Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of their business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over time;

Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, the contract is concluded exclusively through one or more remote communication techniques up to and including the conclusion of the contract;

Remote communication technique: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions are available for viewing with the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically before the contract is concluded, in such a way that the consumer can store it on a durable data carrier in an easily accessible manner. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or in another manner, upon request.

If specific product or service conditions apply alongside these general terms and conditions, the second and third paragraphs of this article also apply, and in case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are annulled, the agreement and these terms will remain in effect, and the relevant provision will be replaced immediately by a provision that most closely approximates the original intent.

Situations not covered by these general terms and conditions will be assessed in the spirit of these terms and conditions.

Any uncertainties regarding the explanation or content of one or more provisions of these terms must be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur has the right to modify or adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description must be sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.

Each offer contains sufficient information for the consumer to understand the rights and obligations associated with the acceptance of the offer. This includes, in particular:

the price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The post and/or courier service will use the special arrangement for postal and courier services in case the goods are imported into the destination EU country. The post and/or courier service will collect the VAT (possibly together with any customs clearance costs) from the recipient of the goods;
the possible costs of shipping;
the method by which the agreement will be concluded and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the time frame for accepting the offer or the period during which the entrepreneur guarantees the price;
the amount of the communication charge if the costs of using the communication technique are calculated on a basis other than the regular base rate for the communication method used;
whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
the manner in which the consumer can check and correct the data provided in connection with the agreement before concluding the contract;
the other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the conditions set out.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance electronically. Until the receipt of the acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe online environment. If the consumer can make payments electronically, the entrepreneur will ensure appropriate security measures.

The entrepreneur may verify – within legal frameworks – whether the consumer can meet their payment obligations and any relevant facts or factors for responsibly entering into the distance contract. If the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or impose special conditions on the execution.

When providing the product or service, the entrepreneur will include the following information, either in writing or in such a way that the consumer can store it on a durable data carrier:

the address of the entrepreneur’s establishment where complaints can be directed;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear notification if the right is excluded;
information about warranties and post-purchase service;
the information included in Article 4, Section 3 of these terms, unless it has already been provided to the consumer before the execution of the agreement;
the requirements for termination if the agreement is for more than one year or indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into subject to the condition that the relevant products are sufficiently available.

Article 5 – Right of Withdrawal

At Omirae, we prioritize hygiene, quality, and customer satisfaction. Due to the intimate nature of our products, all sales are final, and we are unable to accept returns or exchanges. This policy is in place to ensure the highest standards of hygiene and product integrity, as lingerie is worn in direct contact with the skin.

We understand that misunderstandings may occasionally occur. However, for hygiene and quality assurance reasons, we cannot guarantee that returned items have remained unworn or unused. As a result, any returned products will not be eligible for a refund or exchange, except in cases of a verified manufacturing defect.

If you have any concerns regarding your order, please contact our customer support team before making a purchase. We are happy to assist you with any questions about sizing, materials, or product details to ensure a smooth shopping experience.

By placing an order with Omirae, you acknowledge and accept this return policy.

For further assistance, please reach out to our customer service team at info@omirae.com.

Article 6 – Disputes

As stated previously, due to the nature of our products we cannot accept returns. As compensation for this, should you have a complaint, issue about sizing, or any other type of dispute about this topic or your purchase. Please contact our support.

We value our customer satisfaction. So in case of any disputes regarding your order please contact our support, so that we may find a solution together that satisfies both parties.

Article 7 – Payment

The consumer must pay the agreed amount at the time of purchase unless otherwise agreed. Payment methods include credit card, PayPal, bank transfer, or other methods clearly outlined by the entrepreneur at the time of purchase.
If the consumer chooses a payment method involving installment payments, the entrepreneur reserves the right to reject the order or impose specific conditions on the payment method chosen.
If the consumer does not pay on time, the entrepreneur may charge interest on the outstanding amount, and additional collection costs may be incurred. The entrepreneur will inform the consumer of these costs.

Article 8 – Delivery and Execution

The entrepreneur will take the greatest possible care when processing orders and in the delivery of products.
The delivery time of products is as stated on the website and in the offer. However, delays are possible, in which case the entrepreneur will inform the consumer of the delay and provide an estimated new delivery date. If the delivery time exceeds 30 days, the consumer has the right to cancel the agreement and request a refund.
The risk of loss or damage to the product transfers to the consumer at the time of delivery, unless otherwise agreed upon.
The entrepreneur is responsible for ensuring that the product delivered corresponds with the contract, especially regarding quantity and quality, and will resolve any complaints from the consumer as outlined in Article 7.

Article 9 – Transfer of Risk

The risk of loss or damage to the products is transferred to the consumer at the time of delivery.
If the consumer has opted for a shipping method that does not involve personal collection, the risk passes upon delivery of the products to the delivery service or representative.

Article 10 – Retention of Title

The entrepreneur retains ownership of the delivered product until full payment has been made by the consumer.
The consumer agrees to cooperate with the entrepreneur’s request for return of goods if they have not paid the full amount.

Article 11 – Warranty

The entrepreneur guarantees that the products delivered are free from defects in material and workmanship for a period of at least 2 years from the date of delivery.
If a product is defective or does not comply with the specifications, the consumer must contact the entrepreneur within a reasonable time to claim a warranty. The entrepreneur will offer a replacement or refund as appropriate.
The warranty does not apply in the case of defects caused by misuse, normal wear and tear, or accidents.

Article 12 – Complaints and Disputes

The entrepreneur has a complaint handling procedure in place and will respond to complaints within 30 days. If a complaint requires a longer processing time, the entrepreneur will confirm receipt and give an estimated time for resolution.
Any disputes between the consumer and entrepreneur that cannot be resolved amicably will be submitted to the competent court in the jurisdiction where the entrepreneur is established.

Article 13 – Force Majeure

The entrepreneur is not liable for any failure or delay in the performance of the contract due to force majeure, including but not limited to natural disasters, strikes, war, accidents, government measures, or any other event beyond the entrepreneur's control.
If the force majeure continues for more than 30 days, both parties have the right to dissolve the agreement without any liability.

Article 14 – Data Protection and Privacy

The entrepreneur is committed to protecting the privacy of the consumer in accordance with applicable data protection laws. Personal data provided by the consumer will only be used for processing the order, and will not be shared with third parties without the consumer’s consent, except as necessary for the execution of the contract.
The consumer has the right to access, correct, or delete their personal data by contacting the entrepreneur directly.

Article 15 – Final Provisions

1. These terms and conditions and any agreements entered into under them are governed by Dutch law.
2. If one or more provisions of these terms and conditions are declared void or invalid by a court, the other provisions will remain in effect. The parties will then replace the void or invalid provisions with provisions that are as close as possible to the original intent.
3. Any dispute arising from these terms and conditions or the agreement will be submitted to the competent court in the Netherlands.