Terms & Conditions
This website is managed by:
Odavide, a brand of Ecomresult BV
Prof. J. H. Bavincklaan 4
1183 AT. Amstelveen
The Netherlands
Phone : +31 (0)88 77 888 78
Chamber of Commerce : 72946911
VAT : NL859296374B01
General conditions of use of the website
Consultation of the website is provided free of charge for visitors and without any guarantees from Odavide. The use of the website by visitors imply their automatic and binding approval of the general conditions of use, as well as terms and disclaimers posted on the website.
- Content of the website:
Information placed on the website is provided for purely indicative purposes. Despite Odavide’s efforts to provide a correct and up-to-date information, errors might be included on the website. Odavide’s does not assume any liability for the information and for the use that might be made of this information by the visitor. Odavide has the right to modify and update the website at any time, without prior notice. Odavide cannot be held liable for direct or indirect damages due to the use of the website by visitors. Odavide invites you to regularly visit its site for fast information on any changes. - Availability of the website:
Odavide does not guarantee an access to the website without interruption or errors, neither that the website if free of viruses or dangerous components. Odavide does not grant any guarantee, whether express or not, and excludes in particular any guarantee regarding the availability and conformity of the website as well as its capacity to answer to the visitors’ expectations or needs. Odavide cannot be held liability for any direct or indirect damages due to the impossibility for the visitor to use the website. - Use of the information by the visitor – Intellectual property:
Utilization of the site data is only authorized for information purposes and for private use. Any potential utilization for other purposes is expressly prohibited.
No parts of this site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the express prior written authorisation of Odavide.
The user undertakes to comply totally with the copyright belonging to Odavide and to third parties. The publication of trademarks, photos, drawings, images and text on the Odavide sites should not be interpreted as granting the right of utilization or any other right whatsoever to the user. The designations, logos and other symbols used on this site are trademarks and/or designs protected worldwide. Any usage of these or similar symbols is strictly prohibited without the prior written agreement of Odavide. Any violation of these rights may involve civil and/or criminal proceedings. - Hyperlinks to websites falling out of the control of Odavide’s:
The presence of hyperlinks on the Odavide site does not mean that Odavide exercises any control over these sites, nor that Odavide undertakes any liability whatsoever with regard to their contents or their existence.
Copyright
No element of the website can be copied, reproduced, republished, posted, transmitted or distributed without the express consent of Odavide.
Privacy protection
Odavide is committed to protecting any personal information that may be collected when you visit our site. This information will be processed in compliance with the laws of The Netherlands and in accordance with our privacy policy.
Applicable law and competent court
Any dispute related to Odavide websites is governed by Dutch law. The Courts of Amsterdam are the only competent courts.
In case of dispute, a printed version of the conditions of use and of any annexed document provided in electronic format will be accepted in any judicial, extra-judicial or administrative procedure.
Article 1. Welcome
We are happy to welcome you to this Odavide website (hereinafter referred to as the “Site”), the official online EU store for the brand Odavide. Unless specified otherwise in writing, all transactions between Odavide and its customers are determined by the Terms of Use described here and accepted by the customer (even if these terms differ from the purchase terms of the customer, as we do not accept such purchase terms). The Terms of Use are available in the different languages specified on the website. The General Terms and Conditions govern the security and contractual relationship between the User and Odavide transactions. When the User is on the Site, he confirms to have read and accepted the Terms of Service. The foregoing applies regardless of whether you consult the Site in or outside The Netherlands. If you use certain additional services of this Site, we will inform you of the additional terms and conditions, which will also be in accordance with the Terms and Conditions. In case of discrepancies between the Terms of Conditions in different languages, the English terms and conditions prevail.
Odavide may from time to time amend the terms and conditions by posting such change at the Site. Use after such change has been posted shall constitute acceptance of such changed terms.
The General Terms and Conditions may be supplemented by other terms if explicitly referred to herein. In case of contradiction, the current General Terms and Conditions will be primed.
The terms used in these General Terms and Conditions were defined, if necessary, in Article 17 of the General Terms and Conditions.
2. Accuracy of Content
The information about products, pricing, and delivery dates, as well as the detailed shipping guidelines on the website are communicated to the customers for information purposes only and may be modified by Odavide without prior notice. For more information, customers should visit the “Order information page”. Odavide aims to provide accurate product information and accurately reflect the colors of the products. However, weights, dimensions, and volumes of products remain approaches, and it is not guaranteed that each screen displays a color identical, or that the color may not differ when a product is received.
Odavide shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein. Odavide reserves the right to change colors of the actual product.
3. Prices
All prices are listed on the Site and include VAT for deliveries within the EU and exclude shipping costs. The currency is always clearly stated. If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel before packing and shipping, we will refund or re-credit you for the sum that has been debited from your credit card for the products. Deliveries outside the European Union may lead to taxes which must be paid by the recipient.
4. Order online
Ordering is allowed as from 18 years of age or older. The ordering process includes the following steps:
- Choose your product and add it to the shopping cart;
- Choose a delivery method;
- Enter the shipping address;
- Enter the billing address together with the payment information;
- You will be asked to accept the General Terms and Conditions;
- You will have the opportunity to view a summary of your order.
After placing an order, you will receive an email from Odavide confirming receipt of the order. If you pay with a credit card, you will also receive an email with the status of your payment. As soon as the goods are shipped (the “Shipping Notification Email”) you will also receive a notification. All orders are subject to any stock fluctuations. In case of unexpected stock breach we will inform you and we reserve the right to hold the order for 30 days or cancel the order.
5. Payment
The payment options we offer are mentioned on our Site. The amount will be charged in the currency in which you ordered. Please refer to the Privacy Policy posted in the Site for further information regarding Internet fraud and secure payment.
Some companies, located in certain countries and in possession of a valid VAT number, have the option to pay after receipt of the invoice. Odavide reserves the right to request a prepayment on an initial order if we receive an unfavorable credit rating.
Odavide retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.
6. Sale Agreement
No sale agreement will exist between you and Odavide until Odavide packs and/or ships products.
Odavide reserves the right to refuse an order, wholly or partially, in the following cases:
- If your order is flagged by the security systems as an unusual order or an order suspected of fraud;
- In case of a stock issue or when a product is no longer available
- If we have reason to believe you are a reseller;
- If there was an error in the price quote;
- In the event of force majeure.
7. Countries supplied and delivery restrictions
Products are only delivered in the countries for which the website allows delivery. Special rules:
- PO Box addresses and military APO addresses are not accepted.
- We also ship in summer and can not be held accountable for doing so. The risk for receiving a melted product is 100% for the User, Odavide does not accept any liability. Nevertheless, Odavide preserves the right to hold delivery in case outside temperatures exceed 25c.
8. Deliveries
Products are only delivered in the countries for which the website allows delivery (see item 7). Delivery will, as far as possible, be done within the time specified in the individual order confirmation. Any delay will in no event give rise to damages or refund. Incorrect delivery addresses are the responsibility of the User and may give rise to additional charges that will be collected from the User. Almost all goods are shipped from Odavide. If your order is not delivered in time, you can contact us at any time at: info@odavide.com indicating your customer number or order number. Should we not be able to dispatch your order within 30 days of the order confirmation email, you can cancel this order free of charge and the refund will be guaranteed. The shipment is always carried out by a professional company. You agree that a shipment may be delivered to a person other than the Applicant, if it is at the address indicated by you. If no-one is present at time of delivery, we may resolve this in the way we see fit. The risk of non-delivery is for the User in such cases.
9. Inadequate product or incorrect delivery
Upon receipt you must immediately inspect the goods. If you believe that the goods are not in accordance with the order, do not sign the delivery note and / or clearly state the problem on the courier’s receipt. Please notify us of the problem within 24 hours, stating your order number, by sending an email to the following email address: info@odavide.com
10. Distance Selling – Right of Retraction/Cancellation
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery.
In case the consumer invokes this possibility, he must return the goods to Odavide at his own risk and costs. Goods designed specifically for the User and/or which can spoil quickly will not be taken back and the User cannot rely on the waiver clause. Odavide dates and truffels spoil quickly and cannot be returned (also for hygiene reasons). Goods will only be accepted by Odavide, provided you have not put the items in use. For a return, follow the procedure below:
- Contact info@odavide.com and state your order number. We will send you our return instructions by email. The return costs, which we will mention in this email, are at your expense.
- Pack the goods before returning them (do not return any used goods), if possible in original packaging and complete with original labels, accessories. The original packaging ensures that damage during return is avoided.
- Print the return label and stick it on the box/boxes. The received label will contain all information to make sure the return goes smoothly (your information, our shipping address, the courier name).
- If you have questions after step 3, please do not hesitate to contact us. If no questions, you must return the goods to us within 14 days.
- If the goods reach us in good condition, you will be refunded as soon as possible. Should the goods be incomplete or damaged, we will inform you.
Only online non-food purchased goods can be returned. For all other returns, you should turn to the store where you purchased the goods.
11. Limitation of Liability
- Use of the Site: Odavide is not responsible for any discontinued availability or access to the Site, malfunctions depending on the computer system, viruses or other inconveniences that may arise from the use of this Site (including but not limited to ‘loss of profit’).
- Use of the goods: Odavide is not responsible for the loss or material or other damage, of any kind, which the User or a third party may suffer from using the goods.
- Delivery and other exclusions: Odavide cannot be held liable for failure to comply with any term, as all terms are purely indicative without any obligation under Odavide, nor for any other damage that may be caused by her fault or her Negligence, even in the event of a serious error. Any consequential damage or any other damage that cannot be provided by one of the parties at the time of conclusion of the sales agreement is excluded from compensation.
- Pits: Our Premium Plain dates do contain pits. All our hand made products have been made with utmost casre. All our dates, including but not limited to our premium filled dates may erroneously contain pits. We do not accept any liability for any damages caused by pits.
- Allergens: Products may contain gluten, eggs and products thereof, soybeans and products thereof, mil and products thereof, nuts, sesame seeds and products thereof, sulphur, dioxide and sulphites.
The full liability of Odavide will never exceed the purchase price of the product in question.
12. Reference to other websites and use of material from/through the Site
The reference to another website through our Site is for information only. Only with the explicit permission of Odavide may information on the Site be used elsewhere. It is forbidden to modify, copy, reproduce, download, disseminate, transfer or commercialize and/or distribute the services, Site pages, or the information codes related to the Site. Information and suggestions communicated to us through the Site may be used free of charge and without any compensation by Odavide. All images on this website are owned by Odavide. Reproduction of images without prior written permission is prohibited.
13. Termination
Cancellation by Odavide of the sales contract is always possible without prior notice.
14. Intellectual Property Rights
Odavide has developed this site for your personal and non-commercial purposes. All rights, and in particular all Intellectual Property Rights, associated with this Site are governed by and are the exclusive property of Odavide. Based on these rights, it is forbidden to modify, copy, disseminate, transmit, reproduce, publish information or material contained on the Site or create derivative works. All of this, except for the following: You may download content and make one copy for purely personal, non-commercial use, provided that you maintain in its original state the content of the material on which the Intellectual Property Rights apply. Copying or storing any content outside of personal, non-commercial use is not allowed. All other trademarks, signs, illustrations, images or emblems appearing on our products, accessories or packaging are and remain the exclusive property of Odavide. The reproduction of this, in whole or in part, for any reason or for any means, is strictly prohibited. Also, the use of any combination with another sign, symbol, emblem or other distinctive sign is prohibited. The technology is provided and managed by Odavide.
15. Privacy policy
Odavide acknowledges the importance of privacy. The privacy policy terms apply to all products and services provided by Odavide. By using this Site, the User implicitly accepts the Privacy Policy. By ordering through the Odavide Site, the User explicitly authorizes Odavide to process and use his personal data for purposes such as customer administration, management of orders, deliveries and invoices, following up the solvency, marketing and advertising. Odavide may store the data for use by other managed web shops, but not third parties without any relation to Odavide. The User has the right of access and improvement for all data and is entitled to object free of charge the processing for direct marketing purposes.
16. Counterfeiting
Odavide also wishes to protect its consumers against the sale of counterfeit products online. If there is a suspicion of counterfeiting, the consumer can always submit a complaint via info@odavide.com
17. Definitions
Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:
- Terms and Conditions: these terms and conditions and all its additions or updates.
- Order: the result of the ordering process as described in article 4 of the Terms and Conditions. Upon receipt of the payment, the Order becomes a Sale;
- Odavide: Ecomresult BV
- User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order (also referred to as “you”).
- Site: a collection of webpages grouped together under the address of Odavide. The possibilities of the Site range from providing static information to interactive communication with multimedia applications and the purchase of goods.
- Selling: Online purchase of an item delivered at home. Payment will be made in advance. At the time of receipt of the payment, the sale will be completed.
18. Legislation
Disputes concerning the conclusion, validity, interpretation, or performance of the contract or of the current General Terms and Conditions are governed by Dutch law and under the jurisdiction of the Amsterdam Courts. All parties accept the electronic evidence within the framework of their relationships (for example: email, backups, …). If any of the above conditions should be annulled, all other conditions will remain valid to the fullest extent permitted by the law.
19. End
This agreement supersedes any prior agreement with the User. For any questions, comments or technical issues regarding this Site you may contact us through the following information: info@odavide.com or call: +31 (0)88 77 888 78
These Terms and Conditions were last updated on April 10th 2022.