkay made known to it. Parties can only agree on a different payment term after explicit written permission from ItsOkay.
If a periodic payment obligation of the Buyer has been agreed, ItsOkay is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, ItsOkay's claims on the Buyer are immediately due and payable.
ItsOkay has the right to have payments made by the Buyer firstly deduct the costs, then deduct the accrued interest and finally deduct the principal amount and current interest. ItsOkay can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. ItsOkay may refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.
If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 30 days, the Buyer, being a Company, is in default. The buyer, being a Consumer, will first receive a written reminder with a period of 30 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they falls into default.
From the date that the Buyer is in default, ItsOkay will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale in the decision. compensation for extrajudicial collection costs from July 1, 2012.
If ItsOkay has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 11 - Retention of title

All goods delivered by ItsOkay remain the property of ItsOkay until the Buyer has fulfilled all the following obligations under all Agreements concluded with ItsOkay.
The buyer is not entitled to pledge or encumber the items subject to the retention of title in any other way if ownership has not yet been fully transferred.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform ItsOkay of this as soon as can reasonably be expected.
In the event that ItsOkay wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to ItsOkay or third parties to be designated by it to enter all those places where ItsOkay's property is located and those items to take back.
ItsOkay has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or issue by ItsOkay. After the Buyer has fulfilled his obligations, ItsOkay will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to ItsOkay by the Buyer upon first request.

Article 12 - Warranty

ItsOkay guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified ItsOkay of this use in writing at the time of entering into the Agreement.
If the Buyer is a Consumer, he is entitled to replacement of the Product if it is suspected that the Product did not comply with the Agreement upon delivery, if the deviation from what was agreed becomes apparent within a period of 6 months after delivery, unless the nature of the the Product or the nature of the deviation opposes this. The aforementioned does not alter the fact that ItsOkay is not responsible for the suitability of the Products for each individual application by the Buyer. The buyer must follow the regulations and instructions of ItsOkay.
The above-mentioned warranty only extends to what has been provided by the manufacturer and applies for a period corresponding to the manufacturer's warranty.
If the items to be delivered do not meet these guarantees, ItsOkay will replace the item or arrange for its repair within a reasonable period of time after receipt thereof, at ItsOkay's option. In the event of replacement, the Buyer undertakes now to return the replaced item to ItsOkay and to provide ownership to ItsOkay.
The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from ItsOkay, the Buyer or third parties have made or attempted to make changes to the item or have used it for purposes for which the item is not intended or has been used under abnormal circumstances.

Article 13 - Instructions for use of chemical products

The buyer must at all times follow the regulations and instructions of ItsOkay. The Buyer will find this on packaging, website and manuals, if necessary, sent extra by email by ItsOkay.
The Buyer must store all Products carefully. The Products must be kept out of the reach of children, so that they do not come into contact with bare skin and/or cannot be swallowed, for example.
Contact with bare skin and/or ingestion of products (Epoxy resin, UV Epoxy resin, pigments, etc.) should be prevented. ItsOkay recommends using facial and skin protection and gloves when working with all products ItsOkay sells. If an allergic reaction occurs, stop use immediately and consult a doctor.
Vapor may be released during working with and curing epoxy resin and other liquids that itsOkay sells. The components of epoxy contain a small amount of volatile components. A small amount of this is released during use and the curing process. Prolonged exposure without protection should be avoided. The buyer must ventilate the work area well.
ItsOkay expressly rejects all liabilities and claims of the Buyer and/or third parties who have suffered (physical) damage through the use of the Products. The Products must only be used in accordance with the instructions for use.
If any health problems arise, consult a doctor immediately at all times.
Any advice given by ItsOkay regarding the use of the Products is only general and non-binding in nature. The buyer is responsible for the use of the products.

Article 14 - Suspension and dissolution

ItsOkay is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
In addition, ItsOkay is entitled to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any Agreement concluded with ItsOkay.
Furthermore, ItsOkay is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
If the Agreement is dissolved, ItsOkay's claims on the Buyer are immediately due and payable. If ItsOkay suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
ItsOkay always reserves the right to claim damages.

Article 15 - Limitation of liability

If the execution of the Agreement by ItsOkay leads to liability of ItsOkay towards the Buyer or third parties, that liability is limited to the costs charged by ItsOkay in connection with the Agreement unless the damage arose due to intent or gross negligence. ItsOkay's liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
ItsOkay is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
ItsOkay is not liable for and/or obliged to repair damage caused by the use of the Product. ItsOkay provides strict usage instructions that must be adhered to by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use and damage, fall damage, light and water damage, theft, loss, etc.). ItsOkay also expressly rejects all liabilities and claims of the Buyer and/or third parties who have suffered (physical) damage through the use of the Products by not complying with the user instructions.
ItsOkay is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
ItsOkay is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or unavailability of the website for any reason.
ItsOkay is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of ItsOkay, nor for their timely receipt.
All claims by the Buyer due to shortcomings on the part of ItsOkay lapse if they have not been reported to ItsOkay in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.

Article 16 - Force majeure

ItsOkay is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to her fault and is not her responsibility under the law, legal act or prevailing views.
Force majeure in any case includes, but is not limited to, what is understood in law and case law, (i) force majeure of ItsOkay's suppliers, (ii) failure to properly fulfill obligations of suppliers assigned to ItsOkay by the Buyer. prescribed or recommended, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), ( vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in ItsOkay's company and (xi) other situations that, in the opinion of ItsOkay, are beyond its control and that temporarily affect the fulfillment of its obligations or permanently prevent it.
ItsOkay has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after ItsOkay should have fulfilled its obligation.
Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.
Insofar as ItsOkay has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, ItsOkay is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 - Risk transfer

The risk of loss or damage to the Products that are the subject of the Agreement is transferred to the Buyer, being a company, at the moment the goods leave ItsOkay's warehouse. For Consumers, the above-mentioned risk passes to the Buyer if the Products are provided under the control of the Buyer. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 18 - Intellectual Property Rights

All intellectual property rights and copyrights of ItsOkay rest exclusively with ItsOkay and are not transferred to the Buyer. This also includes: all photos, images, texts and blogs that can be found on the website.
The Buyer and other website visitors are prohibited from publishing and/or multiplying, modifying or making available to third parties all documents subject to ItsOkay's intellectual property rights and copyrights without the express prior written permission of ItsOkay. If the Buyer wishes to make changes to items delivered by ItsOkay, ItsOkay must explicitly agree to the intended changes.
The Buyer and other website visitors are prohibited from using the Products to which ItsOkay's intellectual property rights rest otherwise than agreed in the Agreement.
Buyer and other website visitors agree that Buyer's intellectual property rights regarding written reviews and/or added photos relating to the Product are automatically transferred to ItsOkay,

Article 19 - Privacy, data processing and security

ItsOkay handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, ItsOkay will inform the data subject about this.
If ItsOkay must provide information security under the Agreement, this security will comply with the specifications agreed and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs. .

Article 20 - Complaints

If the Buyer is not satisfied with ItsOkay's Products and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. . Complaints can be reported via info@itsokay.nl with the subject “Complaint”.
The complaint must be sufficiently substantiated and/or explained by the Buyer for ItsOkay to be able to process the complaint.
ItsOkay will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
The parties will try to find a solution together.

Article 21 - Applicable law

Dutch law applies to every Agreement between ItsOkay and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. ItsOkay has the right to unilaterally change these general terms and conditions.
All disputes arising from or in connection with the Agreement between ItsOkay and the Buyer will be settled by the competent North Holland District Court, Alk location, unless mandatory law provisions lead to the jurisdiction of another court.

Almere, June 1, 2021.