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Date of Last Revision: July 9, 2021

TERMS OF SALE 

 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE ODDBAWLS PLATFORM.

PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.  

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APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a ODDBAWLS website, digital experience, social media platform, or one of our other products or services, all of which are part of ODDBAWLS Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and ODDBAWLS (which we may refer to as “ODDBAWLS,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. ODDBAWLS may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us. ODDBAWLS Terms of Use and Privacy Policy are incorporated herein by this reference.

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PLACING ORDERS ON THE PLATFORM 

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ELIGIBILITY TO ORDER

To place an order on the Platform, you must be of legal age in your country and a consumer - not a reseller.

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NO PURCHASE FOR RESALE

The Platform is intended solely for ODDBAWLS to sell ODDBAWL products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of ODDBAWLS product by someone who resells, or intends to resell, the ODDBAWLS product to others (consumers, businesses or any third party).  If ODDBAWLS believes you are involved in purchase for resale, ODDBAWLS reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

 

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding items to your shopping bag and submitting your order. 

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When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. 

 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;

  • your billing information is not correct or not verifiable;

  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;

  • we believe you are under the legal age in your country;

  • we believe that you are a reseller;

  • there was an error in the price displayed on the Platform;

  • we could not deliver to the address provided by you;

  • due to an Event Outside Our Control (see below); or

  • in the event of misspelling, pricing or other errors or mistakes in the Platform information.

 

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

 

TITLE TRANSFER & RISK OF LOSS

With the exception of products picked up from ODDBAWLS directly, the title and risk of loss for products purchased from ODDBAWLS pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up from ODDBAWLS will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.

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PRICE/PAYMENT

 

PAYMENT METHODS

You can find the available payment methods for each country in the support section of Oddbawls.com (the “Website”). We do not accept any method of payment other than those listed in the support section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. 

 

PAYMENT PROCESSING

Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order is placed. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.

 

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order.

 

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

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SHIPPING & DELIVERY

 

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the support section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address.

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SPLIT DELIVERY

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs. 

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INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

 

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RETURNS

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RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the support section of the Website.

 

REFUND INFORMATION

Refunds will be issued based on the original form of payment. For practical information on how to return and for refund timelines, see here. 

 

CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products: 

Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding. 

Payment. Your payment will be deducted as soon as the order is received. We will not start the execution of your order prior to having received payment.

Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Platform. 

 

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)     We will contact you as soon as reasonably possible to notify you; and

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above. 

 

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us. 

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