Online Otaku Shop | Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.
Consumer: the natural person who is not acting in the course of business or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance agreement related to a series of products and/or services, where the delivery and/or acceptance obligations are spread over time;
Durable data carrier: any medium that allows the consumer or entrepreneur to store information personally addressed to them, in a manner that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, in which the agreement is concluded solely through one or more remote communication techniques;
Remote communication technique: a means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same location.
Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Online otaku B.V. E [email protected]

Jacoba van Beierenweg, 87

2215KW Voorhout Nederland

KVK 84541563 - VAT number NL863252059B01

Article 3 - Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed with the entrepreneur and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In the event that specific product or service terms and conditions are applicable in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are entirely or partially null and void or annulled, the agreement and these terms will otherwise remain in effect, and the relevant provision will be replaced as soon as possible by a provision that most closely approximates the original intent.
Situations not covered by these general terms and conditions should be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper evaluation of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be a basis for claims for damages or termination of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Online otaku B.V. cannot guarantee that product descriptions or other content on this website are entirely accurate, complete, reliable, up-to-date, or error-free. Online otaku B.V. reserves the right (but not the obligation) to adjust or fundamentally modify incorrect product information provided through our website after publication.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the agreement has not been confirmed by the entrepreneur, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures in this regard.
The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to the execution.
When providing the product or service to the consumer, the entrepreneur will provide the following information in writing or in such a manner that it can be stored by the consumer on a durable data carrier in an accessible way.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of approval of the data filled in by the consumer and payment, and the fulfillment of the conditions set out therein.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product should only be unpacked or used to the extent necessary to assess whether the product is desired. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This can be done via the model form or another communication method such as email. After notification, the consumer must return the product within 14 days and provide proof that the return was made within the specified time, such as a shipping receipt.
If the customer has not informed the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase will be final.

Upon delivery of services:

Upon delivery of services, the consumer has the option to cancel the agreement without providing a reason for at least 14 days, starting from the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or no later than upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will be at their expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been returned to the retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method the consumer used, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the value of the product.
The consumer cannot be held liable for depreciation in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that are created by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
- where delivery has begun with the express consent of the consumer before the withdrawal period has expired;
- concerning bets and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Returned products must be sent back in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been treated contrary to the instructions of the entrepreneur and/or the packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when evaluating requests for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned timeframes. Exceeding a deadline does not entitle the consumer to compensation.
In the case of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute product. The delivery of a substitute product will be clearly and understandably communicated at the time of delivery. For substitute products, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless otherwise explicitly agreed.

Article 12 - Continuous transactions: duration, termination, and extension

Termination

The consumer may terminate an agreement concluded for an indefinite period, which aims at the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period, which aims at the regular delivery of products (including electricity) or services, at the end of the fixed duration, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- terminate them at least in the same way as they were concluded by the consumer;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a fixed period, aimed at the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specified duration.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period, aimed at the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a specified period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, aimed at the regular delivery of products or services, may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end at the conclusion of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obligated to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.
In the case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were previously communicated to the consumer.
If the consumer chooses to make a deposit, they agree that this deposit is non-refundable. If the remaining amount is not paid, the entrepreneur is not obligated to fulfill the agreement further and is not required to refund the deposit.
When paying with eCheck via PayPal or another payment provider, the order will only be processed once the full amount has been transferred to the company account.
The entrepreneur reserves the right to adjust the payment terms and conditions at any time and will notify the consumer in a timely manner of any changes.

Article 14 - Complaint procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months after the defects are discovered, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, an acknowledgment of receipt will be sent within 14 days with an indication of the expected timeframe for a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, the consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality label with a dispute committee.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Age

Online Otaku B.V. does not sell products to children. We offer products for sale to adults. If you are under 18, you may only use the websites of Online Otaku B.V. under the supervision of a parent or guardian.

When you purchase items from a website of Online Otaku B.V. with a minimum age requirement stated on the item or the website, you implicitly acknowledge, by ordering the item, that you are at least the required age. As a result, Online Otaku B.V., to the extent permitted by applicable law, makes no warranty regarding the marketability and suitability of certain products for a particular age group.

Online Otaku B.V. cannot be held liable for any damage resulting from the use of these goods by children who do not meet the minimum age requirement for the use of the goods, in accordance with the ages specified on the items and/or the item page.

Article 18 - Other activities

Under certain circumstances, Online Otaku B.V. may provide links to the websites of affiliates or other related companies. In such cases, Online Otaku B.V. does not control, evaluate, or guarantee the offers of these businesses or individuals. It is also not responsible, in any way, for the content of these websites.

Online Otaku B.V. accepts no responsibility or liability for such actions, products, and other content of these or other third parties. Please carefully read the privacy policies and other terms of use of the websites.

Reviews, comments, communications, and other content

Visitors may submit and leave reviews, comments, and other content. They also have the opportunity to submit suggestions, ideas, comments, questions, or other information, provided that such content is not illegal, obscene, threatening, defamatory, infringes on privacy or intellectual property rights, nor is harmful or offensive to third parties.
It is not allowed to post content consisting of software viruses, political propaganda, commercial messages, chain letters, mass mailing, or other forms of spam.
The use of false email addresses, impersonating another person or entity, or otherwise misleading the origin of the content is not allowed. Online Otaku B.V. reserves the right (but not the obligation) to remove or edit such content.
Online Otaku B.V. regularly monitors the submitted content but does not conduct systematic checks on the sources of this content.
When you submit content or materials, you grant Online Otaku B.V., unless explicitly stated otherwise, a non-exclusive, royalty-free, unlimited, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide and in all media.
You also grant Online Otaku B.V. the right to use the name you provide with such content, if desired.
You represent and warrant that you own or control all the rights to the content you submit, that this content is accurate, and that its use will not harm any person or entity.
You agree to indemnify Online Otaku B.V. for any claims arising from the content you provide.
Online Otaku B.V. reserves the right, but not the obligation, to monitor, edit, and remove this activity or content if deemed necessary.
Online Otaku B.V. assumes no responsibility or liability for content provided and submitted by users or third parties.

Article 19 - Delivery outside the EU and customs

The buyer is responsible for the accuracy of the customs declaration and for the payment of any duties and taxes.
The buyer is responsible for verifying whether the purchased product is allowed in their country.
We are not responsible for any loss, damage, confiscation by customs, or if customs destroys the item because it is prohibited in the respective country.
If an item is confiscated due to customs regulations, we are not responsible for the loss and no refund will be issued.
It is the buyer's responsibility to check whether the item is allowed in the destination country before purchase.
All customers outside the EU are subject to the customs regulations of their country or region. Additional customs fees and duties may apply, and these costs are fully the responsibility of the buyer.
If a product is returned, the customs fees and any additional import costs charged to Online Otaku B.V. are the responsibility of the buyer.
The product will be refunded, excluding shipping costs (which are fully passed on to the shipping company) and excluding any customs fees and duties.

Article 20 - Interruption or termination of the service

Online Otaku B.V. reserves the right to suspend or terminate all services at its sole discretion without prior notice for any of the following reasons:
- System issues, system updates, security checks, or any kind of emergency;
- In the event of a natural disaster or force majeure;
- Problems with internet providers or other communication carriers;
- Interruption or termination of the service due to technological, operational, or other unforeseen circumstances.
Online Otaku B.V. accepts no responsibility for damages incurred by users or other third parties in the event of suspension or cancellation of the service.

Article 21 - Jurisdiction

The agreement is governed in all respects by the laws of the Netherlands, without regard to conflicting legal provisions. The user agrees that any claim or dispute they have against the company must be exclusively resolved by a district court in the Netherlands.

Article 22 - Contact

All notifications to users regarding the use of the site will be sent via email or posted on the site itself.
Users agree to comply with all updates or communications sent by the company.
Users agree that all communication with the site via the methods mentioned above may be used in a court of law.

Article 23 - Refusal of agreement

Online Otaku B.V. reserves the right to refuse a consumer if they misbehave. Examples of reasons for this include::

Frequently canceling orders;
Deliberately exploiting our systems to obtain a lower price (for example, exploiting bugs or errors in the system);
Frequently providing incorrect delivery information and then requesting compensation for the order because it did not arrive at the consumer's address.

Article 24 - Modification of terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of such changes through a notice on our website. The changes will take effect as soon as they are published on the website and will apply to future orders. Orders that have already been placed will remain subject to the terms that were applicable at the time of the order.

Terms for down payment

If it is indicated at the time of placing an order that a down payment is non-refundable, then if a customer later decides to cancel the order, the already paid down payment will not be refunded. This policy is in place to prevent abuse of the pre-order system.

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