ARTICLE 1: GENERAL STIPULATIONS
These general terms and conditions of sale are executed by Hamelin BV, Celsiusweg 35b, 5928PR Venlo met KvK-nummer 12.011.650, VAT no. NL001563701B0 VAT no. (hereinafter, “OXFORD”) and any person wishing to make a purchase (hereinafter, the “Customer”) via https://revisionbnl.my-oxford.com (hereinafter, the “Website”). OXFORD and the Customer are referred to below as the “Parties”.
In this regard, it should be noted that OXFORD is a subsidiary of the HOLDHAM company, the owner of the Website, and that HOLDHAM makes the Website available to OXFORD for the marketing of its products.
These general terms and conditions constitute a distance sales contract and define the rights and obligations of OXFORD and the Customer within the framework of the sale of the products listed on the Website (hereinafter, the “Products”).
The Customers are exclusively consumers, defined as natural persons acting for purposes that do not come within the scope of their commercial, industrial, artisan, any liberal profession or agricultural activity.
Placing an order via the Website entails the Customer’s full and unreserved acceptance of these general terms and conditions, to the exclusion of all other documents such as prospectuses, promotional catalogues and descriptions of the Products issued by OXFORD, which are solely for indicative purposes. In this regard, confirmation of the order confirms the Customer’s full and entire acceptance of these general terms and conditions.
These general terms and conditions may be changed by OXFORD at any time and without prior notice and the changes will then be applicable to all the orders subsequent to said change. On occasions OXFORD may have to change certain stipulations of its general terms and conditions of sale, and therefore Customers are advised to systematically re-read them before confirming each order. In any event, the general terms and conditions of sale are those applicable on the day the order is placed by the Customer.
The fact that either of the Parties does not make use of one of these terms and conditions at a given moment may not be interpreted as any waiver of the right to make use of any of these terms and conditions at a later date. The cancellation of a clause of these general terms and conditions will not affect the validity of the general terms and conditions as a whole.
These general terms and conditions only apply to purchases made by Customers located in the Benelux and delivered exclusively to said territory. OXFORD reserves the right to reject any order whose delivery address is not located in the above-mentioned territory.
In the event of any issues or claims relating to the Products, their orders, the right of withdrawal, the application of the guarantee of the Products or the Website, Customers can contact OXFORD as follows:
By post: Hamelin BV, Celsiusweg 35b, 5928PR Venlo, The Netherlands
By phone: +3177 373 15 51
By email: firstname.lastname@example.org
ARTICLE 2: THE WEBSITE
All the content of the Website and any advertising documentation (illustrations, texts, labels, brands, images, videos) are the property of OXFORD or used with the authorisation of the holders of the rights in question. Any complete or partial reproduction or creation of hypertext links is prohibited, unless OXFORD gives its express and prior authorisation.
ARTICLE 3: PRODUCTS
3.1 PRESENTATION OF THE PRODUCTS / SCRIBZEE® APPLICATION
The presentation of the Products offered by OXFORD on the Website informs Customers of the essential features of the Product they wish to order.
OXFORD takes great care in posting information relating to the essential features of the Products, particularly by means of technical descriptions and/or photographs illustrating the Products.
In any event, OXFORD cannot be held liable for any changes or errors concerning the description of the features of the Product purchased, unless the essential features of the Product are affected.
The photographs, illustrations and texts that appear on the Website are not of a contractual nature.
All the Products, with the exception of writing products such as highlighter pens, markers and pencils, have the capability, in addition to taking handwritten notes, to scan, save and organise said handwritten notes by using tools such as a smartphone or a tablet via the SCRIBZEE® application. Within this context, Customers are informed that, in order to make the most of these features, they must first download the SCRIBZEE® application onto their smartphone or tablet via Google Play or the App Store.
3.2 PRODUCT AVAILABILITY
The Products are put on sale within the limitations of the available stocks, the manufacturing possibilities and the supply capacity of OXFORD’s suppliers.
The availability of the Products is indicated during the selection of the Products, subject to potential synchronisation errors in the OXFORD computer system. In any event, the availability of the Products will be definitively validated upon confirmation of the shipment of the order sent to the Customer by email.
In the event that any of the Products ordered are not available during the preparation of the Customer’s order, OXFORD undertakes to contact the Customer as soon as possible so as to indicate when the Product may be delivered. If this time is too significant, the Customer may choose to cancel the order and the amounts paid will then be reimbursed as soon as possible.
ARTICLE 4: ORDERS
The customer declares that he/she has the capacity to enter into this contract, in other words, that he/she is of legal age and not to be under guardianship or curatorship.
Customers shall place their orders in accordance with the indications provided on the Website.
The information that the Customers provide to OXFORD when placing their orders and/or on the registration form must be complete, accurate and updated. In any event, Customers are responsible for the information supplied on the registration form and when placing an order. In the event of an error (last name, address, etc.), OXFORD cannot be held liable for any failures or delays caused in the delivery of the Products.
The Customer’s orders will not be definitive until payment of the corresponding price, specified below in article 5 of these terms and conditions. In other words, payment by the Customer firmly and definitively formalises the distance sales contract executed with OXFORD.
Once the order has been paid for, the Customer can print the page summarising the order. In any event, the Customer will receive an order confirmation by email. The summary of the order must be retained, as it constitutes proof of the Customer’s order and the contract binding the Parties.
OXFORD reserves the right not to accept an order for a legitimate reason such as, in particular, a problem concerning understanding the order received, a foreseeable problem concerning the delivery or the abnormality of the amounts ordered with regard to a consumer’s normal needs. In this case, OXFORD will inform the Customer by email as soon as possible in order to confirm acceptance of the order or otherwise.
OXFORD also reserves the right not to attend to any request made by the Customer which is exorbitant or departs from common law and/or its general terms and conditions or in the event of an in progress dispute with the Customer, in particular in the event of the Customer’s non-payment for previous orders placed via the Website or by any other means, the aforesaid cases being regarded as legitimate reasons. On no account may OXFORD be held liable in such cases.
ARTICLE 5: PRICE AND PAYMENT
The Products will be invoiced in accordance with the current prices quoted on the Website on the day of the sale. The prices are stated in British Pounds and include all taxes. The applicable VAT rate will be that which is in force when the invoice is issued. The prices stated do not include any potential delivery costs for the Products, which shall also be invoiced and clearly indicated to the Customer before the validation of the order.
The transport costs are indicated on the Order Summary.
These costs are determined in accordance with the means of transport, the amount of the order and the destination.
The total price of the order is, in any event, stated at the end of the online order before its validation and it refers to the price of the Products inclusive of VAT, to which any cost of the transport is added.
In any event, OXFORD reserves the right to change its sale prices at any time. However, no change subsequent to the acceptance of an order may be applied by OXFORD. The price applicable to the ordered Products is that which appears on the Website on the day of the order.
The orders are payable in British Pounds, in full. At no time may the sums paid be regarded as a deposit or advance payment.
Payment will be made by means of a payment card via PayPal or Shopify Payments.
As soon as the payment is validated, the Customer will receive confirmation of the order by email.
ARTICLE 6: DELIVERY / RECEPTION
6.1 DATES AND TIMES
The delivery times for the Products are indicative, unless OXFORD makes an express written commitment to firm dates and times.
In the event of a foreseeable delay in the delivery, OXFORD will inform the Customer as soon as possible by email and provide an estimate of the additional delivery time.
In any event, unless otherwise specified, OXFORD undertakes to make the delivery to the Customer within a maximum period of 10 business days upon execution of the contract.
OXFORD may not be held liable for any delay or failure to deliver due to a case of force or failure on the part of the Customer, such as the latter’s absence at the time of the delivery or failure to collect the Products in the event of delivery at a collection point.
In the event of failure to deliver within the period expressly agreed upon or no later than thirty (30) days after the execution of the contract, the Customer may formally give notice to OXFORD, by registered letter with acknowledgement of receipt, that the latter must proceed to carry out the delivery within a reasonable additional period of time. Should OXFORD fail to execute the above within the additional period, the Customer may cancel the contract by registered letter with acknowledgement of receipt. The contract shall be deemed to have been terminated upon OXFORD’s receipt of the above letter, unless OXFORD has performed it in the meantime.
The deliveries of the Products shall take place solely in the Benelux.
The Products ordered by the Customer will be delivered to the address indicated by the Customer when placing the order.
In any case, OXFORD may not be held liable in the event of a delay and/or non-delivery due to a false or erroneous address or an address to which delivery proves impossible.
The delivery will be deemed to have been performed by OXFORD when the ordered Products are handed over in person, placed in the letterbox or collected from the post office.
In the event that the Customer is absent at the time of the delivery and/or it is impossible to leave the parcel in the letterbox, a delivery notification or another kind of document will be left and/or sent to the Customer. It will then be the latter’s responsibility to follow the recommendations indicated for delivery or collection of the order.
OXFORD draws the Customer’s attention to the fact that, in the event that the parcel is placed in the letterbox and, therefore, does not bear the Customer’s signature, the carrier will inform OXFORD of the delivery of the parcel by electronic means. Consequently, any dispute as to whether the parcel has actually been placed in the letterbox may be rejected by OXFORD if the carrier indicates that the parcel has actually been delivered.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL ("COOLING OFF")
You can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately).
7.2 FORMS OF EXERCISING THE RIGHT OF WITHDRAWAL
In order to exercise the right of withdrawal when it can be exercised, the Customer must, within the fourteen (14) day period indicated above, send OXFORD the standard form to exercise the right of withdrawal (in Returns) or an unambiguous statement expressing the Customer's wish to withdraw, to the address indicated in article 1 of these terms and conditions.
In this case, the Customer must return the Product(s) at his/her exclusive expense within fourteen (14) days of the announcement of the decision to withdraw, in its/their original packaging, unused and in perfect condition, without any mark or smears, with the labels, all the accessories and any gifts that may have been offered, to the following address:
Oxford Revision Store
7.3 REIMBURSEMENT OF THE CUSTOMER IN THE EVENT OF WITHDRAWAL
In the event of the Customer’s withdrawal under the conditions set out above, OXFORD undertakes to reimburse the Customer for all the sums paid, including the delivery costs, within fourteen (14) days, starting from the date on which it is informed of the Customer’s decision to withdraw. Nevertheless, OXFORD is entitled to defer this reimbursement until the Products have been effectively recovered or until the Customer has provided proof of their shipment, the chosen date being that of the first of these events.
OXFORD shall make this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees to OXFORD using another means of payment and insofar as the reimbursement does not lead to any costs.
In the event of exercising the right of withdrawal for part of the order, no reimbursement of the initial delivery costs will be due in the event of flat-rate delivery charges.
ARTICLE 8: CUSTOMER’S OBLIGATIONS
The Customer undertakes to provide OXFORD with all the elements required for the proper execution of the orders. In this regard, the Customer shall be responsible for the content and accuracy of the information sent to OXFORD.
The selection and use of the Products is the Customer’s sole responsibility.
The Customer is required to ensure the Products are maintained in good condition, to comply with the storage instructions and to use them in accordance with their intended purpose, in particular by complying with the recommendations made by OXFORD (e.g. the SCRIBZEE® insert in the notebooks).
As set forth in article 3.1 of these terms and conditions, in order to benefit from all the features of the Products, the Customer must download the SCRIBZEE® application free of charge onto his/her smartphone or tablet via Google Play or the App Store.
ARTICLE 9: LEGAL GUARANTEES / CLAIMS / RETURNS
9.1 LEGAL GUARANTEES
By law, OXFORD must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information OXFORD have provided. If any Goods the Customer has purchased do not comply and, for example, have faults or are damaged when received, or if the Customer receives incorrect Goods, please contact OXFORD at email@example.com as soon as reasonably possible to inform OXFORD of the fault, damage or error, and to arrange for a refund or replacement. The Customer’s available remedies will be as follows:
- Beginning on the day that the Customer receives the Goods (and ownership of them) the Customer has a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
- If the Customer does not wish to reject the Goods, or if the 30 calendar day rejection period has expired, the Customer may request a replacement. OXFORD will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, OXFORD may instead offer the Customer a full refund.
- If, after replacement, the Goods still do not conform or if OXFORD has failed to act within a reasonable time or without significant inconvenience to the Customer, the Customer may reject them in exchange for a refund.
- If the Customer exercises the final right to reject the goods more than six months after having received the Goods (and ownership of them), OXFORD may reduce any refund to reflect the use that the Customer has had out of the Goods.
- Within a period of six years after the Customer has received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, the Customer may be entitled to a partial refund. Please be aware that after six months have passed since the Customer received the Goods, the burden of proof will be on the Customer to prove that the defect or non-conformity existed at the time of delivery.
The shipment and return costs and risks will be borne by the Customer if the non-conformity is not proven.
ARTICLE 10: LIABILITY
Under no circumstances may OXFORD be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, particularly during the taking of the order.
OXFORD may not be held liable or deemed to have failed to comply with these terms and conditions for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by statute or case law.
OXFORD particularly disclaims all liability for the Customer’s selection of the Products, damage resulting from modifications made to the Products by the Customer or damage resulting from the Customer’s failure to comply with the recommendations for the storage or use of the Products.
OXFORD may not be held liable for any temporary or permanent damage caused to the Customer’s computer system, nor for any loss or damage that may be suffered as a result of accessing or browsing the Website. The transmission of data via the Internet may lead to the occurrence of errors and/or the temporary unavailability of the Website. Consequently, OXFORD may not be held liable for the availability or interruption of the online service.
ARTICLE 11: PERSONAL DATA
ARTICLE 12: OBJECTIONS TO COLD CALLING
Customers are informed by OXFORD that they may register on a list to object to cold calling (Bloctel list). It is nevertheless specified that this registration does not prevent OXFORD from phoning Customers for the strict needs of the performance of this contract.
ARTICLE 13: APPLICABLE LAW
These Terms and Conditions, and the relationship between OXFORD and the Customer (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of The Netherlands.
- The Customer will benefit from any mandatory provisions of the law in their country of residence. Nothing in this clause takes away or reduces their rights as a consumer to rely on those provisions.