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Conclusion of agreements

These general terms and conditions apply to any purchase of Om Home & Garden’s products. Om Home & Garden reserves the right to withdraw or amend the terms and conditions from time to time, without notice and with clear statement of new date of entry into force. The applicable terms and conditions are stated on our homepage www.om-home-garden-b2b.com. Our customers should check this page regularly to take notice of any changes we may have made to the terms and conditions. The date on the order confirmation from Om Home & Garden decides which version of terms and conditions applies.
Any variation of the stated terms is only possible through explicit written agreement by Om Home & Garden

Electronic communication

By purchase of goods from Om Home & Garden you agree to further communication being sent electronically to the e-mail address you have supplied. Herewith you accept that electronic messages have the same legal effects as messages sent by ordinary mail.
PLEASE NOTE: Some mail services categorize our emails as spam. Please remember to check your spam filter, if you cannot find our emails.

Products purchased from Om Home & Garden

Agreement of purchase from Om Home & Garden can be in either English or German. Any agreement of purchase refers to the current general terms and conditions. Any order placed is considered final when it has been confirmed by Om Home & Garden. After completing your order, you will receive an order confirmation within few days by e-mail to the e-mail address you have supplied. The order confirmation consists of order number, name and address of buyer, delivery address and a specification of the ordered goods.
It is very important that you inform us when ordering (or at least before we ship your goods), if your company is closed at certain days, has special opening hours, or if you have other requests concerning delivery. Please check the order confirmation and note that the specification does not include freight costs.

Estimated delivery costs stated in connection with web orders, offers and confirmations are not final. The final delivery cost is determined only when dispatching the order based on actual weight and volume.



Terms of payment

For new customers: Prepayment according to the submitted proforma invoice before delivery.

For existing customers: All orders are settled in advance with a proforma invoice of 50% after receipt of the order. Final invoice will be sent on the day the order is shipped.

General payment terms: 14 days net from invoice date.
  
When ordering customized articles or manufactured special items, Om Home & Garden will request a full prepayment. 

Om Home & Garden reserves the right at any time to request prepayment.

For all new customers the first order must amount to a minimum of EURO 500.- excl. VAT.

Containers direct

When ordering entire containers, there are separate sales and delivery terms.
These can be acquired from Om Home & Garden

Retention of ownership

Ownership of the supplied goods is the right of Om Home & Garden until the entire amount, incl. of any accrued interest and costs, is paid.

Delivery

Inventories can be dispatched within a few working days. Delivery of inventories is subject to order confirmation and any special conditions will be specified. Unless otherwise agreed, Om Home & Garden will arrange for delivery through a forwarding agent chosen by Om Home & Garden The forwarding agent will notify you on the day of delivery. I.e. you will receive a mail or a text message that your shipment is out for delivery that day. Since your items are already loaded on the truck and on their way to you, it is impossible for you to change the date of delivery.
Delivery will be made to the address supplied by the buyer and it is buyers’ responsibility that the delivery place is accessible. Should the forwarding agent try to deliver your goods in vain, because your goods reception is closed, extra costs of 80% of the freight amount will be charged to you.

Om Home & Garden has no obligations toward reporting tariffs, taxes or other.
All items from Om Home & Garden are sold EX WORKS, i.e. freight costs for each shipment will be invoiced to the buyer. On special request Om Home & Garden may offer a package price including FOB, CIF or even DPU.

Facts about your purchase

Items from Om Home & Garden are basically divided into three categories:

1. Original, refurbished antique items

2. Partly newly manufactured handmade items made of recycled materials

3. Newly manufactured, handmade items made of new or used materials

Please notice: When purchasing any of our items from the above mentioned categories we draw your attention to the fact that no two items necessarily are identical despite the same item number. There will be differences in shade color and size from one item to another. This means, that you will have to expect differences to the item seen on our homepage, at our showroom or at a fair. Om Home & Garden therefore cannot guarantee that the purchased item is identical to the item seen.

As for items made of wood, we draw your attention to the fact that wood is a living material, which will change over time. Wood adapts to the surroundings and small cracks may appear between the wood grains. Items that consist of iron will eventually convert to rust.

Please note our goods made of Mango wood in general are not manufactured for outdoor use.

Complaints

Products delivered by Om Home & Garden are unique. 

Conferring to the above stated Om Home & Garden cannot validate claims solely based on discrepancies between the seen and purchased item.
We encourage you to check the delivery of cargo damage, to note the number/amount immediately on receipt and before signing the consignment note. Any defects or damages must be noted on the consignment note. Please remember to retain the original packaging, as goods are to be returned in original packaging if complaints or damages should arise.

In case of inaccurate delivery or damaged goods we urge you to contact Om Home & Garden within seven days after receiving the goods. Om Home & Garden will only accept complaints that are sent by e-mail and accompanied by image documentation of the damaged goods.

Newsletter

As a newsletter subscriber of Om Home & Garden, you have will receive newsletters, that are sent on a regular basis. Newsletters are sent to the contact person provided during subscription. You can unsubscribe at any time.

Confidentiality

Om Home & Garden is an independent company and Om Home & Garden does not give information to unauthorized parties. Om Home & Garden keeps customer data safely. Any information given in connection with purchase from Om Home & Garden is kept by Om Home & Garden, in order to be able to provide the best service for our customers before and after delivery of goods.

Proviso

Om Home & Garden accepts no liability for typographical errors, pricing errors, color deviations of pictures etc. Om Home & Garden also subjects to VAT and duty changes, price changes and sold out products. Any offer is valid while stock lasts.

Transfer of rights and obligations

Information given to Om Home & Garden will only be used in house. It will not be sold or given to third parties.

Force Majeure

Om Home & Garden is not responsible for any delay and/or defects due to circumstances beyond the reach of Om Home & Garden’s control and which either could not or should not have been considered before entry of agreement, such as war, import or export ban, shipping issues, disputes, fire or weather conditions.

Venue

Any disputes between customer and Om Home & Garden are decided in Dutch courts under Dutch law and Om Home & Garden`s home as venue.

Partial invalidity

Should any provision of these general terms and conditions or any provision in other agreements between the customer and Om Home & Garden be or become invalid, it does not affect the validity of all other provisions or agreements.

General Data Protection Regulation (GDPR) 

All customers with a login agree to Om Home & Garden collecting the company's general information. It concerns the following:

  • Company name

  • VAT number.

  • Address, post code. and city

  • Telephone number.

  • E-mail

  • Homepage

  • Type of business

Personal data

In addition to the above general business information, we also collect information about the person (s) representing the company. In the case of:

  • Contact Name

  • The contact's phone number. and / or mobile no.

  • The contact's email address

The general business information and personal data we collect will be stored in a customer database contained in our IT system.

How long do we keep personal data?

As a customer at Om Home & Garden, we require as documentation your company's general contact information as well as the personal data with which you represent the company. All information is stored in our IT system.

When personal data is no longer relevant, all personal information about you will be deleted.

What do we use personal data for?

The personal information we collect about you is used to fulfill the agreement your company has entered into to be a customer of Om Home & Garden

Transmission of personal data in connection with delivery of orders.

Om Home & Garden collaborates with several freight companies that handle freight by order, and in this connection we forward both your company's general information and your personal data to the freight company for the purpose of serving you as a customer.

When you register as Om Home & Garden customer, you agree that we must forward your personal data to relevant partners.

Use of data controllers

Om Home & Garden makes use of external data controllers that process information about you and the company you represent. These are administrative purposes in connection with the retention of information in our IT system.