Refund policy
Returns, and Refunds Policy (05 May 2023)
- Octagon Projects©™ is a legal entity under the laws of The Netherlands, domiciled in Amersfoort, The Netherlands.
- This website is governed by the stipulations contained in Website Sales Terms in so far as they do not contradict those contained herein.
- Octagon Projects©™ (further referred to as OPC for the purposes of this document) is used to describe, but is not limited to, any physical products, clothing, promotional gifts, and signage.
- Octagon Projects©™, Octagon INFERNO©™, and Octagon Upcycle©™ are trademarks of OPC.
Damages, and Exchanges
- To ensure complete satisfaction with your order, please inspect your order upon reception, and contact us immediately if an item is defective, damaged, or the wrong item.
- The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
- We aim to deliver the correct items at a great quality level, so each incident is thoroughly evaluated and when required, make it right.
Returns and Refunds
- Definition and requirements
- All sales are final, except as provided in OPC warranty statements, returns are not accepted unless, the:
- Deliverable Item(s) were defective before being shipped by OPC (see Limited Warranty Deliverable Item(s)),
- Deliverable Item(s), other than those specified in the checkout PO were shipped,
- such Deliverable Item(s) are returned in accordance with the current OPC policy Return and Refund policy for standard products without personalized text and/or graphics.
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Refunds
- Once we’ve received and inspected your return, we will contact you and let you know if the refund was approved or not.
- If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
- If more than 15 business days have passed since we have approved your return, please contact us at
octagon-info@octagon-projects.net.
- Once we’ve received and inspected your return, we will contact you and let you know if the refund was approved or not.
- By making a purchase with us, you agree to the no refund policy on items with personalized text and/or graphics.
- Return and Refund policy for standard products without personalized text and/or graphics
- Contact us for any return question at octagon-info@octagon-projects.net.
- We have a THIRTY (30) day return policy, which means you have 30 days after receiving your item to request a return.
- To be eligible for a return, your item must be in the same condition you received it: unworn or unused, with tags, and in its original packaging and accompanied by the receipt or proof of purchase.
- To start a return, contact us at octagon-info@octagon-projects.net.
- We will send you a return shipping label, together with instructions on how and where to send your package.
- All items sent back to us without first requesting a return, or not in the condition described above, will not be accepted.
- No Return or Refund policy for products with personalized text and/or graphics
- OPC strives to provide our customers with the highest quality products and services. However, for all items made to order which contain personalized text and/or graphics, we are unable to offer refunds on these purchases. The reason is that the item once created for one individual only has an intrinsic value for that person.
- By making a purchase with us, you agree to this no refund policy on items with personalized text and/or graphics. Once an order is placed and payment is received, it cannot be cancelled or refunded.
European Union 14 day cooling off period
- Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason or without any justification.
- As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Bad Faith
- These Conditions prohibit the Customer from copying, developing, reverse engineering, or having products, concepts, systems or techniques developed for them that are visually or technically similar to, or compete with the products, concepts, systems, or techniques embodied in the OPC Deliverable Item(s).
- OPC shall use any and all legal means to prevent and/or recover any damages arising from such bad faith.
Copyright ownership and acknowledgments
- OPC copyrights
- The original content contained herein and created by OPC is the subject of copyright and intellectual property rights under international conventions. All rights reserved.
- No part of the original content may be reproduced, stored in a retrieval system or transmitted in any form by any means, electronic, mechanical or optical, in whole or in part, without the prior permission of OPC, unless:
- It is OPC created Content indicated as a Creative-Commons license resource(s) may be freely copied and distributed under the terms of their own CC3 licensing agreements.
- Non-OPC copyrights
- All data subject to change without notice.
- All intellectual property, copyrights©, registered trademarks® and trademarks™ are the property of their respective owners and where used, are used without participation.
- All company names, product names, and service names mentioned are used for identification purposes only and may be the registered trademarks, trademarks, or service marks of their respective owners. All information is without participation, authorization, or endorsement of the other party.
- All Creative-Commons licensed resources are clearly indicated and may be freely copied under the terms of their own licensing agreements.
Liability, No limitation of liability, and exclusion of liability
- Liability
- OPC or any of its affiliates shall have no liability for the consequences of use of such information of content on this website or Deliverable Item(s).
- OPC takes no responsibility for the content on this website or Deliverable Item(s), if provided by a source outside of OPC.
- In no event, shall OPC or any of its affiliates be liable for any indirect, incidental, punitive, special or consequential damages (including - without limitation - lost profits, lost savings, business interruption, costs related to the removal or replacement of any products or rework charges) whether or not such damages are based on tort (including negligence), warranty, breach of contract or any other legal theory.
- Notwithstanding any damages that the Customer might incur for any reason whatsoever, OPC's aggregate and cumulative liability towards customer for the products described herein shall be limited in accordance with the Conditions. See the sections Sales and Orders.
- Liability arising from the Customer's failure to pay any amounts due to OPC under the Conditions.
- No limitation of liability
- Nothing in the Conditions limits or excludes the liability of:
- Either party to the other for:
- personal injury or death resulting directly from the negligence of the other party;
- fraud or fraudulent misrepresentation;
- a breach of Section Confidentiality; or
- any liability that cannot be limited or excluded under applicable law.
- Exclusion of liability
- Subject to the above, and notwithstanding anything else in the Conditions to the contrary, neither party will be liable for any:
- special, incidental, indirect or consequential damages;
- loss of any of the following: profits, revenue, business, anticipated savings, use of any product or service, opportunity, goodwill or reputation;
- lost or damaged data; or wasted expenditure (other than any expenditure necessarily incurred to discharge the innocent party duty or to mitigate its losses).
- This limitation of liability applies whether the claims are contract, tort (including negligence), misrepresentation or otherwise. This limitation of liability is in the aggregate and not per incident.
- Except for the customer's breach of OPC's intellectual, or proprietary rights, neither party may bring a claim under the Conditions more than 12 months after the event that creates the action or claim.
- References in this section:
- "Party" includes a party, affiliates, officers, directors, employees, agents and suppliers and;
- "Liability" includes liability arising from contract, tort (including negligence), under any indemnity, strict liability or otherwise, in each case even if a party has been informed of the possibility of that liability.
- "Loss" refers to any and all kinds of loss or damage including, without limitation, any damages, fines, costs, charges, fees or other liability.
Limited warranty
- Notwithstanding any other term of the Conditions, OPC's sole and exclusive warranty and obligations are set forth in this Limited Warranty section.
- This website
- The Information on this website is believed to be accurate and reliable at time of publication. However, OPC does not give any representations or warranties, expressed or implied, as to the accuracy or completeness of such information.
- Neither OPC nor any of its affiliates make any warranties with respect to these contents, and specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Further, OPC reserves the right to revise or change this website without the obligation to notify any person or organization of such revision or change.
- Deliverable Item(s)
- OPC's sole and exclusive warranty duration is THIRTY (30) days from the original Ex-works date. Under no
- The customer's sole and exclusive remedy for breach of this warranty shall be, at OPC's option, repair of the Deliverable Item(s), or termination of the Conditions for such non-conforming Deliverable Item(s) and return of the Deliverable Item(s) to OPC, as described in the Returns and Refunds section, followed by reconciliation of any remaining outstanding costs.
- Restrictions
- The limited warranties referenced in this Section do not apply if OPC's Deliverable Item(s):
- are altered, except by OPC,
- third-party Deliverable Item(s) such as graphics, and so forth
- Except as expressly provided in this Section, OPC hereby disclaims and the Customer waives all representations, warranties, conditions or other terms (whether express, implied, or statutory), including, without limitation, any warranty, condition, or term of merchantability, fitness for a particular purpose, reasonable care and skill, noninfringement, satisfactory quality, accuracy, or system integration, or
- arising from any course of dealing, course of performance, or usage. To the extent permitted by law, if a warranty, condition, or term cannot be disclaimed, such warranty, condition, or term shall be limited in duration to the applicable express warranty period.
Choice of Law, Dispute Resolution and Miscellaneous Articles
- Choice of Law: The validity, interpretation, and performance of these General Trading Terms and Conditions shall be governed by and construed under the laws of The Netherlands, as if performed wholly within The Netherlands and without giving effect to the principles of conflicts of law.
- The Dutch courts shall have sole, exclusive jurisdiction over any claim arising thereunder, provided that either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party intellectual property or proprietary rights.
- The parties agree that the UN Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of the Conditions.
- Dispute Resolution: OPC and the Customer agree that any conflict, dispute, controversy, or claim arising out of or relating to the Conditions or the relationship created by the Conditions, including questions of arbitrability, whether sounding in tort or contract (together or individually a Dispute), shall be finally resolved in accordance with the following process:
- Escalation of Disputes: the parties agree to attempt to resolve each Dispute by first escalating the Dispute to their respective business managers. Within FOURTEEN (14) calendar days of written notice of a Dispute, the business managers will meet in person or by phone and work in good faith to resolve the Dispute.
- Arbitration or Civil action: If the parties fail to resolve the issue within THIRTY (30) days, either party can proceed to either Arbitration (preferred) or Civil action as a last resort. In either case, the binding law shall be that of The Netherlands as stated earlier.
- Force Majeure: time for performance of the obligations and rights of the defaulting party shall be extended for a period equal to the duration of the Force Majeure Event.
- No Waiver: The waiver by either party of any right provided under the Conditions shall not constitute a subsequent or continuing waiver of such right or of any other right under the Conditions.
- Assignment: Neither the Conditions nor any right or obligation under the Conditions shall be assigned by a party without the OPC's prior written consent. Any attempted assignment shall be void and of no effect.
- Severability: If one or more terms of the Conditions become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such part or term shall be null and void and shall be deemed deleted from the Conditions. All remaining terms of the Conditions shall remain in full force and effect. However, if this paragraph is invoked and, as a result, the value of the Conditions is materially impaired for either party, then the affected party may terminate the Conditions by written notice with immediate effect.
- No Agency: The Conditions do not create any agency, partnership, joint venture, or franchise relationship. No employee of either party shall be or become, or shall be deemed to be or become, an employee of the other party by virtue of the existence or implementation of the Conditions. Each party hereto is an independent contractor. Neither party shall assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
- Entire Agreement: The Conditions constitute the complete agreement between the parties concerning the subject matter of the Conditions and replace any prior oral or written communications between the parties except as agreed in writing between the parties. There are no conditions, understandings, agreements, representations or warranties, expressed or implied. The Conditions may only be modified by a written document executed by both parties.
- Notices: All notices required or permitted under the Conditions shall be in writing. Notices will be deemed to have been given
- One day after deposit with a commercial express courier specifying next day delivery; or
- Two days for international courier packages specifying two-day delivery, with written verification of receipt.
- All communications to the customer shall be sent to the address set forth on the first page of these the Conditions and to OPC to such other address as may be designated from time to time by a party by giving at least 14 days’ written notice to the other party.
- Notwithstanding the above, notices from OPC regarding general changes in pricing, Services, policies the website used by OPC or any other digital means
- Third-party rights: No person who is not a party to the Conditions shall be entitled to enforce, or take the benefit of any of its terms under any legal procedure.
- Costs: Except where expressly stated otherwise, each party shall bear all costs and expenses incurred by it under or in connection with the Conditions.