Terms of service

SALES TERMS AND CONDITIONS 

 

  1. THE PARTIES 

This Agreement is entered into by and between Seth Media AS, org. no 827 834 572, with its business address at Wirgenes vei 13, 3157 Barkåker, (hereinafter referred to as "Seller" or “we/us”), and you, the Buyer and consumer, as defined by applicable consumer law, placing the order, (hereinafter referred to as "Buyer" or “you”).

The Seller and the Buyer are individually referred to as a “Party” and collectively referred to as the “Parties”.

  1. SELLER'S CONTACT INFORMATION:

The Buyer may contact the Seller for any queries, issues, or communications related to this agreement or the product(s) and service(s) provided under it using the following contact details:

Name of Seller/Company: Seth Global BV

Registered Office: Korte Lijnbaanssteeg 1 Office 4471, Amsterdam, Netherlands

Returns address:

Recipient: Osmo c/o The Parcel Store
Street: Goodwill Solutions, 1056 Deer Park Rd
City: Northampton
Province/State: Northamptonshire
Postal code: NN3 6RX
Country: Verenigd Koninkrijk
Phone: +1 888-824-0512

Customer support E-mail address: support@osmo-official.com


  1. THE AGREEMENT

This Agreement is entered into between the Parties and consists of these Sales Conditions, the Shipping Policy, including additional terms and conditions and policies referenced herein and/or available by hyperlink, information provided in the ordering solution and any special terms agreed upon between the Parties as defined below. 

In addition, the Agreement will be complemented by applicable statutory provisions that regulate the purchase of goods between traders and consumers. The provisions set forth herein do not limit any applicable mandatory statutory rights.

By purchasing something from us, you agree to be bound by this Agreement.


  1. CONCLUSION OF THE AGREEMENT

The Agreement is binding for both Parties once the Buyer has placed, and thus sent, his/her order.

However, a Party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Buyer’s order, and the other Party realised or should have realised that such an error was present.

  1. Order confirmation

The Seller will without undue delay send an electronic confirmation to the Buyer that the order has been received. We strongly encourage you to check the order confirmation and report any errors immediately.

  1. PRICE AND PAYMENT

    1. Price

The price, including freight, is the given price in the ordering solution. If specified in the ordering solution when placing an order; customs and import duties may accrue in addition to the stated price.

Prices for our products and services are subject to change without notice. However, any changes in the price of the goods will not affect orders that have already been confirmed by the Buyer, c.f. section 4.1.


  1. Payment

The Seller will receive payment confirmation via the ordering solution. 

  1. THE SELLER’S OBLIGATIONS, ACCURACY AND COMPLETENESS

The Seller is legally obligated to deliver the goods and the services the Buyer purchases from the Seller in accordance with the terms specified in the Agreement. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we reserve the right to minor variations in colours, design, and appearance of the products as displayed on the website or in any promotional materials or similar. Such variations do not constitute a breach of contract, as actual products may slightly differ in appearance due to technical limitations or variations in display settings.


  1. PRODUCT LEGALITY 

The Seller, an international company, provides products across various countries, each with its own legal frameworks regarding product legality. The Buyer is responsible for ensuring that any product ordered is legal to purchase and use in their jurisdiction. The Seller will not be liable for any unlawful use of products or products confiscated or rejected by customs due to non-compliance with national laws. It is the Buyer's duty to verify the legality to purchase and use their orders within their local regulations.

  1. SHIPPING AND DELIVERY


For shipping terms, please see our “Shipping Policy.” – (https://osmo-official.eu/policies/shipping-policy )

Delivery has occurred once the Buyer, or someone whom he/she has assigned to receive or transport the goods, has become aware that the good is at their disposal at the place of delivery.

If the Buyer chose another transport alternative than the one offered by the Seller, and the Buyer thus has commissioned the courier to transport the goods, the goods are considered delivered when handed over to the courier. 

The estimated time of delivery is provided in the Shipping Policy. 


  1. PRODUCT RISK TRANSFER

In a sale in which the Seller dispatches the good, the risk for the good is transferred to the Buyer once the good has been delivered to him/her as per section 8 of this Agreement. If the Buyer has asked a third party to receive or pick up the goods on his/her behalf, the risk is transferred once this party has taken possession of the goods.

If the good is lost or damaged before physical possession is taken, the Seller bears responsibility. If the good is lost or damaged after physical possession is taken, the Buyer bears the risk. If the Buyer chooses his/her own courier to perform the transport assignment, and this transport alternative was not offered by the Seller, the risk is transferred to the Buyer once his/her own courier has taken possession of the good.


  1. RETURN, EXCHANGES AND REFUND

  2. Right of withdrawal

Unless the Agreement, depending on the goods or service concerned, is exempt from the right to cancel, the Buyer may cancel the order in accordance with applicable statutory law. 

The right of withdrawal does not apply to products made to the Buyer’s specifications or clearly personalized goods (such as hygiene or intimate products) nor perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items). Moreover, the right of withdrawal does not apply to medical equipment as defined by law. 


  1. Right of withdrawal for services

By ordering services from us, you acknowledge and agree that the right of withdrawal is lost once the service has been fully performed and delivered in accordance with the agreed terms. 

  1. Right of withdrawal for products


The Buyer has a right to return a product purchased from the Seller for any reason, even if it is not defective. 

The cancellation period expires 14 days after the date when you took physical possession of the good(s) (the “cancellation period”). For goods that are ordered together and delivered in several shipments or for goods that consist of several parts, the "possession date" is when the Buyer takes physical possession of the last good or part. 

If a subscription is purchased by the Buyer, or involves regular delivery of identical goods, the 14-day return period runs from the day after the first shipment is delivered.

In order to exercise your right of withdrawal, you may fill out the cancellation form provided by the Seller. The deadline to exercise your right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Buyer has the burden of proof for demonstrating that the right has been asserted, and notice should therefore be submitted in writing (via the cancellation form, email or letter).

All products must be returned in their original purchase condition, manuals and any other items or accessories provided by the manufacturer. If the purchase included a gift, or a promotional or bonus item, such items must also be returned. 

This does not affect your right to examine the good in order to decide whether to exercise your right of withdrawal. If the checking or testing goes beyond what is reasonable and necessary, however, the Buyer may be responsible for any reduction in the good’s original value. 

The Buyer must cover the direct costs associated with returning the good(s).

  1. The Seller’s obligations when the right of withdrawal is exercised.

The Seller shall return any payments received from the Buyer. However, if the Buyer has expressly chosen a type of delivery other than the standard delivery offered by the Seller, the Seller will not pay the additional costs that this entailed.

Repayment shall take place without unnecessary delay and at the latest 14 days from the date when the Seller received notice of the Buyer's decision to exercise the right to cancel. Unless otherwise expressly agreed with the Buyer, repayment is to take place using the same means of payment as that used by the Buyer. The Buyer shall not pay any kind of charge as a result of the repayment.

The Seller may withhold repayment until the goods have been received or until the Buyer has documented that the goods have been sent back. This does not apply if the Seller has offered to collect the goods.

  1. Claims and defects


We strongly encourage you to inspect your order upon reception. If you find that the item is defective, damaged, or not what you ordered, please contact us immediately. This will allow us to assess the situation and take appropriate steps to address the issue.

If the product received is defective, the Buyer must, within a reasonable period of time after he or she discovered or should have discovered the defect, notify the Seller that he or she intends to submit a formal complaint with respect thereto. Notwithstanding, the deadline for submitting a complaint shall in no case be shorter than the period mandated by applicable mandatory law.

The Seller shall be liable to the Buyer for any lack of conformity which exists at the time when the goods were delivered, and which becomes apparent within two years of that time. 


Any complaint must be submitted no later than two years after the Buyer took possession of the item. For physical goods purchased from us, our Limited Warranty applies, details of which can be found in our refund policy found here (https://osmo-official.eu/policies/refund-policy). For the purchase of certain goods in certain jurisdictions, mandatory law may prescribe a longer liability period, which shall take precedence over the warranty provided by us.


  1. Refunds and returns policy


To initiate a return, whether by exercising your right of withdrawal or by filing a claim due to a defect or issue with the product (claim), please reach out to us at support@osmo-official.eu . Upon contact, we will provide detailed instructions on how and where to send your package for return.


Should the product be confirmed as defective or if your claim is upheld, we will cover the costs associated with the return shipping. In cases where the right of withdrawal is exercised or if the product is found not to be defective, you will be responsible for bearing the costs of return shipping.


For any questions related to returns, or if you need guidance through the process, do not hesitate to contact us at support@osmo-official.eu 


  1. Delays and non-delivery


If the item is not delivered or is delivered 30 days after order date and this is not due to the Buyer or circumstances relating to the Buyer, the Buyer is entitled to remedies for breach of contract as set forth in applicable law.


  1. SELLER’S RIGHTS IN CASE OF BUYER’S BREACH OF CONTRACT


If the Buyer fails to pay or meet his or her obligations under the purchase agreement or pursuant to applicable law, and this is not due to the Seller or circumstances on the Seller's part, the Seller is entitled to; demand fulfilment, demand cancellation, claim compensation and interest and withhold delivery.


Depending on the circumstances, the Seller will also be able to claim interest in the event of late payment, a collection fee and a reasonable fee for uncollected goods.


  1. PERSONAL DATA

We will process your personal information according to our privacy policy which you find here (https://osmo-official.eu/policies/privacy-policy)


  1. GOVERNING LAW AND CONFLICT RESOLUTION


This Agreement shall be governed by and construed in accordance with the laws of Netherlands, with Amsterdam district court as the court of the first instance, having exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.


The Parties agree to first attempt to resolve any disputes arising out of or related to this agreement through amicable negotiations. Both Parties commit to engage in good faith discussions to reach a mutually satisfactory resolution.


Both the consumer (Buyer) and the Seller may submit the dispute to a recognized consumer dispute resolution body. If the Buyer is a citizen of the European Union (EU) or the European Economic Area (EEA), they may choose to use the European Online Dispute Resolution (ODR) platform to facilitate the resolution of their dispute.


In the event that a dispute cannot be resolved amicably, the Parties may bring the matter before the district court. As a general rule, any legal proceedings should be initiated in the court of domicile of the consumer (the Buyer).