Article 1 – General terms
- Oh My Day bvba (Stays), BE 0672.875.637, as a Belgian company, applies the “law of December 8, 1992 on Privacy Protection in relation to the Processing of Personal Data” as modified by the “law of December 11, 1998” and by the “law of June 13, 2005 on electronic communications”.
- Oh My Day bvba (Stays) takes responsibility for the processing of your personal data.
Article 2 – Collected personal data
2.1. Data you communicate to us:
- Category 1, [without registration: your IP-adress]
- Category 2: [your profile name, password e-mail address, login and (possibly) your profile picture;]
- Category 3:[by registration on the newsletter: your e-mail address]
- Category 4: [data obtained by placing cookies: Session ID and Wordfence Human Cookie]
- Category 5: [your address data in response to placing an order]
- Category 6: [….]
2.2. Oh My Day bvba (Stays) can obtain personal data through different means:
- by placing cookies (see below);
- during your registration and use of the Website;
Article 3 – Purposes of the processing of data
3.1. General purposes:
Oh My Day bvba (Stays) will use the obtained personal data solely for the purposes mentioned below:
- Category 1: [the maintaining and improving of the Website and the creation of anonymous statistics based (the identity of particular persons or companies will not be traceable) on the “legitimate interest” of Oh My Day bvba (Stays) to improve her service and Website continuously; ]
- Category 2: [managing your account on the Website and using the forum based on the execution of the agreement which you requested, in order to send you direct marketing mailings with related and comparable offers and promotions. You can opt-out of these mailings by unsubscribing at the bottom of every direct marketing email. We will also use this information to invite you to review our services. This information is used with the legal basis ‘Legitimate Interest’.]
- Category 3: [the sending of direct marketing mailings, newsletters, promotions, based on your explicit and preliminary consent;]
- Category 4: [Session ID, only used in case people log in. To check whether the user is a human and not a robot Wordfence Human Cookie is used based on explicit, prior consent;]
- Category 5: [the delivery and invoice-details of the products ordered by you, based on the delivery of a service which you requested.]
You are not obliged to provide us with your personal data, however, you must understand that the delivery of certain services is not possible in case you refuse to provide us with certain personal data.
3.2. Direct marketing:
Your personal data will only be used for direct marketing purposes of you give your explicit and preliminary consent.(“opt-in”).
In case you have given your consent and you are added to Oh My Day bvba (Stays) direct mailing list, Oh My Day bvba (Stays) may use your personal data to send you marketing material as well as other material relating to Oh My Day bvba (Stays), her products and/or her services. Oh My Day bvba (Stays) can also use the personal data you provided in order to adapt the documents saved by Oh My Day bvba (Stays).
This consent can be revoked at all times, for free and without motivation by clicking the unsubscribe button below every promotional e-mail.
3.3. Transfer to third parties:
In case of whole or partial reorganization or cession of Oh My Day bvba (Stays) activities, whereby Oh My Day bvba (Stays) reorganizes, transfers, ceases her business activity or in case Oh My Day bvba (Stays) goes bankrupt, your personal data may be transferred to new entities or third parties.
Oh My Day bvba (Stays) will try, if reasonably possible, to inform you beforehand of the fact that Oh My Day bvba (Stays) transfers your personal data to a third person, but you must be aware of the fact that this is not always possible nor technically nor commercially.
Oh My Day bvba (Stays) won’t sell, let, hand out your personal data nor place them at disposal of third parties, except in the situations provided for in this policy or unless your explicit and preliminary consent.
3.4. Legal requirements:
In extraordinary circumstances, it may occur that Oh My Day bvba (Stays) is obliged to transfer your personal data following a court order or in order to comply with imperative laws and/or regulations. Oh My Day bvba (Stays) will, if reasonably possible, try to inform you on beforehand unless revealing this information is subject to legal constraints.
Article 4 – Duration of the processing
We will store and process your personal data during the period necessary depending on the purposes of the processing as well as depending on the contractual relationship between you and Oh My Day bvba (Stays).
Specific intended period: 3 years after the last communication
Article 5 – Your rights
5.1. Access right and right to obtain a copy.
You have the right to freely obtain at any moment access to your personal data, as well as to be informed about the use of your personal data.
5.2. Right to correct, delete and limit:
You have the choice to share your personal data with Oh My Day bvba (Stays) You also have the right to request Oh My Day bvba (Stays) to correct, delete or complement your personal data. You acknowledge that a refusal to share data or a request to delete these data will make the delivery of certain services and/or products impossible.
You can also request the processing of your personal data to be limited.
5.3. Right to object:
You have the right to object to the processing of your personal data when you have serious and legitimate reasons to do so.
You also have the right to object to the use of your personal data for purposes of direct marketing. In such case-specific reasoning will not be requested.
5.4. Right to free data transferring:
You have the right to obtain your personal data which is processed by Oh My Day bvba (Stays) in a structured, usual form, readable by machines and/or to transfer this data to another data controller.
5.5. Right to withdraw consent
When the processing is based on prior consent you have the right to withdraw this consent.
5.6. Exercise of rights:
You can exercise your rights by contacting us, either through e-mail via the form below or by mail to Oh My Day bvba (Stays), Tramstraat(HEU) 18, 9070 Destelbergen, Belgium or through the link ‘Contact us’ on the Website, with the inclusion of your ID.
5.7. Automated decisions and profiling:
The processing of your personal data does not include profiling, nor shall you be subjected to automated decisions.
5.8. Right to file a complaint:
You have the right to file a complaint with the Belgian Privacy Commission: Commission for protection of personal life, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: firstname.lastname@example.org.
This does not affect a provision before the civil court.
If you have suffered damages caused by the processing of your personal data you can file a claim for damages.
Article 6 – Safety and confidentiality
6.1. We have adopted safety measures which are suited on both a technical and an organisational level to avoid the destruction, the loss, the forgery, the adjustment, the non-authorised access or the notification of the personal data by accident to a third party, as well as the non-authorised processing of these data.
6.2. Oh My Day bvba (Stays) shall not be liable in any way for direct or indirect damages caused by wrongfully or improper use of the personal data by a third party.
6.3. At all times you shall comply with safety standards, for instance by avoiding all non-authorised access to your login and access code. You are solely responsible for the use of the Website on your computer, IP-address and identification data, as well as for the confidentiality.
Article 7 – Access by third parties
In order to process your personal data, we provide access to your personal data to our employees.
Article 8 – Cookies
8.1. What is a cookie?
A “cookie” is a small text file that is sent from the server of Oh My Day bvba (Stays) and is stored on your computer’s hard drive. This way we can remember your preferences when visiting our Website. The information stored through these cookies can only be read by Oh My Day bvba (Stays) and only for the duration of your visit to the Website.
8.3. Kind of cookies:
Cookies can be subdivided based on their offspring, function and durability. The legislation mainly makes a division between functional or technically necessary cookies on the one hand and all other cookies on the other hand.
The Website only uses the following cookies:
Functional and non-functional cookies
- Shopify cookies
- Hotjar cookies
- Facebook ad pixel
- Wistia video player cookies
- Google Analytics cookies
8.4. Your permission:
You can refuse the installation of cookies when you use the Website for the first time by choosing in the offered pop-up screen “Refusing Cookies”.
You can block Cookies by activating your browser settings which allows you to refuse the cookies. The rejection of these cookies may have the effect of not allowing you to use some functionalities on the Website.
In case you have any more questions or remarks regarding the processing of personal data, please contact Oh My Day bvba (Stays) per mail or per post by using the “Contact us” button on the Website.
More information on cookies can also be found via the following link: http://www.allaboutcookies.org/
More information on online behavioural advertising and online privacy can be found via the following link: http://www.youronlinechoices.eu/
Clause 1 Identity of the vendor
Oh My Day bvba (Stays).
VAT Number: BE 0672.875.637
Clause 2 Applicability and conditions
- Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).
- We deliver worldwide except Åland Islands, American Samoa, Bangladesh, Bonaire, St. Eustasius and Saba, Brazil, British Indian Ocean Territory, British Virgin Islands, Christmas Island, Cocos Islands, Cook Islands, Costa Rica, Falkland Islands, Philippines, Guam, Heard and MacDonal Islands, Isle Of Man, Israel, Cayman Islands, Libya, Morocco, Marshall Islands, Mauritius, Micronesia, North Korea, Solomon Islands, Syria, Thailand, Turks and Caicos Islands, United States Minor Outlying Islands, United States Virgin Islands, United Arab Emirates, Vietnam, South Africa, South Georgia and the South Sandwich Islands. If you submit a delivery address within one of these countries, we reserve the right to decline your order.
- To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
- Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
- If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
- If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as a consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.
Clause 3 Our offer and your order
- We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
- We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.
- Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Paypall, Visa, Mastercard, American Express and other Credit Cards. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
- In order to purchase a product, you add it to your shopping basket. Afterwards, you submit your contact details and billing data. Next, you choose your preferred way of delivery: Free Shipping or Express Shipping. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.
Clause 4 Right of withdrawal
- If you buy goods from us, you have the right to decide that you do not want to keep the goods for 30 days from the delivery or the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase.Expenses made by selecting extra delivery options like Express Shipping or Gift Wrap are non-refundable.
- The Right of withdrawal is not applicable to personalised products
- The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs if it is not reasonably possible to calculate them in advance. Should it be impossible to return the goods by postal service, we will pick up the goods from you without charging you additional costs. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
- We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extent needed to assess whether or not you wish to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
- You can return you package through post or courier.
- In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to email@example.com. We will send you an acknowledgement of your withdrawal by email.
- “MODEL WITHDRAWAL FORM”: Ask per email for your Model Withdrawal Form via firstname.lastname@example.org.
Clause 5 Price
- During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.
- Our prices include all taxes, VAT and all other levies. Hence, je will never experience unpleasant surprises. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In that case, we notify that always before you definitely place your purchase. In that case, we notify this to you prior to the definitive confirmation of your order.
Clause 6 Payment
- We only accept advance payment through our website using the payment methods indicated there.
- In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognise a safe SSL-connection by the “lock” in the bottom status bar of your browser.
Clause 7 Conformity and Warranty
- We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
- As a consumer, you dispose of a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.
- To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.
- During the first six months, you can in all cases call upon the guarantee. Afterwards, you have to prove that the defects in the goods are not caused by abnormal use.
Clause 8 Delivery and execution
- All goods and services are delivered to the address provided by you when ordering.
- When a good is in stock it will be delivered to the delivery address within the predetermined delivery time. If a good is not in webshop stock your order will be shipped when the product is back in stock. We inform you of the delivery period in your order confirmation.
- Delivery depends on your shipping country. Usually, it takes up to 10 working days
- If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case, we will refund you within 30 days after the dissolution of the agreement.
- The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 30 days after delivery because you prefer not to keep them, you will be responsible for transportation.
- If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery.
- We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases, our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.
Clause 9 Duration
- The Consumer has the right to terminate a contract of indefinite duration at any time, with due observance of the agreed termination rules and a notice of at least one month.
- A contract which was entered into for a definite period of time has a duration of maximum two years.
- If a sale of goods contract for a definite period of time stipulates that in the case of non-action of the Consumer the Distance Contract will be extended, the contract will be continued as a contract of indefinite duration and will require a notice of at least one month.
- If a contract for the provision of services for a definite period of time was concluded between the Company and the Consumer and contains a clause to tacit renewal. This clause will be placed in bold letters and an in a frame separated from the text, on the front side of the first page.
- This clause will contain the consequences of a tacit renewal, among which are the provision of the next paragraph with regards to denunciation as well as the last possible date of opposition against the tacit renewal by the Consumer and the manner of notification of this opposition. The Consumer may, after the tacit renewal of a service contract of definite duration, at any given time and without any compensation terminate the contract, with due consideration of a notice of maximum two months.
Clause 10 Force majeure
- In case of force majeure, we are not obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
- Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…
Clause 11 Intellectual property
- Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
- It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. …without our prior written and explicit consent.
Clause 12 Complaints procedure and conflicts
- We do hope that all our customers are always 100% satisfied. If nevertheless, you would have complaints concerning our services, please do not hesitate to contact us at email@example.com. We will do the utmost to deal with your complaint within 7 days.
- All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to Book VI of the Belgian Commerical Code.
- By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: https://www.mediationconsommateur.be//en
- In case of a cross border dispute, you can contact the “Online Dispute Resolution” platform of the European Union via this link: https://ec.europa.eu/odr