Terms & Conditions
POGS - Terms and Conditions of Sale
These are the terms and conditions of sale of POGS B.V. ("POGS" and these terms and conditions of sale: the "Conditions"). These Conditions apply to all orders placed by you with POGS via its webstore (www.pogsheadphones.com) or otherwise outside a physical retail space. By placing an order, you agree to the applicability of these Conditions on the agreement between you and POGS.
These Conditions set out the rights and obligations of the parties that apply to your ordering of products via the webstore of POGS. It is therefore important that you take the time to read these Conditions carefully. We recommend storing these Conditions on your computer and/or printing them for your records.
1. Information about POGS B.V.
1.1 POGS B.V. is a private limited liability company incorporated in the Netherlands. The full contact information of POGS is as follows:
Hendrik Andriessenlaan 42
2102 CZ Heemstede, the Netherlands
Chamber of Commerce number: 72634839
VAT number: NL859182617B01
2. Your Details
2.1 To enable the smooth and timely execution of the agreement by POGS B.V., it is important that you correctly and completely provide your name, your e-mail address and the delivery address as per the instructions. You are responsible for the accuracy of the details provided by you. You will find the full contact details of POGS B.V. under Article 1 of these Conditions.
2.2 POGS B.V. will use the details provided by you only in the manner indicated in the privacy statement, which is available on its website.
3. Offer and Agreement
3.1 When you buy an article via the webstore of POGS, you enter into an agreement with POGS B.V. The agreement starts when POGS has sent a confirmation to the e-mail address specified by you.
3.2 An agreement arising from an offer which contains an obvious mistake and/or error, such as an unusually low price, is not binding upon POGS. Please contact POGS when you doubt the validity of an offer via firstname.lastname@example.org.
4. Price and Payment
4.1 The price quoted in the webstore when you place an order is the total price including all taxes. Delivery charges may be applied depending on the country where the product will be shipped to.
4.2 You can pay for your order in the ways indicated in the webstore of POGS. It is not possible to use gift cards in the webstore.
5. Order Processing and Delivery
5.1 POGS aims to process and deliver your order as smoothly and quickly as possible.
5.2 Orders are shipped to the delivery address provided by you and via the means of delivery chosen by you.
5.3 If the delivery address is located outside the European Union, it is possible that the country in question charges additional levies, such as import tax. POGS has no influence or control over such levies and can therefore not provide you with further information. You must check yourself if the ordered articles can be exported and imported to the country in question and what the costs are, before placing such an order.
5.4 Ownership of the ordered products passes to you as soon as POGS has received full payment.
5.5 POGS takes great care to ensure that products are shipped accurately and in full. Should you unexpectedly receive incomplete or damaged products, please contact POGS.
6.1 POGS aims to display products on its website as fully and accurately as possible. The nature of the offered products may result in differences (such as colour differences) between the display of products on the website and the product delivered to you.
6.2 The products on offer in the webstore are designed to last but are subject to wear. The lifespan of a product is partly dependent on the intensity of use and the level of care.
7. Right of Withdrawal
7.1 You have the right to terminate the agreement within 14 days after receipt of all the products in your order, without giving any reasons for doing so. This is the so-called cooling-off period. You can use your right to terminate the agreement by sending us the completed return form. More information about return options can be found on our website.
7.2 If you choose to terminate the agreement as far as a particular product is concerned, you are required to return this product as soon as possible, but no later than 14 days after receipt of all the products in your order, to the address of POGS as stated in the shipping label which you can find on our website.
7.3 In case of termination within the meaning of Article 7.1, POGS refunds the amount paid for the product in question immediately and in any case no later than fourteen days after receipt of the notice that you wish to terminate the agreement, but not before POGS has received the returned product in question or you are able to prove that the product has indeed been returned. If, when placing your order, you chose a different delivery method than the cheapest standard delivery used by POGS, we will not refund any extra costs resulting from this upon termination of the agreement.
7.4 The termination right within the meaning of Article 7.1 is meant to determine if the product is suitable and if you indeed want the product. It is permissible to use the product as far as necessary to verify whether or not you actually want the product, just like you would do in a retail space. Further use of the product, such as wearing the product, affects your termination right as set out in more detail in Article 7.5.
7.5 When you return a product that you have damaged, a product is incomplete or a product contains other signs of wear which show that you have used the product more extensively than permitted under Article 7.4, you are liable towards POGS for the full value of the product.
8. Changes to these Conditions
8.1 If POGS decides to change these Conditions, it will publish the changed Conditions on its website. You are advised to check on a regular basis if the Conditions have changed. Any changes do not apply to orders that were placed before the date of change. These Conditions were last changed on November 15, 2018.
9.1 POGS aims to deliver the highest possible quality regarding its products and services. Should you have any complaints, you can direct them to us by post or e-mail to:
Hendrik Andriessenlaan 42
2102 CZ Heemstede
9.2 If you have gone through the complaint procedure, but you want your complaint referred to another authority, you can contact the Dispute Commission via the European ODR Platform: http://ec.europa.eu/consumers/odr/.
10. Applicable Law
10.1 Dutch law applies to these Conditions and to the agreements between you and POGS, with the exclusion of the Vienna Sales Convention. This choice of law shall not affect any further protection that you have based on the mandatory provisions of the law that would apply without this provision.