Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the company

Article 3 - Applicablity

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Duties of the consumer within the withdrawal time period

Article 8 - Exercising the right of withdrawal, and the costs thereof

Article 9 - Duties of the company during withdrawal

Article 10 - Exemption from right of withdrawal

Article 11 - The price

Article 12 - Fulfillment and additional warranty

Article 13 - Shipment and execution

Article 14 - Duration transactions: duration, cancellation and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or deviating conditions

Article 1 - Definitions

In this document, the following terms clarified will be used:

1. Additional agreement: an agreement in which products, digital content and/or services are provided to the consumer by the company or a third party per basis of agreement between the company and third party;

2. Reflection time: the time in which a consumer may utilize their right of withdrawal;

3. Consumer: the entity / person which does not trade for commercial purposes;

4. Day: day on the calendar;

5. Digital content: information which is exchanged through electronic means;

6. Duration contract: an agreement with regards to the regular fulfillment of services, goods and / or digital content during a establish period of time;

7. Durable data carrier: any tool - including e-mail - that the consumer or company may use to exchange and save information intended for their use in a manner which allows future use during a period established per basis of the goal of this information, and which enables unmodified reproduction of said information;

8. Right of withdrawal: the right of the consumer to withdraw themselves from the established purchase within an established time period;

9. Company: the natural entity providing goods, services and / or digital content;

10. Remote agreement: an agreement between the company and consumer with regards to an organised system for remote sales of products, digital sales and / or services, in which only one or more media of remote communication are used until establishment;

11. Example form for withdrawal: the form within attachment I of these terms and conditions for withdrawal in adherance to European guidelines. Attachment I does not have to be made available if the consumer does not have a right of withdrawal for their order;

12. Media of remote communication: any media used to communicate between the consumer and company, without both parties having to meet in the same room;

Article 2 - Identity of the company

Riekelt Hendrik Brands, Otaku Square

Gammels 78, 8321 SC Urk, The Netherlands

Phone number: +31850013955

Availability: monday until friday from 18:00 until 21:00 (Europe / Amsterdam)

E-mail address: info@otakusquare.com

CoC number: 72435976

VAT identification number: NL230492459B01

Article 3 - Applicability

1. These terms and conditions apply to any offer from the company and to any established remote agreement between company and consumer.

2. Before any agreement is established and finalized, the text of these terms and conditions will be presented to the consumer. If this is not possible in a reasonable way the company will indicate this to the consumer where these may be read. If this is desired, and the consumer is a resident of the European Union, this may be mailed to them without any added cost.

3. In the event that the agreement is established through a remote electronic medium, it is possible to deviate from the previous sub-article. In this event, these terms and conditions will be presented in a way in which these terms and conditions can be saved to a durable data carrier with relative ease. If this is desired, and the consumer is a resident of the European Union, this may be mailed to them without any added cost.

4. In the event that specific terms and conditions apply to a product or service, is the second sub-article of this article applicable. In the event that these conflict with the applicable terms and conditions for this product and / or service, the terms and conditions that is in the best interest of the consumer will be applied.

Article 4 - The offer

1. In the event that an offer has a limited duration in time, this will be made explicitly clear.

2. The offer includes a full and precise description of the offered products, digital content, and / or services. The description is sufficiently detailed to make an informed decision with regards to the offer, by the consumer. If the company utilizes images, then these are a truthful view of the offered products, digital content and / or services. The company is not bound by any errors on the offer.

3. Every offer shall contain enough information, so that it becomes clear to the consumer what their rights and duties, which are connected to agreement to the offer, are.

Article 5 - The agreement

1. The agreement shall, under conditions of sub-article 4, be established at the moment in which the consumer agrees to the offer and the connected conditions.

2. In the event that the offer is accepted through an electronic medium, the company will confirm this to the consumer through an electronic medium. Until the company confirms this, the consumer may withdraw themselves from the agreement.

3. In the event that the agreement is established through an electronic medium, the company will ensure that this is done through an secure channel, and that the information is stored securely. In the event that any electronic payments are conducted, the company will ensure that this is done through an secure channel.

4. The company, can within legal boundaries - enquire with regards to the payment obligation, and judge if it is responsible to establish an remote agreement. In the event company does not want to establish the agreement on grounds of this enquiry, the company has the right to refuse the agreement and / or to add additional special conditions to the agreement.

5. The company shall, in the extreme sense at delivery of the service, digital content or product, provide the following information on a durable data carrier:

a. the address to which the consumer can direct any questions or complaints;

b. the conditions in which the consumer may utilize their right of withdrawal with clear indication which products or services are exempt from this right;

c. the information with regards to warranties and existing service after sales;

d. the price, with in there included all taxes for the product, services and / or digital content; as far as applicable to delivery; and or method of payment, delivery and execution of the remote agreement;

e. the requirements for the cancellation of the agreement, in the event that the agreement has an duration of one year or more, or is of indefinite duration;

f. in the event of right of withdrawal, attachment I (form for withdrawal).

6. In the event of a duration transaction, this article only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer may withdraw from the agreement with regards to their purchase of a product within a duration of minimal 14 days, without provision of reason for withdrawal. The company may enquire with regards to the withdrawal, but may not require a reason for withdrawal.

2. The in sub-article 1 named withdrawal period starts on the day the consumer receives the product, or:

a. if the consumer ordered multiple products in one order: the day in which the consumer receives the last product. The company, may, if they have informed the consumer clearly within the order process, refuse an order with differentiating delivery dates;

b. in the event that delivery of a product consists of multiple shipments or parts: the day on which the consumer receives the last shipment;

  1. in agreements for recurring delivery of products during a period: the day on which the consumer receives the first shipment.

For services and digital content not delivered on a immaterial carrier:

3. The consumer may withdraw themselves from a service agreement and an agreement for delivery of digital content on an immaterial carrier within 14 days without provision of a reason for withdrawal. The company may enquire with regards to the withdrawal, but may not require a reason for withdrawal.

4. The in sub-article 3 named withdrawal period starts on the day after the establishment of the agreement.

Extended withdrawal time for products, services and digital content delivered on a immaterial data carrier, without information regarding the right of withdrawal:

5. In the event that the company does not supply the lawfully required information with regards to the right of withdrawal, the withdrawal time will be extended to twelve months after the original withdrawal time period.

6. In the event that the company supplies the information with regards to the right of withdrawal to the consumer, after failing to do so, the withdrawal time will be shortened to fourteen days after the date at which the information was supplied.

Article 7 - Duties of the consumer within the withdrawal time period

1. Within the withdrawal time period, the consumer will handle the product and packaging with care. The consumer shall only un-package or use the product in a way that is necessary to establish the details and functioning of the product. In here, the consumer may only handle a product in which they would be able to do so in a physical store.

2. The consumer is only responsible for price deprecation of the product if that is the result of handling that falls outside of the specified rules in sub-article 1.

3. The consumer is not responsible for price deprecation if the company did not supply all lawful information with regards to the right of withdrawal.

Article 8 - Exercising the right of withdrawal, and the costs thereof

1. If the consumer utilizes their right of withdrawal, they will notify the company by means of the attached form or in any other non otherwise interpretable manner to the company.

2. As soon as possible, but within 14 days from the first day of the notification mentioned in sub-article 1, will the consumer ship the product or hand this to the company or authorized person thereof. This is not required if the company has offered to collect the item themselves. The consumer is responsible for taking the delivery time into account if they return the item before the right of withdrawal time period has expired.

3. The consumer will ship the product with all shipped parts, for as much as is reasonably possible in original state and packaging, and conform the the instructions given by the company.

4. The risk and burden of proof for rightful and timely execution of the right of withdrawal lies with the consumer.

5. The consumer is expected to fulfill any costs with regards to the shipment of the returned item. If the company has not made it clear that this cost is to be carried by the consumer, they do not have to carry this cost.

6. In the event that the consumer withdraws after first explicitly making it clear that the execution of a service requires gas, water or electricity which was not prepared before the establishment of the agreement in a limited capacity before the start of the withdrawal period, the consumer owes the company the amount which coincides with the part of the service the company has fulfilled at the time of withdrawal, compared to the full fulfilment of the service.

7. The consumer does not carry the costs for execution of delivery of services or the delivery of water, gas or electricity which are not ready for sale, or delivery of city-heating in the following cases:

a. the company has not supplied any required information with regards to the right of withdrawal, the reimbursement at time of withdrawal or the form for withdrawal, or;

b. the consumer has not explicitly requested the scale of execution of the service or delivery of gas, water, electricity or city-heating during the withdrawal time.

8. The consumer does not carry any costs for the full, or partial delivery of digital content on an immaterial data carrier in the following events:

a. the consumer has not explicitly agreed to start execution of the agreement before the end of the withdrawal time period, or;

b. the consumer has not recognized that they shall lose their right of withdrawal at the time permission is given, or;

c. the company has failed to confirm this agreement.

9. In the event that the customer exercises their right of withdrawal, all other agreements will be abolished.

Article 9 - Duties of the company during withdrawal

1. In the event that the company makes it possible for the consumer to withdraw from the agreement electronically, they will send a message of confirmation as soon as the request of withdrawal is received and processed.

2. The company shall reimburse all payments received from the consumer, including shipping costs, within 14 days after the consumer notifies the company of the withdrawal. Unless the company offers to collect the product themselves, the company has the right to wait with reimbursement until they receive the returned product, or reasonable evidence that this has been shipped, if this falls within the 14 day grace period.

3. The company will utilize the the same payment method as used by the consumer to fulfill the payment to reimburse the consumer. Unless another payment method is agreed upon by the consumer, or if the latter is not realistically possible.

4. In the event that the consumer has chosen an more expensive method of delivery, other than the standard advised method, the company reserves the right to keep the additional costs incurred for shipping.

Article 10 - Exemption from right of withdrawal

The company can refuse the right of withdrawal for the following products and services, but only if this is clearly indicated in the offer, at the very least before the agreement was established:

1. Products or services of which the price is bound to fluctuations on the financial market, of which the company has no effect on and they occur within the right of withdrawal time period;

2. Agreements established in a public auction. A public auction is a sales method in which products, digital content and/or services are offered by the company on the consumer which is personally present in which they under presence of an auctioneer bid on the product, service and / or digital content in which the winning bidder is required to take the service, product and / or digital content;

3. Service agreements, after complete execution of the services, but only if:

a. the execution was started with explicit agreement from the consumer; and

b. the consumer has declared that they shall lose their right of withdrawal as soon as the agreement has been fulfilled by the company;

4. Travel packages as intended in article 7:500 BW and agreements for personel transporation;

5. Service agreements for the use of an accommodation, if in the agreement a date or period of execution is defined and is for other intentions than permanent residence, transport of goods, car rental services and catering;

6. Agreements with regards to free time utilization, if in the agreement a date or period for execution is defined;

7. Products created to the specifications of the consumer, which are produced on basis of specific choices from the consumer, or which are clearly intended for a specific person;

8. Products which spoil quickly, or have a limited best-before date;

9. Sealed products which are not suitable for shipment due to health or hygiene concerns, of which the seal has been broken;

10. Products which have been mixed with other products, without a way to reverse this without damaging the products;

11. Alcoholic beverages of which the price has been established at the time the agreement was established, but of which delivery can only take place within 30 days, and of which the true value is dependant on fluctuations on the market in which the company has no effect;

12. Sealed audio-, video-recordings and computer programming, of which the seal after delivery has been broken;

13. Newspapers, magazines, with the exemption of subscriptions on which;

14. The delivery of digital content on any medium other than a material carrier, but only if:

a. the execution was started with explicit consent from the consumer; and

b. the consumer has declared to lose their right of withdrawal with this.

Article 11 - The price

1. During the established time of an offer, the price of the offered product or service will not be increased, with exception of price changes as the result of VAT tarrifs.

2. In deviation of the previous sub-article, the company might choose to modify the price with regards to fluctuations in the financial market in which the company has no effect, with variable pricing. These fluctuations will be clearly indicated on the offer.

3. Price changes within 3 months after the establishment of the agreement may only be processed in the event that these are the result of changes in regulation or laws.

4. Price changes from 3 months after establishment of the agreement are only allowed if any of the following events are the case:

a. these changes are the result of regulatory or lawful rules; or

b. the consumer has the right to withdraw from the agreement on the day the price change takes effect.

5. The prices in the offers named are with the VAT taxes already calculated.

Article 12 - Fulfillment and additional warranty

1. The company ensures that products and / or services comply with the established agreement, with the in the offer established specifications, and ensures in reasonable manner the reliability and / or functionality and the at the date of establishment applying government regulations. If established in the agreement, the company also ensures that the product is usable for deviating use purposes.

2. An company, their supplier, manufacturer or importer given additional warranty may never impede with the lawful rights of the consumer.

3. An extra additional is understood to mean every commitment of the company, its supplier, importer or producer in which it is attached to the conferred on consumers certain rights or claims that go beyond what this is legally required in case he has failed in the compliance with his part of the agreement.

Article 13 - Shipment and execution

1. The company shall exercise great caution in the receiving and fulfillment of orders for products, and in judging the requests for services.

2. As destination for any shipment, we shall use the address provided by the consumer.

3. With regards to the rules set in article 4 of these terms in conditions, the company shall fulfill any accepted order with suitable haste, but within 30 days, unless another delivery period has been established. In the event that the shipment is delayed, or can only be executed partially, the consumer will be notified within 30 days. The consumer has the right to withdraw from the agreement without additional costs, and may in certain cases receive compensation.

4. After withdrawal in compliance with the last sub-article, the company shall reimburse the amount due.

5. The risk of damage or disappearance of the product lies with the company until this is delivered to the consumer. Unless something else is defined in the agreement.

Article 14 - Duration transactions: duration, cancellation and renewal

Cancellation:

1. The consumer may withdraw from a duration transaction for an indefinite amount of time a grace period of at most one month.

2. The consumer may withdraw from a duration transaction for an defined amount of time a grace period of at most one month.

3. The consumer can, with the previously named transtions:

- withdraw from this transaction at any time, and may not be restricted to a certain time or period;

- withdraw in at least the same manner in which the transaction was started;

- always withdraw within the time set by the company.

Renewal:

4. An agreement which has been established for a certain time period, which reaches into the recurring delivery of products, or services, may not be silently renewed for a certain amount of time.

5. In deviation of the last sub-article, an agreement for a certain time period for the delivery of magazines may be renewed silently for a time period, of at most three months, if the consumer can end this agreement before the end of the established agreement, with a grace period of at most one month.

6. An agreement for a certain amount of time, which reaches into the delivery of products of services for a certain amount of time may only be silently renewed for a indefinite amount of time if the consumer can always withdraw from the agreement with a grace period of at most one month.

7. Any test agreements with regards to the delivery of magaines may not be silently renewed, and automatically stops at the end of the agreement period.

Duration:

8. If an agreement has a life span of longer than one year, the consumer may end this agreement after one year with a grace period of at most one month.

Article 15 - Payment

1. For as far as not otherwise defined in the agreement, or additional conditions, a consumer is required to fulfill any owed amount to the company within 14 days after establishing the agreement. In the event of an agreement to fulfill a service, this time period spans until the first day after which the consumer receives the agreement.

2. In the sale of products to consumers, the consumer may never be required to pay in advance for more than 50% of the amount due in advance. When payment in advance is not fulfilled, the consumer may never use any of the in these conditions defined rights before payment in advance is fulfilled.

3. The consumer has the duty to report any errors in the given payment details to the company.

4. In the event that the consumer fails to fulfill their payment to the company within 14 days, and after they have been warned by the company to pay their fees, the company has the right to chargecollection costs. These costs are maximum: 15% over due amounts, until € 2.500,-; 10% over the following € 2.500,= and 5% over the following € 5.000,= with a minimum of € 40,=. The company may chose to deviate from this in the interest of the consumer.

Article 16 - Complaints

1. The company has disposal over a sufficiently advertised complaints procedure, and will handle complaints in compliance with this procedure.

2. Complaints over the fulfillment of an agreement must be filed within reasonable time after the consumer notices a defect, and must be complete and clearly described to the company.

3. The company must process any complaints within 14 days after receiving them, unless the company lets the consumer know within those 14 days when to expect a full answer.

4. The consumer must give the company at least 4 weeks of time to dicuss and resolve the complaint. After this time period, a dispute is automatically formed.

Article 17 - Disputes

1. On agreements between the consumer and company on which these terms and conditions apply, only the Dutch law will be applied.

Article 18 - Additional or deviating conditions

Additional conditions may not be in disadvantage of the consumer, and must be defined in a written fashion in a manner in which this can be easily saved by the consumer to a durable data carrier.


Information I: ODR

We encourage you to notify us of complaints by sending an email to info@otakusquare.com. If this does not lead to a solution, it is possible to sign up for dispute mediation by ValuedShops. From February 15, 2016 it is for EU consumers possible to submit complaints using the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. When your complaint is not submitted elsewhere you are free to file your complaint using the EU platform. We do advice to submit your complaint first to us or by contacting ValuedShops.


Attachment I: Form for withdrawal

Form for withdrawal

(please fill in this form and send it to us, if you wish to withdraw from an agreement, you may mail this per post or e-mail it to us)

- To: Otaku Square, attn Riekelt Hendrik Brands

Gammels 78, 8321SC Urk, Nederland

info@otakusquare.com

- I/we* announce hereby to you, that I/we* withdraw from an agreement concerning

the sale of the following products: _____________________________*

the delivery with the following contents: _________________________*

the execution of the following services: ______________________________*,

- Ordered on*/Received on* date of order/date received: _________________________*

- Name consumer: ________________________________

- Address consumer: ________________________________

- Signature: __________________ (only if per post)

* Please cross any field not applicable