Terms of service



1. Ojil: Ojil, established in Amsterdam under KvK no. 66705908.
2. Customer: the person with whom Ojil has entered into an agreement.
3. Parties: Ojil and customer together.
4. Consumer: a customer who is also an individual acting as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Ojil.

The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.

Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of

third parties.


All prices quoted by Ojil are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

All prices charged by Ojil for its products or services, on its website or otherwise made known, Ojil may change at any time.

Increases in cost prices of products or parts thereof, which Ojil could not foresee at the time the offer was made or the agreement concluded, may result in price increases.

The consumer is entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.


If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of late payment

If the customer does not pay within the agreed period, Ojil is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

If the customer is in default, he will also owe Ojil extrajudicial collection costs and any damages.

Collection costs are calculated according to the Decree on Compensation for Extrajudicial Collection Costs.

If the customer fails to pay on time, Ojil may suspend its obligations until the customer has fulfilled its

payment obligation.

In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Ojil's claims against the customer will be

Ojil's claims against the customer are immediately due and payable.

If the customer refuses to cooperate in the performance of the agreement by Ojil, he/she is still obliged to

to pay the agreed price to Ojil.

Right of complaint

1. As soon as the customer is in default, Ojil is entitled to invoke the right of complaint regarding the unpaid to

As soon as the customer is in default, Ojil is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.

Ojil invokes the right of complaint by means of a written or electronic communication.

As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this

right relates to, return them immediately to Ojil, unless the parties agree otherwise.

The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been customized or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact if it is a data carrier with digital content (DVDs, CDs, etc.)
the product is not a trip, transport ticket, catering order or form of leisure activity
the product is not an individual magazine or newspaper
The product is not an emergency repair or order.
the consumer has not waived his right of withdrawal.

The withdrawal period of 14 days as mentioned in paragraph 1 starts
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription
as soon as the consumer has received a service for the first time
as soon as the consumer has confirmed that he will purchase digital content via the Internet.

The consumer can express his/her right of withdrawal at info@ojil.nl, if desired using the withdrawal form that can be downloaded from Ojil's website, www.ojil.nl.

Consumers may make their exercise of the right of withdrawal known via info@ojil.nl, if desired using the withdrawal form that can be downloaded from Ojil's website, www.ojil.nl.

The consumer is obliged to return the product to Ojil within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

The costs of return will only be borne by Ojil if the entire order is returned.

If the purchase costs and any other costs (such as shipping and return costs) are, by law, eligible for

refundable, Ojil will refund these costs to the consumer within 14 days of receiving the timely invocation of the right of withdrawal, provided that the consumer has returned the product to Ojil in a timely manner.

Right of Suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

Ojil may invoke its right of retention and, in that case, retain products from the customer until the customer has paid all outstanding bills owed to Ojil, unless the customer has provided adequate security for those costs.

The lien also applies on the basis of previous agreements from which the customer still owes payments to Ojil.

Ojil is never liable for any damages the customer may suffer as a result of exercising its lien.


Unless the customer is a consumer, the customer waives its right to set off a debt owed to Ojil against a claim against Ojil.

Retention of title

Ojil retains ownership of all products delivered until the customer has fully satisfied all of its payment obligations to Ojil under any agreement entered into with Ojil, including claims for failure to perform.

Until such time, Ojil may invoke its retention of title and repossess the goods.

Before ownership has passed to the customer, the customer may not pledge, sell, alienate

or encumber them in any other way.

If Ojil invokes its retention of title, the contract shall be deemed dissolved and Ojil shall be entitled to

right to claim damages, lost profits and interest.


Delivery takes place while supplies last.

Delivery takes place at Ojil's premises, unless the parties have agreed otherwise.

Delivery of products ordered online takes place at the address specified by the customer.

If the agreed amounts are not paid or not paid on time, Ojil is entitled to suspend its obligations

suspend its obligations until the agreed part is still paid.

Late payment constitutes creditor default, with the consequence that the customer cannot hold a delayed delivery against Ojil

can hold against Ojil.

Delivery time

The delivery times given by Ojil are indicative and if exceeded do not entitle the customer to dissolution or damages, unless the parties have expressly agreed otherwise in writing.

The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Ojil.

Exceeding the stated delivery time does not entitle the customer to compensation, nor does it entitle the customer to dissolve the agreement, unless Ojil is unable to deliver within 14 days after a written reminder to do so or the parties have agreed otherwise in this regard.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transport costs

Transport costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.

Packaging and shipment

If the packaging of a delivered product has been opened or damaged, the customer must have the shipping company or delivery person make a note of this before accepting the product, failing which Ojil cannot be held liable for any damage.

If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to Ojil prior to transportation, failing which Ojil cannot be held liable for any damages.


1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of a

If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.

Any additional costs resulting from premature or late acceptance of products shall be borne entirely by the customer.


The warranty on products applies only to defects caused by faulty manufacture, construction or material.

The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.


Exchanges are only possible if the following conditions are met:

exchange takes place within 14 days after purchase upon presentation of the original invoice
The product is returned in its original packaging or with the original price tags still attached.
The product has not yet been used

Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer and personal design cannot be exchanged.


The customer indemnifies Ojil against all third party claims related to the products and/or services provided by Ojil.


The customer should examine a product delivered or service provided by Ojil as soon as possible for any shortcomings.

If a product delivered or service rendered does not meet what the customer could reasonably expect from the agreement, the customer must notify Ojil of this as soon as possible, but in any case within 1 month of discovering the shortcomings.

Consumers must notify Ojil no later than 2 months after discovery of the shortcomings.

The customer must provide as detailed a description as possible of the shortcoming, so that Ojil is able to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to work in progress, this cannot in any case lead to Ojil

can be obliged to perform other work than agreed upon.

Notice of default

1. The customer must give notice of default to Ojil in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Ojil (in a timely manner).

Joint and several liability of customer

Joint and several liability of the customer

If Ojil enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe Ojil under that agreement.

Ojil Liability.

Ojil shall only be liable for any damage suffered by the customer if and to the extent that such damage was caused by intentional or deliberate recklessness.

If Ojil is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.

Ojil is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.

If Ojil is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from Ojil shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right of dissolution

The customer is entitled to dissolve the agreement if Ojil fails imputably to fulfill its obligations, unless such failure, in view of its special nature or minor importance, does not justify dissolution.

If fulfillment of the obligations by Ojil is not permanently or temporarily impossible, dissolution can only take place after Ojil is in default.

Ojil is entitled to dissolve the agreement with the customer if the customer does not comply with its obligations under the agreement in full or on time, or if Ojil has knowledge of circumstances that give it good reason to fear that the customer will not be able to comply with its obligations properly.

Force majeure

In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Ojil to fulfill any obligation to the customer cannot be attributed to Ojil in a situation that is beyond Ojil's control

independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of Ojil.

The force majeure situation referred to in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.

If a force majeure situation occurs that prevents Ojil from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Ojil is able to fulfill them again.

From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

In a force majeure situation, Ojil is not liable for any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

If after the conclusion of the agreement it appears necessary for its execution to change or supplement its contents, the parties shall promptly and in mutual consultation adapt the agreement accordingly.

Modification of general terms and conditions

Ojil is entitled to amend or supplement these general terms and conditions.

Changes of minor importance may be made at any time.

Major substantive changes will be discussed by Ojil with the customer in advance to the extent possible.

Consumers are entitled to terminate the contract in the event of a material change to the general terms and conditions.


Transfer of rights

Customer's rights from a contract between the parties cannot be transferred to third parties without Ojil's prior written consent.

This provision counts as a clause with effect under property law as referred to in Article 3:83, second paragraph, of the Civil Code.

Consequences of nullity or voidability

Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.

A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Ojil had in mind when drafting the conditions on that point.

Applicable law and competent court

Any agreement between the parties shall be governed exclusively by Dutch law.

The Dutch court in the district where Ojil has its registered office/practice/office is exclusively

competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved July 22, 2019.