Terms of service
Part 1 – Definitions
Supplementary Agreement: An agreement in which the consumer purchases products, digital content, and/or services in connection with a distance sales contract, and these are delivered by Ocush or a third party based on an agreement between the third party and Ocush.
Cooling-off Period (Reflection Period): The period during which the consumer may exercise the right of withdrawal.
Consumer: A natural person who does not act in the course of a business.
Day: Calendar day.
Digital Content: Data produced and delivered in digital form.
Ongoing Performance Agreement: An agreement concerning the regular delivery of goods, services, and/or digital content over a specified period.
Durable Medium: Any medium, including email, that enables information to be stored in a way that allows future access and unchanged reproduction.
Right of Withdrawal: The consumer's right to withdraw from a distance sales contract within the cooling-off period.
Distance Sales Contract: An agreement concluded between Ocush and the consumer within an organized system for distance selling, where communication takes place wholly or partly via remote means up to and including the conclusion of the agreement.
Standard Withdrawal Form: The European standard withdrawal form included in Appendix I to these terms.
Remote Communication: Means that can be used to conclude an agreement without the parties being physically present at the same time.
Ocush: The legal entity that offers products, digital content, and/or services to consumers via distance selling in accordance with these terms.
Part 2 – Identity: Ocush
Company name: Ocush Contact: support@ocush.com
Part 3 – Application
These terms apply to all offers from Ocush and all distance sales contracts concluded between Ocush and the consumer.
The terms are made available before the agreement is concluded. If this is not reasonably possible, Ocush will inform the consumer of how the terms can be accessed and will send them free of charge upon request.
In the case of electronic contract conclusion, the terms are made available in a manner that allows them to be easily saved on a durable medium.
If specific terms apply to particular products or services in addition to these general terms, and a conflict arises, the consumer may invoke the provision that is most favorable to them.
Part 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be clearly stated.
The offer contains a complete and accurate description of the products, digital content, and/or services. Any images are intended as illustrative representations. Obvious errors or mistakes are not binding on Ocush.
Part 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and fulfills the conditions.
Upon electronic acceptance, Ocush confirms receipt immediately. Until confirmation is received, the agreement may be cancelled. After confirmation, the agreement cannot be cancelled, but the right of withdrawal may be exercised.
Ocush may, within the limits of the law, assess the consumer's ability to pay and may reject or impose conditions on an order.
Ocush will provide information no later than at the time of delivery regarding the right of withdrawal, guarantees, price, delivery, payment, and any cancellation terms.
Part 6 – Right of Withdrawal
The consumer may withdraw from the agreement within 14 days without giving a reason.
The cooling-off period begins the day after receipt of the product, the last product in a combined order, or the first delivery in the case of recurring deliveries.
For services and digital content not delivered on a physical medium, the period begins the day after the agreement is concluded.
If the legally required information about the right of withdrawal has not been provided, the period is extended by up to 12 months.
Part 7 – Consumer's Obligations During the Cooling-Off Period
The product and its packaging must be handled with care. The product may only be used to the extent that would be possible in a physical store.
The consumer is liable for any reduction in value resulting from use beyond this.
Part 8 – Exercising the Right of Withdrawal and Costs
The right of withdrawal must be communicated to Ocush within the deadline using the standard form or another clear declaration.
The product must be returned within 14 days of notification. Return costs are borne by the consumer, unless otherwise agreed.
Part 9 – Ocush's Obligations Upon Withdrawal
Ocush will refund all payments, including standard delivery costs, within 14 days of receiving notice of withdrawal.
Refunds are made via the same payment method.
Part 10 – Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to, among other things:
- Products with a broken seal for hygiene reasons
- Custom-made products
- Digital products where delivery has commenced with consent
- Products with a short shelf life
Part 11 – Price
Prices include VAT. Price changes may only occur in accordance with the law or after notification with the right to terminate.
Part 12 – Contract Performance and Additional Guarantee
Ocush guarantees that the products conform to the agreement and applicable legislation. Any additional guarantees do not limit statutory rights.
Part 13 – Product Descriptions
Product images and descriptions are for guidance only. Actual products and packaging may differ slightly.
Part 14 – Purchase-Related Policies
Orders are limited to a maximum of 8 units per product per customer. Products are for personal use only and may not be resold.
Part 15 – Delivery and Performance
Delivery takes place no later than within 30 days. The risk of damage transfers upon delivery to the consumer.
Part 16 – Duration, Termination, and Renewal of the Agreement
Ongoing agreements may be terminated with a maximum of 1 month's notice. Automatic renewal is regulated in accordance with the law.
Part 17 – Payment
Payment must be made within 14 days. In the event of late payment, statutory interest and collection costs may apply.
Part 18 – Complaints Handling
Complaints are to be sent to support@ocush.com and will be handled within 14 days.
Part 19 – Disputes
The agreement is governed by Dutch law, and disputes are handled by the competent court at Ocush's place of business.
Part 20 – Additional or Deviating Provisions
Deviating provisions must be in writing and may not be to the detriment of the consumer.