GENERAL TERMS AND CONDITIONS The Odd Dodo

Definitions
1. The Odd Dodo: The Odd Dodo, established in Boornbergum, Chamber of Commerce no. 76972615.
2. Customer: the person with whom The Odd Dodo has entered into an agreement.
3. Parties: The Odd Dodo and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and
deliveries of services or products by or on behalf of The Odd Dodo.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and
conditions of the customer or of third parties.
Prices
1. All prices used by The Odd Dodo are in euros, are inclusive of VAT and exclusive of any other costs
such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated
otherwise or agreed otherwise.
2. The Odd Dodo is entitled to adjust all prices for its products or services, shown in its shop, on its website
or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which The Odd Dodo could not foresee at the
time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in
paragraph 3, unless the increase is the result of statutory regulation.
Samples / models

If the customer has received a sample or model of a product, he can not derive any rights from this other
than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the
products be supplied conform to the sample or model.

Payments and payment term
1. The Odd Dodo may, at the conclusion of the agreement, require a down payment of up to 50% of the
agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the
agreed amount at the latest on the last day of the payment term, he is legally in default, without The Odd Dodo having to send the customer a reminder or to put him in default.
4. The Odd Dodo reserves the right to make a delivery conditional upon immediate payment or to require
adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, The Odd Dodo is entitled to charge an interest of
1% per month from the day the customer is in default, whereby a part of a month is counted for a
whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to
pay any compensation to The Odd Dodo.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection
costs.

4. If the customer does not pay on time, The Odd Dodo may suspend its obligations until the customer has
met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the
customer, the claims of The Odd Dodo on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by The Odd Dodo, he is still
obliged to pay the agreed price to The Odd Dodo.
Right of recovery of goods
1. As soon as the customer is in default, The Odd Dodo is entitled to invoke the right of recovery with
regard to the unpaid products delivered to the customer.
2. The Odd Dodo invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must
immediately return the products concerned to The Odd Dodo, unless the parties agree to make other
arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any
reason, provided that
– the product has not been used
– it is not a product that can spoil quickly, like food or flowers
– the product is not specially tailored for the consumer or adapted to its special needs
– it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
– the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
– the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure
activity,
– the product is not a separate magazine or a loose newspaper
– the purchase does not concern an (assignment to) urgent repair
– the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via [email protected],
4. The consumer is obliged to return the product to The Odd Dodo within 14 days after the notification of
his right of cancellation, after which period his right of cancellation will lapse.
5. The costs for return are due The Odd Dodo if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for
reimbursement according to the law, The Odd Dodo will refund these costs to the consumer within 14
days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned
the product to The Odd Dodo in time.
Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. The Odd Dodo can appeal to his right of retention of title and in that case retain the products sold
by The Odd Dodo to the customer until the customer has paid all outstanding invoices with regard
to The Odd Dodo, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer
still owes payments to The Odd Dodo.
3. The Odd Dodo is never liable for any damage that the customer may suffer as a result of using his right
of retention of title.
Settlement

The customer waives his right to settle any debt to The Odd Dodo with any claim on Sheep Yarns.

Retention of title
1. The Odd Dodo remains the owner of all delivered products until the customer has fully complied with all
its payment obligations with regard to The Odd Dodo under whatever agreement with The Odd Dodo including of claims regarding the shortcomings in the performance.
2. Until then, The Odd Dodo can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or
otherwise encumber the products.
4. If The Odd Dodo invokes its retention of title, the agreement will be dissolved and The Odd Dodo has the
right to claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at The Odd Dodo unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, The Odd Dodo has the right to suspend its obligations until the
agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to
late delivery by The Odd Dodo.
Delivery period
1. Any delivery period specified by The Odd Dodois indicative and does not give the customer the right to
dissolution or compensation if this period is not met with, unless the parties have expressly agreed
otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and
received an (electronic) confirmation of his order from The Odd Dodo.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to
terminate the contract, unless The Odd Dodo cannot deliver within [number of days late] or if the parties
have agreed upon otherwise.
Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up
by the forwarder or delivery person before receiving the product. In the absence of which Sheep
Yarns may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to
products or the packaging prior to the transport to The Odd Dodo, failing which The Odd Dodo cannot be
held liable for any damage.
Insurance
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is
entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's
expense.
Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or
material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from
accidents, changes made to the product, negligence or improper use by the customer, or when the
cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the
parties, will pass on to the customer when these products are legally and/or factually delivered, at least
are in the power of the customer or of a third party who receives the product for the benefit of the
customer.
Exchange
1. Exchange is only possible if the following conditions are met:
– exchange takes place within 14 days after delivery upon presentation of the original invoice
– the product is returned in the original packaging and with the original (price) tags still attached
to it
– the product has not been used
2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for
the customer and Custom items, sale items and Oopsie items cannot be exchanged.
Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time
with due observance of a notice period of .
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a
notice period of 1 month.
Indemnity

The customer indemnifies The Odd Dodo against all third-party claims that are related to the products
and/or services supplied by The Odd Dodo.

Complaints
1. The customer must examine a product or service provided by The Odd Dodo as soon as possible for
possible shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect
from the agreement, the customer must inform The Odd Dodo of this as soon as possible, but in any case
within 1 month after the discovery of the shortcomings.
3. Consumers must inform The Odd Dodo of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that The Odd Dodo is able
to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to The Odd Dodo being forced to
perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to The Odd Dodo in writing.
2. It is the responsibility of the customer that a notice of default actually reaches The Odd Dodo (in time).
Joint and several Client liabilities

If The Odd Dodo enters into an agreement with several customers, each of them shall be jointly and
severally liable for the full amounts due to The Odd Dodo under that agreement.

Liability of The Odd Dodo
1. The Odd Dodo is only liable for any damage the customer suffers if and insofar as this damage is caused
by intent or gross negligence.
2. If The Odd Dodo is liable for any damage, it is only liable for direct damages that results from or is
related to the execution of an agreement.
3. The Odd Dodo is never liable for indirect damages, such as consequential loss, lost profit, lost savings or
damage to third parties.
4. If The Odd Dodo is liable, its liability is limited to the amount paid by a closed (professional) liability
insurance and in the absence of (full) payment by an insurance company of the damages the amount of
the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and
are only approximate and can not lead to any compensation and/or (partial) dissolution of the
agreement and/or suspension of any obligation.
Expiry period

Every right of the customer to compensation from The Odd Dodo shall, in any case, expire within 12
months after the event from which the liability arises directly or indirectly. This does not exclude the
provisions in article 6:89 of the Dutch Civil Code.

Dissolution
1. The customer has the right to dissolve the agreement if The Odd Dodo imputably fails in the fulfillment
of his obligations, unless this shortcoming does not justify termination due to its special nature or
because it is of minor significance.
2. If the fulfillment of the obligations by The Odd Dodo is not permanent or temporarily impossible,
dissolution can only take place after The Odd Dodo is in default.
3. The Odd Dodo has the right to dissolve the agreement with the customer, if the customer does not fully
or timely fulfill his obligations under the agreement, or if circumstances give The Odd Dodo good
grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of The Odd Dodo in the
fulfillment of any obligation to the customer cannot be attributed to The Odd Dodo in any situation
independent of the will of The Odd Dodo, when the fulfillment of its obligations towards the customer is
prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required
from The Odd Dodo .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of
emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of
suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet,
computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems,
bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which The Odd Dodo cannot fulfill one or more
obligations towards the customer, these obligations will be suspended until The Odd Dodo can comply
with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may
dissolve the agreement in writing in whole or in part.
5. The Odd Dodo does not owe any (damage) compensation in a situation of force majeure, even if it has
obtained any advantages as a result of the force majeure situation.
Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or
supplement its contents, the parties shall timely and in mutual consultation adjust the agreement
accordingly.

Changes in the general terms and conditions
1. The Odd Dodo is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by The Odd Dodo with the customer in advance as much as
possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general
terms and conditions.
Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with The Odd Dodo to third parties
without the prior written consent of The Odd Dodo .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch
Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not
affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest
to what The Odd Dodo had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where The Odd Dodo is established is exclusively competent in case of
any disputes between parties, unless the law prescribes otherwise.