General terms of service
General terms of service
Table of contents of these Terms and Conditions
.1 Warranty and RMA
- 1.1 Advice to claim warranty at the manufacturer
- 1.2 Legal Warranty
- 1.3 Warranty Coverage
- 1.4 Exclusions from Warranty
- 1.5 Proof of Purchase
- 1.6 Warranty Claim Procedure
- 1.7 Missing RMA form
- 1.8 Initiating an RMA
- 1.9 RMA Request Process
- 1.10 Return Shipping Costs
- 1.11 Packaging and Shipping
- 1.12 Evaluation
- 1.13 Serial Number check
- 1.14 Warranty Process Time
- 1.15 Refunds
- 1.16 General Limitation
- 1.17 Force Majeure
.2 Right of Withdraw
- 2.1 Exercising Your Right of Withdrawal
- 2.2 Effects of Withdrawal
- 2.3 Returning the Goods
- 2.4 Liability for Diminished Value
- 2.5 Exceptions to the Right of Withdrawal
- 2.6 Return payments
- 2.7 Legal reference right of withdraw
.3 Restock Fee
- 3.1 Reasons for Restock Fee
- 3.2 Terms of the Restock Fee
- 3.3 Legal reference restock fee
- 3.4 Disclaimer restock fee
.4 Payment information
- 4.1 Payment Methods
- 4.2 Payment Processing
- 4.3 Payment Terms
- 4.4 Incoterms DAB (Transport costs outside of European Union)
- 4.5 Billing Information
- 4.6 Order Confirmation
- 4.7 Failed or Declined Payments
- 4.8 Refunds and Cancellations
- 4.9 Late Payments
- 4.10 Security
.5 Shipment
- 5.1 Processing Time
- 5.2 Order Confirmation
- 5.3 Address Accuracy
- 5.4 Lost or Damaged Goods
- 5.5 Ticket for delayed or lost shipments
- 5.6 Restricted Items
- 5.7 Automated shipment insurance
- 5.8 Vat on shipment costs
- 5.9 Selected transport company changes
- 5.10 Delivery Times
- 5.11 Shipping Costs
- 5.12 Customs and Duties
- 5.13 Track & Trace
- 5.14 Delivery Attempts
- 5.15 Delivery Times
- 5.16 Return costs outside of the European Union
- 5.17 Incoterms
.6 Privacy disclaimer
- 6.1 Webshop software and development information
- 6.2 Payment processors
- 6.3 Reviews
- 6.4 Transport and Logistics
- 6.5 Administration and Accounting
- 6.6 General Purpose of Processing
- 6.7 Automatically collected data
- 6.8 Cooperation with fiscal and/or criminal investigations
- 6.9 Retention Periods
- 6.10 Your rights
- 6.11 Google products
- 6.12 Software CMS cookies
- 6.13 Right to refuse customers
.7 Legal Terms
- 7.1 Legal Structure
- 7.2 Legal Disputes
- 7.3 Brand protection & copyright
- 7.4 Legal registrations and permits
.8 Contact Information
.1 Warranty and RMA
1.1 Advice to claim warranty at the manufacturer
Orinaku BV is obligated by European law to consider returns of products sold by Orinaku BV under warranty. However, we strongly advise customers to make the warranty claim directly with the producer or manufacturer first, rather than with Orinaku BV. This is because a considerable amount of extra time will be added to the warranty process if the customer chooses to have Orinaku BV handle the warranty claim initially. The customer fully understands and agrees to this when invoking the right of warranty on a product should they choose to use Orinaku BV first to claim its warranty.
1.2 Legal Warranty
Orinaku BV offers a legal warranty on its products with a minimum of twelve months on all products sold to consumers, as mandated by European consumer law. This warranty covers any lack of conformity that becomes apparent within twelve months from the date of delivery.
1.3 Warranty Coverage
- Manufacturing Defects: Covers defects in materials and workmanship.
- Functionality Issues: Covers failures preventing the product from operating as advertised.
1.4 Exclusions from Warranty
- Damage caused by misuse, abuse, or neglect by the customer.
- Damage resulting from unauthorized alterations or repairs or modifications.
- Damage caused by external factors such as accidents, power surges, or natural disasters.
- Normal wear and tear or cosmetic damage that does not affect product functionality.
1.5 Proof of Purchase
To claim warranty services, customers must provide a valid proof of purchase, such as a receipt, invoice, or any other document proving the purchase date and product details. If possible, the customer will also provide the serial number of the product. This will be automatically checked by Orinaku upon physically receiving the goods.
1.6 Warranty Claim Procedure
Contact our customer service at our chat functionality, or send a mail to info@orinaku.com. Provide a detailed description of the issue, along with photographs or videos if applicable. Our support team will guide you through the next steps and determine if the issue is covered under warranty. If the warranty is valid, then our support team will then sent you a “RMA form” that you will be asked to fill in, print out, and add to the product upon return.
1.7 Missing RMA form
The RMA form must always be included with the shipment upon return. Returns sent to us without an RMA form will not be processed and will be sent back to the owner. The RMA form will be shared with the manufacturer/supplier to identify the origin of the malfunction of the product. By submitting an RMA, you agree to share this information with the manufacturer/supplier.
1.8 Initiating an RMA
Before returning any product, customers must obtain an RMA number from our customer service. Unauthorized returns will not be accepted.
1.9 RMA Request Process
Contact customer service at our chat functionality, or send a mail to info@orinaku.com to request an RMA number. Provide proof of purchase, product model, serialnumber, and a detailed description of the issue. If approved, you will receive an RMA form and a RMA number and instructions for the return shipment.
1.10 Return Shipping Costs
- Within Warranty Period: Orinaku BV will cover the cost of return shipping if the order originated within the European Union and the product is found to be defective and covered under the warranty.
- Outside Warranty Period: Customers are responsible for return shipping costs if the product is not covered under warranty or if the warranty period has expired.
- Outside of European Union: Orinaku BV will not cover the cost of return shipping if the order originated outside the European Union due to the fact it can not control the selected transport company and its costs.
1.11 Packaging and Shipping
The product must be returned to Orinaku BV complete with all accessories. If any parts of the product are missing, the warranty claim will be forfeited by the customer, and the return will not be processed; instead, it will be sent back to the owner. Additionally, the customer is responsible for sending the product back to Orinaku BV in its original manufacturing box.
Products must be securely packed to prevent damage during transit. Include the RMA form with a RMA number.
Unsecured packages sent to Orinaku BV by the customer, indicating that the malfunction could have happened due to insecure packaging during transport, will not be processed; instead, they will be sent back to the owner. These products will lose their warranty automatically due to the insecure packaging and its transit to us.
1.12 Evaluation
Upon receiving the returned product, our support team will evaluate if the product was sent complete, properly packed, if it is the right serialnumber, and what the damage is. If the defect is covered under warranty, we will send the product to the manufacturer/supplier for repair or replace the product ourselves at no additional cost. If the product is not covered under warranty, we will notify the customer and send the product back to the owner.
1.13 Serial Number check
If during the evaluation Orinaku BV discovers that the product sent to us has a different serial number than the one registered by Orinaku BV on the order at the time of the original sale, the warranty process will automatically stop, and the product will be immediately returned to its owner. Additionally, if evidence is found that the customer has attempted to claim a warranty for a product not sold by Orinaku BV, Orinaku BV reserves the right to blacklist the customer for a minimum period of 24 months. Products that were replaced by Orinaku BV will have their serial numbers added to the original order.
1.14 Warranty Process Time
If the customer chooses Orinaku BV to handle the warranty process, the customer will ensure that the product is sent to Orinaku BV. Orinaku will then take up to a maximum of 7 business days, starting upon the physical arrival of the product, to evaluate the requested warranty issue. If the warranty is justified, Orinaku BV will then send the product back to the manufacturer or supplier for repair at its own expense. Orinaku BV cannot influence or control the time it takes for the manufacturer or supplier to repair the warranted product. However, if the manufacturer or supplier does not repair or replace the product within 60 business days of receiving the product from Orinaku BV, then Orinaku BV will replace the product for the customer itself. If the manufacturer or supplier sends the repaired/replaced product back to Orinaku BV, then Orinaku BV will immediately send the product to the customer. It is possible, however, that the manufacturer or supplier will send the repaired/replaced product directly to the customer, depending on the service terms of the manufacturer/supplier.
1.15 Refunds
If a repair or replacement is not feasible, we will replace the product first. If the product is not able to be replaced then a refund will be invoked. Refunds will be processed within 14 days after determining that a refund is appropriate and needed. Refunds will be issued using the same method as the original payment, unless otherwise agreed.
1.16 General Limitation
Orinaku BV’s liability is limited to the purchase price of the product. We are not liable for any indirect, incidental, or consequential damages arising from the use or inability to use or send the product.
1.17 Force Majeure
Orinaku BV is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, theft, fraud, and natural disasters.
.2 Right of Withdrawal
As a consumer of a company placed within the European Union, you have the right to withdraw from your purchase within 14 days without giving any reason. The withdrawal period will expire 14 days after the day you or a third party, other than the carrier, indicated by you, acquires physical possession of the goods. Right of withdrawal can only be invoked after taking possession of the goods, not before during transportation time.
2.1 Exercising Your Right of Withdrawal
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this order by an unequivocal statement (e.g., a letter sent by email to info@orinaku.com). You will provide the following information in the mail to us:
- The order number
- Your full name and invoice address
- Your Email
Returned goods send to us that do not have a unequivocal statement or any form of identity of its sender, will not fall under the right of withdrawal and will be hold until you as customer contact us to inform us what to do with it otherwise.
2.2 Effects of Withdrawal
If you withdraw from this order, we shall reimburse to you all payments received from you, including the costs of delivery to you, but not back to Orinaku. (with the exception of any import fees made to transport the goods outside of the European Union), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this order. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you and Orinaku have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
2.3 Returning the Goods
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this order to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will send the products back complete with all parts in its original manufacturer box (even if opened).
If possible, you will send it back in the original Orinaku shipment box provided with it if it has any however this is not obligational. You will however send the product back save and secure with shipment materials to protect it from any shipment damage under way to us. If the product was send with inadequate shipping materials then Orinaku reserves the right to refuse the request for right of withdrawal.
2.4 Liability for Diminished Value
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
2.5 Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of:
- Goods made to the consumer’s specifications or clearly personalized.
- Goods which are liable to deteriorate or expire rapidly (plants for example).
- Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- Any products hardware with an original manufacturer seal, which were unsealed after delivery.
- Products that do not originate from Orinaku as the seller after checking the products serial number in our system.
- Orders that undergo a pending review investigation due to fraud suspicions.
2.6 Return payments
The return payment after evoking the right of withdrawal will occur maximum 14 days after the products are delivered physically back to Orinaku in good order as described above in this right of withdrawal. Should this not be the case then we will contact you to display the details of our findings, and will discuss the return of the product(s) back to you should you as a customer request this.
2.7 Legal Reference right of withdraw
This right of withdrawal is in accordance with the Consumer Rights Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
.3 Restock Fee
We understand if you're thinking, 'Why do I have to pay a restocking fee for my returns?' Well, let us explain and bear with us here. Firstly, we acknowledge that applying a restocking fee on returns isn't a popular measure with our customers. In fact, many ecommerce businesses are afraid to take this step as it might damage customer relations. However, Orinaku has a very good reason for doing this.
3.1 Reasons for Restock Fee
The main reason we apply a restocking fee is because we want you, as a customer, to make thoughtful purchases. Ones you've considered, reviewed, and truly desire—not just trying out products to see if they suit you. We call this 'Thoughtful Purchases.' We've learned from the fast fashion industry that buying a bunch of products and then returning half of them has a dramatic impact on various entities, and you might not even want those products.
Firstly, it significantly harms our environment. Your ordered products have to traverse the globe using various modes of transportation. If you, as a customer, order something just to try it out, it means two international transports with a carbon footprint (one to you and one back to us) for absolutely nothing.
Economically, it is also very damaging not only to us as a vendor but also to the manufacturers, and eventually to you. Why, you ask yourself? Well, every product that is shipped back presents a few options: we either incur an income loss because of it or send it back to the manufacturer, who eventually ends up destroying it. Now, for every product the manufacturer receives back and suffers an income loss from producing but not selling, the cost of producing new products increases. While this may not occur with significant frequency on a monthly basis, over time, these instances accumulate, resulting in an increase in the price of new products. And eventually, as the end consumer, you bear the brunt of this price increase. So, that is one (though not the only one) of the reasons why product prices tend to become more expensive over time.
The last reason is more of a psychological one for you as our customer, and it's about overconsumption. When an individual overindulges in everything they desire, they tend to not only experience less joy with what they have but also with what they will acquire in the future. In other words, the appreciation for the fruits of your hard work diminishes almost to nothing. This, in turn, raises the question of why buy anything at all. We want you to maintain mental health and feel excited and happy about your purchases, even if it means we earn less by not adopting a more consumer-oriented economic strategy.
With these explanations, we hope you have a better understanding of our motivations for implementing a restocking fee and will help us by making thoughtful purchases when placing an order.
3.2 Terms of the Restock Fee
The restocking fee remains unaffected by any currency conversion rates, whether positive or negative, for Orinaku. For the restocking fee, Orinaku looks at the original paid order by the customer and applies the restocking fee based on that amount. The terms for the restocking fee are as follows:
- The restocking fee is 7.5% of the total amount paid, with a maximum of €125 per order.
- The restocking fee applies to the total amount paid, including VAT (if applicable) and shipment costs, excluding import fees.
- The restocking fee does not apply to products that are damaged under warranty or are dead on arrival.
- The restocking fee does not apply to products that are being replaced or wrongly sent by Orinaku to the customer.
- The restock fee does not apply to orders within the 14-day withdrawal period.
- The restocking fee does not apply to orders that are canceled by Orinaku for whatever reason.
By placing an order on the Orinaku webshop, you automatically agree to our terms for restocking fees. These terms are also outlined in the general terms of service and on the backside of our thank-you note accompanying your order.
3.3 Legal reference restock fee
Orinaku BV, herein referred to as "Orinaku," hereby affirms its commitment to full compliance with European Union consumer protection laws as stipulated by the Dutch government. Orinaku acknowledges and adheres to all regulations regarding the imposition of restocking fees on returned goods, as outlined by relevant legislation.
In accordance with European Union regulations and Dutch consumer protection laws, Orinaku ensures that any restocking fees applied to product returns are done so in strict adherence to the established legal framework. The imposition of restocking fees is subject to the conditions and limitations prescribed by law, and Orinaku BV acknowledges its responsibility to operate within these parameters.
Orinaku BV hereby declares that any restocking fees imposed on returned goods are applied in a manner consistent with the principles of fairness, transparency, and consumer protection as mandated by European Union directives and Dutch government regulations. The terms governing the imposition of restocking fees are clearly outlined in Orinaku BV's terms of service and other relevant documentation provided to customers
By issuing this statement, Orinaku BV affirms its commitment to upholding the highest standards of legal compliance and ethical business practices in all its operations related to restocking fees. Orinaku BV further pledges to cooperate fully with relevant authorities and regulatory bodies to ensure ongoing compliance with applicable laws and regulations governing restocking fees in the European Union and the Netherlands.
This statement serves as a formal declaration of Orinaku BV's commitment to legal compliance regarding restocking fees and its intention to operate within the bounds of European Union and Dutch government laws and regulations.
3.4 Disclaimer restock fee
We also want to ensure there is no misunderstanding regarding the use of the term 'Restock fee.' While the term typically implies costs incurred by a vendor to put returned products back into stock for resale, Orinaku operates differently. We do not restock any returned goods for resale as either new or refurbished products. Instead, Orinaku returns these products to either the supplier, the manufacturer, or in rare cases, they are confiscated by Orinaku's insurance.
In essence, the products returned to us do not re-enter the sales cycle. However, we use the term 'restock fee' to indicate the most commonly used term within the e-commerce industry for the costs Orinaku charges for returned products in the terms described above. In other words, it's a term used due to the lack of a more suitable alternative.
.4 Payment information
4.1 Payment Methods
We accept a variety of payment methods to accommodate your preferences, including:
- Credit Cards (Visa, MasterCard, American Express)
- Debit Bank Cards
- PayPal
- After pay methods
4.2 Payment Processing
All payments are securely processed through our third-party payment provider Mollie. Your payment information is encrypted and handled with the utmost security. We do not store your personal credit card information on our systems.
4.3 Payment Terms
All prices listed on our webshop are in Euro (€ ) valuta and are inclusive of VAT (when applicable).
All prices listen on our webshop are excluding any currency conversion costs. These fall under the customers responsibility. All prices listed on our webshop are exclusive of any shipping costs or any import fees (Transport outside of the European Union). All prices listen on our webshop are including any transaction costs charged by payment providers.
Payment must be completed at the time of purchase. Orinaku does not have any credit option herself to consumers, as well as businesses. Orders will not be processed or shipped until payment has been received in full and confirmed.
4.4 Incoterms DAB (Transport costs outside of European Union)
When Orinaku sells to a customer outside of the European Union then the Incoterm Dab applies to the sale and transportation of that product. Under the DAP (Delivered at Place) Incoterm, the seller is responsible for delivering the goods to a specified destination, typically the buyer's premises or another agreed location.
Responsibilities of the Seller:
- Transportation Costs: The seller pays for all transportation costs to deliver the goods to the agreed destination.
- Risk and Responsibility: The seller assumes all risks up to the point where the goods are ready for unloading at the destination.
- Export Customs Clearance: The seller is responsible for the administration of clearing the goods for export.
Responsibilities of the Buyer:
- Import Duties and Taxes: The buyer is responsible for all costs associated with import duties, taxes, and customs clearance upon arrival at the destination.
- Unloading Costs: The buyer is responsible for unloading the goods at the destination.
Example Scenario:
If a seller Orinaku sells goods to a buyer in the United States under DAP terms to a warehouse in Chicago:
- Seller: Handles all logistics and transportation costs to deliver the goods to the Chicago warehouse. The seller also takes care of export customs clearance in the Netherlands.
- Buyer: Responsible for unloading the goods upon arrival at the warehouse, as well as paying any import duties, taxes, and costs associated with import customs clearance in the United States.
Summary
In DAP (Delivered at Place) terms, the seller does not pay for the import costs, including import duties and taxes. These costs are the responsibility of the buyer once the goods arrive at the specified destination and are ready for unloading.
4.5 Billing Information
It is your responsibility as a customer to ensure that all billing information provided is accurate and up-to-date. Incorrect information may cause delays in processing and shipping your order.
4.6 Order Confirmation
Once your payment has been successfully processed, you will receive an order confirmation in your email. This email will include details of your order and a receipt for your records. This will not include the invoice. This will be send in a separate email to you.
4.7 Failed or Declined Payments
In the event of a failed or declined payment, please check with your bank or payment provider for details. If you experience continued issues on our webshop, then please contact our customer support team for assistance by way of email at info@orinaku.com or our chat module.
4.8 Refunds and Cancellations
If you need to cancel an order, please contact us as soon as possible. Orders that have already been processed or shipped are not be eligible for cancellation anymore.
Refunds, where applicable, will be processed through the original payment method in which the customer paid the order with. Please allow up to 14 business days for the refund to appear in your payment service account. If within this sayed timeframe the payment does not appear on your back account, then please contact our customer support.
4.9 Late Payments
In the event of late payments for any reason, for example the chosen payment service has a technical isseu, Orinaku reserves the right to not ship the product until payment of the order is fulfilled.
4.10 Security
We take the security of your payment information very seriously. All transactions are protected using industry-standard encryption protocols to ensure your data is safe. We take the risk of fraudulent transactions seriously and have implemented the measures to protect our customers.
Our systems automatically monitor transactions for unusual activity. Any transactions flagged as potentially fraudulent will be subject to review, and we may contact you for requesting further information. Until completion of the review the order will not be transported to you as a customer, and any payment made will be frozen until we can confirm the identity of the owner of the payment service used. We reserve the right to cancel any order that we concluded to be fraudulent or malicious. In such cases, we will notify the original owner of the payment method about the made order and cancellation, and refund any payments made after confirmation of identity. Additionally, we may contact local authorities here to investigate the transaction and will aid the original owner of the payment service in any legal action he/she might take against the fraud perpetrator if he/she requests this of us.
In the event of a disputed transaction, please contact our customer service team immediately. We will work with you and the payment provider to investigate and resolve the issue as quickly as possible within the limits of our capabilities.
Orinaku BV complies with all applicable European laws and regulations regarding payment processing and the prevention of fraudulent activities. We may share information about fraudulent or suspicious transactions with law enforcement agencies or regulatory bodies as required by law.
.5 Shipment
5.1 Processing Time
Orders are typically processed and dispatched within 1-3 business days from the date of order confirmation. Orders that are still pending delivery from either the manufacturer or supplier and take longer are indicated on the product detail page. Processing times may vary during peak periods, holidays, or due to stock availability.
5.2 Order Confirmation
Customers will receive an order confirmation email once their order has been placed, followed by a shipping confirmation email with tracking information once the order has been dispatched.
5.3 Address Accuracy
It is the customer's responsibility to provide accurate and complete shipping information. Orinaku BV is not responsible for delays or losses resulting from incorrect or incomplete addresses.
5.4 Lost or Damaged Goods
If your order is lost or damaged during transit, please contact our customer service team within 14 days of the estimated delivery date. We will work with the Sendcloud to resolve the issue and, if necessary, send a replacement or issue a refund (If customer opt an insurance on the shipment described in point 1.7).
5.5 Ticket for delayed or lost shipments
Orinaku BV utilizes the services of the Sendcloud platform. If a shipment is lost or delayed, Orinaku BV is obligated to create a ticket with Sendcloud, who will then investigate the issue with the selected transport company. Sendcloud reserves the right to investigate the lost or delayed shipment for an estimated period of 14 business days. Orinaku BV is obligated not to directly contact the selected transport company according to the terms set by Sendcloud for Orinaku BV.
5.6 Restricted Items
Certain items may be restricted or prohibited from international shipping due to local regulations. If your order contains such items, Orinaku BV will notify you and provide alternative options or issue a refund.
5.7 Automated shipment insurance
Shipment insurance costing €3.50 is automatically checked on in step 2, 'Shipment,' of the checkout section. The product is then fully insured for loss or damage during transport. If the customer unchecks this option, they automatically agree to take full responsibility for the shipment, absolving Orinaku of any responsibility for missing or damaged shipments during delivery. The customer can then only be reimbursed based on the total net weight set by the international logistical industry, at a rate of €1.24 per kilo.
5.8 Vat on shipment costs
Shipping costs paid by the customer include VAT (if applicable) but are not separately displayed on the invoice. They are included in the total VAT paid on the invoice.
5.9 Selected transport company changes
Customers from Orinaku BV have the option to choose their own preferred transport company; however, Orinaku always reserves the right to change this to a different transport company due to complications such as limited availability to the destination of the shipment or a high risk of loss by the selected transport company. No additional charges will be imposed on the customer due to these changes.
5.10 Delivery Times
Estimated delivery times within the EU are typically between 3-10 business days, depending on the destination country (excluding incoming delivery from supplier). Please note that these times are estimates and may vary due to external factors.
5.11 Shipping Costs
Shipping costs within the EU will be calculated based on the weight, dimensions, and destination of the package. These costs will be clearly displayed during the checkout process.
5.12 Customs and Duties
International orders may be subject to customs duties, taxes, and import fees levied by the destination country. These charges are the responsibility of the recipient and are not included in the order total. Orinaku BV is not responsible for any additional charges that may apply.
5.13 Track & Trace
All shipments within the EU include tracking. Customers will receive a tracking number via email once their order has been dispatched.
5.14 Delivery Attempts
If a delivery attempt is unsuccessful, the carrier will leave a notice with instructions for re-delivery or collection from a local depot.
5.15 Delivery Times
Estimated delivery times for international shipments vary depending on the destination country and can range from 7-30 business days (excluding incoming delivery from supplier). External factors such as customs clearance and local postal services can affect these estimates.
5.16 Return costs outside of the European Union
The return costs for international shipments outside of the European Union are borne by the customer. This is because Orinaku BV is unable to control the selected transport company from the country of shipment.
5.17 Incoterms
All orders shipped internationally outside of the European Union are sent with IncoTerms DAP (Delivery at Place), indicating that any import fees or taxes are the responsibility of the customer.
Orinaku BV reserves the right to modify these shipping terms at any time. Any changes will be posted on our webshop and will take effect immediately.
.6 Privacy disclaimer
6.1 Webshop software and development information
Our webshop is developed based on Magento2 (Adobe) and the Hyvä theme. Personal data that you provide to us for our services are not shared with these parties. Magento2 (Adobe) or Hyvä theme do not have access to your data to provide us with (technical) support, and therefor they will never be able to use your data. However, the web developer does have access to this data solely to provide us with technical support. Our web developer is obligated, based on the agreement we have with them, to take appropriate security measures. Our web developer does not use their own cookies to collect technical information regarding your use of the webshop, so no personal data is collected and/or stored by them.
6.2 Payment processors
For handling payments in our webshop, we use the Mollie payment platform. Mollie processes your name, address, and residence details, as well as your payment information such as your bank account or credit card number. Mollie has taken appropriate technical and organizational measures to protect your personal data. Mollie reserves the right to use your data to further improve their services and, in this context, to share (anonymized) data with third parties. All the safeguards mentioned above regarding the protection of your personal data also apply to the parts of Mollie’s services for which they engage third parties. Mollie does not retain your data longer than permitted under the applicable European legal timeframes.
6.3 Reviews
We collect reviews through the Trustpilot platform. If you leave a review via Trustpilot, you are required to provide a name and email address. Trustpilot shares this information with us so that we can possibly link the review to your order. In some cases, Trustpilot may contact you to provide clarification on your review. If we invite you to leave a review, we share your name and email address with Trustpilot. They use this information solely for the purpose of inviting you to leave a review. Trustpilot has taken appropriate technical and organizational measures to protect your personal data. Trustpilot reserves the right to engage third parties for the delivery of their services, for which we have given Trustpilot permission. All the safeguards mentioned above regarding the protection of your personal data also apply to the parts of the services for which Trustpilot engages third parties.
Reviews that you post on products in our webshop are managed by our webshop itself and not by a third party. These reviews are public and are posted solely at your own responsibility. No personal information is requested from you by our webshop software. However, logging into your webshop account is required for the technical security of Orinaku's webshop. Consequently, our webshop software stores limited information about your reviews in our system, and by posting a review, you automatically give permission to potentially share this information only with the product's manufacturer.
6.4 Transport and Logistics
If you place an order with us, it is our responsibility to have your package delivered to you. We use the services of Sendcloud to carry out the deliveries. For this purpose, it is necessary for us to share your name, address, city and country details with Sendcloud. Sendcloud uses this information solely for the execution of the shipping agreement. On the Orinaku webshop, you can choose the transport service for your package. The available options are: PostNL, DHL, GLS, UPS, FedEx, or DPD.
In the event that the chosen transport service engages subcontractors or transfers your package to another international carrier outside our transport ecosystem, the chosen transport service will also make your information available to these parties. Orinaku is indemnified against errors or data breaches by the transport service you selected on our webshop. The responsibility for this lies entirely with the chosen transport service and with you as the customer.
6.5 Administration and Accounting
For maintaining our administration and accounting, we use the services of an accountant. We share your name, address, city and country details, and information regarding your order with this accountant. This data is used for the administration of sales invoices. Your personal data is transmitted and stored securely. Orinaku's accountant is obligated to confidentiality and will handle your data confidentially. Orinaku's accountant does not use your personal data for purposes other than those described above.
6.6 General Purpose of Processing
We use your data solely for the purpose of our webshop services. This means that the purpose of the processing is always directly related to the purchase or order you provide. We use your data for limited marketing purposes. If you share your data with us and we use this data to contact you at a later time for marketing purposes other than with your consent, we will explicitly ask for your permission, or you have provided it through our webshop. Your data is not shared with third parties, except to meet accounting, payment, or shipping, and other administrative obligations. These third parties are all bound by confidentiality under the agreement between them and us or by a legal obligation.
6.7 Automatically collected data
Data collected automatically by Orinaku’s webshop is processed with the aim of further improving our software and services. These data (such as your IP address, web browser, and operating system) are not personal data. And do not need a consent from the user.
6.8 Cooperation with fiscal and/or criminal investigations
however, we will continue to resist this within the limits allowed by the law.In certain cases, Orinaku BV may be obliged under a legal obligation to share your data in connection with fiscal or criminal investigations by governmental authorities within the European Union, or internationally. In such a case, we are compelled to share your data,
6.9 Retention Periods
We retain your data as long as you are a customer of ours and have a profile account on our webshop. This means that we keep your customer profile until you delete it yourself or indicate that you no longer wish to use our webshop. If you indicate this to us, we will also consider it as a request to be forgotten. This also means that we will not keep your data for longer than two years from the last contact moment or transaction, in relation to warranty cases, unless there is a legal justification for it. Based on applicable administrative obligations, we are required to retain invoices with your (personal) data, so we will keep these data for as long as the applicable term runs. However, Orinaku employees do not have access to your customer profile and therefore cannot make changes to it on your behalf. When you delete your profile, all digital data about you will be removed. These cannot be restored by us at a later time, as we do not have the technical capability within our webshop for this and do not have authorization from you as a customer.
6.10 Your rights
Under the applicable Dutch (where Orinaku is located) and European legislation, you, as the data subject, have certain rights regarding the personal data processed by or on behalf of us. Below, we explain what these rights are and how you can invoke them. In principle, to prevent abuse, we only send copies and duplicates of your data to your already known email address. In case you wish to receive the data at a different email address or, for example, by post, we will ask you to change this in your customer profile yourself. We keep a record of handled requests; in the case of a request to be forgotten, we keep anonymized data. All copies and duplicates of data are provided in the machine-readable data format that we use within our systems. You always have the right to lodge a complaint with the Dutch Data Protection Authority ( Autoriteit Persoonsgegevens ) if you suspect that we are using your personal data incorrectly.
Right of access
You always have the right to inspect the data that we (have) process and that relate to your person or are traceable to you. You can make a request to that effect to our privacy contact person. For such a request, we ask you to identify yourself with legal proof to confirm that you are indeed the owner of the requested data. Failure to provide or refusal to provide this identification obligation will automatically result in rejection of the request. You will then receive a response to your request within a maximum of 60 days. If your request is granted, we will send you a copy of all data to the email address known to us, along with an overview of the processors who hold this data, stating the category under which we have stored this data.
Right to rectification
You always have the right to have the data that we (have) processed and that relate to your person or are traceable to you, corrected. You can make a request to that effect to our privacy contact person. You will then receive a response to your request within 60 days. If your request is granted, we will send you a confirmation to the email address known to us that the data has been corrected. Requests for this, you must be able to legally identify yourself in order to establish that you are the owner of this data.
Right to restriction of processing
You always have the right to restrict the data that we (have or can control) processed, which relate to your person or are traceable to you. You can make a request to that effect to our privacy contact person. You will then receive a response to your request within 60 days. If your request is granted, we will send you a confirmation to the email address known to us that the data will no longer be processed until you lift the restriction. Requests for this, you must be able to legally identify yourself in order to establish that you are the owner of this data.
Right to data transfer/portability
You always have the right to have the data that we (have) processed and that relate to your person or are traceable to you, transferred to another party. You can make a request to that effect to our privacy contact person. You will then receive a response to your request within 60 days. If your request is granted, we will send you copies or duplicates of all data about you that we have processed or that have been processed on our behalf by other processors or third parties to the email address known to us. Although Orinaku will continue to protect your data within our own systems, by exercising this right, you also give consent to release Orinaku from responsibility for these data, as the secure transfer/linkage of data files to the party chosen by you can no longer be guaranteed by Orinaku. Requests for this, you must be able to legally identify yourself in order to establish that you are the owner of this data.
Right to object and other rights
In certain cases, you have the right to object to the processing of your personal data by or on behalf of Orinaku BV. If you object, we will immediately cease the data processing pending the handling of your objection. If your objection is justified, we will provide you with copies or duplicates of the data that we (have) processed, and then permanently cease the processing. As a result, it may be that upon Orinaku BV's decision, the order you wish to place is cancelled because we cannot process it properly without these data. Additionally, you have the right not to be subject to automated individual decision-making or profiling. We do not process your data in such a way that this right applies. If you believe otherwise, please contact our privacy contact person. You will then receive a response to your request within 60 days. Requests for this, you must be able to legally identify yourself in order to establish that you are the owner of this data.
6.11 Google products
Through our webshop, cookies are placed by the American company Google, as part of the " Google GA4 Analytics" service. We use this service to track and obtain reports on how visitors use the website. This processor may be required, based on applicable laws and regulations, to provide access to this data. We collect information about your browsing behavior and share this data with Google. Google may interpret this information in conjunction with other datasets and thereby track your movements on the internet. Google uses this information to offer targeted advertisements (Adwords, Shopify, etc.) and other Google services and products. You can refuse this by rejecting the cookie disclaimer the first time you visit our webshop. Orinaku is bound by the Google cookie consent mode within the European Union.
6.12 Software CMS cookies
Within our software ecosystem, we also use tracking cookies to optimize our services on our webshop. By this, we mean, for example, A/B Testing, Conversion Optimization, or Accessibility. No customer data is viewed or stored in this process.
6.13 Right to refuse customers
Orinaku reserves the right to refuse customer orders. Orinaku is essentially free in its choice to refuse potential customers. An online purchase is made by offering a product on the webshop at a predetermined price and accepting it by placing the product in the shopping cart and completing the entire ordering process. Based on customer data, an order may be canceled, for example, if the destination country poses a high-risk factor or is on the sanctions list. It is also possible that a customer's organization conflicts with the values and norms of the international community or Orinaku itself. If you experience such a refusal and believe this is not the case, please contact our privacy contact person. You will receive a response to your request within 60 days. Requests for this, you must be able to legally identify yourself in order to establish that you are the owner of this data.
.7 Legal Terms
7.1 Legal Structure
In the Netherlands, a 'Besloten Vennootschap' (B.V.) is a commonly used legal structure for businesses. Similar to a private limited liability company, a B.V. offers several advantages for international businesses looking to establish a presence in the Netherlands.
The B.V. structure is recognized for its stability and credibility in international trade. It's an attractive option for foreign counterparts seeking partnerships or collaborations in the Netherlands. The clarity and security provided by a B.V. foster trust and confidence in business dealings.
Partnerships with a B.V. often showcase the Netherlands' commitment to a business-friendly environment, offering security and reliability in negotiations. The structure's flexibility allows for various business collaborations, ensuring adaptability to different international ventures.
In essence, engaging with a Dutch Besloten Vennootschap ensures a robust legal framework, fostering a reliable and secure environment for international business relationships.
Orinaku BV, as a Besloten Vennootschap, falls under the regulatory and legal framework governed by Dutch law and the regulations set forth by the European Union for e-commerce. This includes compliance with the EU General Data Protection Regulation (GDPR), which mandates strict guidelines on data protection and privacy for all businesses operating within the EU. Furthermore, Orinaku BV must adhere to the Dutch Civil Code (Burgerlijk Wetboek) and the Dutch Data Protection Act (Wet bescherming persoonsgegevens).
7.2 Legal Disputes
The registration of Orinaku BV in the Netherlands under Dutch law signifies that Orinaku BV operates under the regulations and laws established in the Netherlands, particularly within the jurisdiction of “Kanton Noord-Oost Netherlands, Zwolle”. For international customers, manufacturers and suppliers, engaging with Orinaku BV, understanding its Dutch Chamber of Commerce registration indicates that the company adheres to Dutch legal standards and regulations. It ensures transparency and compliance with local laws as well as European Union laws, providing assurance and clarity in business dealings.
Any entity (customers, manufacturers, and suppliers) understands and agrees that engaging in business transactions with Orinaku BV automatically abides by Dutch laws described above. Any form of legal dispute against Orinaku BV needs to be addressed within the Dutch legal framework at a Dutch court, with the sole purpose of providing a stable and long-term proven legal justice system that protects both the disputing party and Orinaku BV.
7.3 Brand protection & copyright
Orinaku B.V. is a registered trademark company that takes its brand very seriously. Any misuse of our name, logo, brand, our webshop designs, or company details without our authorization in any way is strictly prohibited and will result in legal action. If you wish to use assets of Orinaku, please contact us at info@orinaku.com. We are always willing to assists, but asking first is the civil thing to do.
7.4 Legal registrations and permits
Orinaku BV is registered in the Netherlands at the Dutch Chamber of Commerce and provides its annual reports publicly every year. At the Dutch Chamber of Commerce, the UBO (ultimate beneficial owner) of Orinaku BV can also be requested. Additionally, Orinaku BV, like any business residing in the Netherlands, is registered with the Dutch tax authorities, owning a legally accepted international VAT number and an EORI number, ensuring international trade.
Additionally, Orinaku BV holds a permit and identification number for the Union regulation (One Stop Shop/OSS-regulation), ensuring that every country within the European Union receives taxes paid on any transaction with Orinaku BV through the Dutch tax authorities.
Lastly, Orinaku BV holds the Article 23 permit stated by the European Union for businesses involved in import and export outside of European borders. This ensures that manufacturers, suppliers, and consumers have a safe and legal way of handling tax replacements upon selling or buying products.
.8 Contact Information
For anymore information about Orinaku BV legal structure please contact us on our email address at info@orinaku.com or on our chat functionality. We are always willing to help!