Terms and Conditions OCAI.pro

1. Definitions

In these Terms and Conditions the following definitions apply:

• OCAI.pro or OCAI: K&S KnowledgeLab BV, trading under the name OCAI.pro.
• Consumer: a natural person acting for purposes outside his or her trade, business or profession.
• Customer: the consumer who uses OCAI.pro, places an order or enters into an agreement.
• Agreement: the distance sales contract between OCAI.pro and the customer.
• Product: a movable good offered or sold via OCAI.pro.
• Offer: the product presentation and the offer by which an agreement can be concluded.
• Order: the request placed by the customer to purchase one or more products.
• Supplier: an external party that provides products, product data, stock or fulfilment.
• Fulfilment partner: an external party that performs storage, packing, shipping or return handling.
• AI function: an automated function for searching, analyzing, comparing, ranking or recommending.
• Cooling-off period: the statutory period in which the consumer can exercise the right of withdrawal.
• Durable medium: a means by which information can be stored personally and accessed unchanged, such as e-mail.

2. Identity of OCAI.pro

K&S KnowledgeLab BV
Trading under the name OCAI.pro
Bolderweg 2, building E, office 15
1332 AT Almere
Netherlands
Chamber of Commerce number: 60271477
VAT number: NL853837302B01
E-mail: info@ocai.pro
Privacy: privacy@ocai.pro

Contact with customer service can be made via the contact options on OCAI.pro.

3. Applicability

These Terms and Conditions apply to every offer, every order and every agreement between OCAI.pro and a consumer, unless otherwise agreed in writing.

Before the agreement is concluded, the text of these terms is made available electronically in a manner in which the customer can store it. If that is not reasonably possible, it will be indicated where the terms can be inspected.

When, in addition to these terms, special product or promotional conditions apply, those conditions also apply. In the event of conflict, the provision most favorable to the consumer shall apply, unless mandatory law provides otherwise.

Additional or deviating terms may apply to business customers. These consumer terms are primarily written for natural persons who are not acting in the course of a business or profession.

4. Nature of the platform and the services

OCAI.pro is an AI-supported commerce platform and web shop. The platform assists customers in searching for, comparing and selecting products and enables products to be ordered.

OCAI.pro may make use of external parties for assortment, stock, fulfilment, shipping, payment and technical services. If OCAI.pro acts as seller in the agreement, OCAI.pro remains responsible to the consumer for the seller's statutory obligations.

When a specific offer explicitly names another seller, it will be made clear before placing the order with which party the sales agreement is concluded.

5. AI product advice and automated selections

OCAI.pro uses AI to interpret search queries and preferences, ask additional questions and analyze, compare and rank available products.

Recommendations may be based, among other things, on:

• the need and preferences provided by the customer;
• budget, intended use and product features;
• price, stock and available delivery information;
• product data from suppliers;
• reviews, quality indicators and return risks;
• selection and policy rules used by OCAI.pro.

AI recommendations are supportive and do not constitute personal financial, medical, legal or other professional advice. A recommendation is no guarantee that a product fully meets every requirement or is suitable in every situation.

The customer remains responsible for checking the final product description, specifications, sizing, compatibility, price, availability, delivery time and any warnings before placing the order.

OCAI.pro attempts to present the reason for a recommendation in an understandable manner. Results may change when product information, price, stock, selection criteria or the customer's answers change.

6. Offer and product information

OCAI.pro describes the offer as fully and accurately as reasonably possible. The offer contains the information necessary to make an informed purchase decision.

Product photos, colors and images are indicative. Due to display settings, product variants or changes by a manufacturer, the actual execution may differ slightly, provided the product complies with the agreement and statutory conformity requirements.

Manifest errors, typographical errors, technical errors and evidently incorrect prices do not bind OCAI.pro when the customer could reasonably have understood that an error had occurred.

An offer may have a limited validity period or be subject to stock. Stock and delivery information may come from a supplier and may change between viewing and ordering.

Where relevant, the offer states, among other things:

• the main characteristics of the product;
• the total price including VAT;
• any shipping or additional costs;
• available payment methods;
• expected delivery or delivery period;
• the existence of the right of withdrawal;
• any limitations or exceptions;
• the identity of the seller when this is not OCAI.pro.

7. Formation of the agreement

The customer places an order by completing the checkout process and confirming the order with a payment obligation.

After receipt, OCAI.pro sends an electronic confirmation. An automatic receipt confirmation indicates that the order has been technically received. OCAI.pro may then check the order for payment, availability, fraud, price errors and feasibility.

The agreement is concluded as soon as OCAI.pro has expressly accepted the order or has started performance, unless it is clear from the order confirmation that the agreement was concluded earlier.

OCAI.pro may refuse an order prior to acceptance with reasons, for example in case of:

• unavailability of the product;
• a manifest price or product error;
• insufficient or failed payment;
• reasonable indications of fraud or misuse;
• an incorrect or incomplete delivery address;
• legal trade, sanction or delivery restrictions;
• an order that is reasonably not feasible.

In case of refusal, any payment already received will be refunded without unreasonable delay.

OCAI.pro archives relevant order data. The customer receives the agreement and applicable information where necessary on a durable medium.

8. Prices and additional costs

Prices displayed to consumers include the applicable VAT, unless clearly stated otherwise.

Any shipping costs, import duties or other unavoidable additional costs are stated before completion of the order insofar as they can reasonably be calculated in advance.

When a product is delivered from a country outside the European Union, OCAI.pro informs the customer prior to purchase as clearly as possible about known consequences. If import duties or local taxes are not included in the checkout, this will be stated before ordering.

Prices may change. A price change does not affect an already accepted order, except in case of an obvious error or if the customer agrees to a change.

9. Payment

Payment is made via the payment methods offered during checkout. OCAI.pro may engage a payment service provider for this purpose.

The customer is obliged to provide correct payment details and declares to be authorized to use the chosen payment method.

Depending on the payment method, payment may occur in advance, immediately after ordering or according to the terms of the payment service provider.

If payment is not made, OCAI.pro may suspend performance or cancel the order. For a consumer with a due payment arrears, extrajudicial costs will only be charged after a cost-free statutory fourteen-day notice has been sent and payment has not been made within that period.

A chargeback does not relieve the customer of a valid payment obligation. Unjustified chargebacks may be investigated.

10. Control and fraud prevention

OCAI.pro may check orders to protect customers, the platform, suppliers and payment service providers against fraud, misuse, money laundering, unauthorized payments and security incidents.

If there is a reasonable suspicion, additional verification may be requested. OCAI.pro limits such checks to what is necessary and legally permitted.

If verification cannot be completed within a reasonable period, the order may be suspended or canceled. A received payment will be refunded insofar as no valid counterclaim exists.

11. Delivery and performance

Delivery takes place to the address or collection point provided by the customer. The customer is responsible for correct and complete delivery details.

A stated delivery date or delivery period is an expectation, unless a strict deadline has been expressly agreed.

OCAI.pro will perform an order within the statutory period at the latest, unless another delivery period has been agreed. When delivery does not take place on time, the consumer's statutory rights apply.

An order may be delivered in multiple shipments when products come from different locations or suppliers. No additional costs will be charged for this unless previously agreed.

The customer must provide reasonable cooperation to enable delivery. When delivery fails due to incorrect information or refusal to accept the package without a valid reason, reasonable provable costs for a new shipment may be charged.

12. Suppliers and fulfilment partners

OCAI.pro may work with external product suppliers, dropshipping suppliers, warehouses, fulfilment partners and carriers. As a result, a product may be shipped directly from an external location to the customer.

Engaging a supplier or fulfilment partner does not change the consumer's statutory rights against OCAI.pro when OCAI.pro is the seller under the relevant agreement.

Products from a single order may arrive separately and have different tracking codes. Available delivery information will be provided to the customer as soon as it becomes available.

OCAI.pro requires relevant suppliers to comply with applicable product, consumer, safety and privacy regulations. This does not affect the legal responsibilities of each party involved.

13. Delay, unavailability and cancellation

When an ordered product proves unavailable after acceptance, OCAI.pro will inform the customer as soon as possible.

OCAI.pro may, only with the customer's consent, offer an equivalent alternative. The customer is not obliged to accept this alternative.

If delivery is impossible or a statutory additional delivery period expires unused, the customer may dissolve the agreement in accordance with the law. Amounts already paid for the undelivered product will be refunded.

In case of a material delay, OCAI.pro will provide available information about the cause and an adjusted expectation.

14. Risk and ownership

The risk of damage or loss passes to the consumer as soon as the consumer, or a third party designated by him or her who is not the carrier, has received the product.

When the consumer chooses a carrier himself who is not offered by OCAI.pro, the risk may pass upon transfer to that carrier, insofar as the law determines.

Ownership of the product transfers after the product has been delivered and all amounts due for that product have been paid, to the extent a retention of title is legally permitted.

15. Right of withdrawal

A consumer may in principle withdraw from a distance sales agreement within fourteen days without giving reasons.

For products, the cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product.

For multiple products in one order that are delivered separately, the cooling-off period generally starts after receipt of the last product, part or shipment.

The consumer exercises the right of withdrawal by sending an unambiguous statement to OCAI.pro within the cooling-off period. The return procedure or the European model withdrawal form may be used for this purpose, but this is not mandatory.

It is sufficient that the notice of withdrawal is sent before the expiry of the cooling-off period. The consumer bears the burden of proof for this.

After withdrawal, the consumer must return or hand over the product within fourteen days at the latest in accordance with the provided return instructions.

16. Exceptions to the right of withdrawal

The right of withdrawal can only be excluded when the law permits this and this has been clearly communicated before purchase. Possible statutory exceptions include, among others:

• products that are manufactured according to the consumer's specifications and are not prefabricated;
• clearly personal or personalized products;
• products that rapidly deteriorate or have a limited shelf life;
• sealed products that are not suitable for return for reasons of health or hygiene if the seal has been broken after delivery;
• products that are irreversibly mixed with other items after delivery due to their nature;
• other products or services for which the law explicitly provides an exception.

Merely opening an ordinary transport or product packaging does not terminate the right of withdrawal, unless a valid statutory exception applies.

17. Return procedure

For quick processing, the customer is asked to register a return via the returns page or customer service. The absence of a prior registration does not remove the statutory right of withdrawal when the consumer has withdrawn in a timely and unambiguous manner.

After registration, OCAI.pro provides the correct return instructions and, where relevant, the applicable return address. A product must not be sent to the public office address or directly to a supplier when another return address has been specified.

The consumer treats the product and packaging with care during the cooling-off period. The product may only be used to the extent necessary to determine the nature, characteristics and functioning, as would be possible in a physical store.

The consumer is only liable for any diminished value resulting from use beyond what is necessary for this assessment.

The direct costs of returning are borne by the consumer, unless OCAI.pro has indicated that it will bear them, the product is not in conformity or the consumer was not correctly informed about these costs.

More information is available on the Returns page.

18. Refund after withdrawal

After a valid withdrawal, OCAI.pro will refund the payment received for the withdrawn product, including the costs of the cheapest offered standard delivery insofar as the law requires this.

Additional costs because the consumer has chosen a more expensive delivery method do not have to be refunded insofar as they exceed the cheapest standard delivery.

Refunds are made without unreasonable delay and at the latest within the statutory period. OCAI.pro may wait until the product has been received or the consumer demonstrates that the product has been returned, depending on which occurs earlier.

In principle, the same payment method is used for the refund as was used for the original transaction, unless the customer agrees to a different method. No costs are charged for the refund.

19. Conformity and statutory warranty

A product must conform to the agreement. The product must possess the characteristics that the consumer may reasonably expect on the basis of the agreement, product information and reasonable expectations.

Statutory conformity rights apply in addition to any factory or commercial warranty. A commercial warranty never limits statutory rights.

When a product is delivered damaged, defective, incomplete, incorrect or otherwise non-conforming, the customer must report this as soon as possible after discovery. A report within two months after discovery is in any case timely, without prejudice to broader statutory rights.

Depending on the circumstances and statutory conditions, the consumer may be entitled to free repair, replacement, a price reduction or dissolution and refund.

OCAI.pro may examine or have the product examined to determine the complaint and an appropriate solution. Return costs for a justified conformity complaint are not for the consumer's account.

Normal wear and tear, improper use, incorrect assembly, external damage or use contrary to clear instructions does not automatically constitute a defect for which OCAI.pro is responsible.

20. Complaints procedure

Complaints can be submitted via customer service or by e-mail to info@ocai.pro. Preferably include the order number, a clear description and relevant photos or documents.

OCAI.pro acknowledges receipt and handles the complaint within a reasonable period. When further investigation is necessary, the customer is informed about the progress.

Filing a complaint does not automatically suspend a payment obligation, except insofar as the law grants the consumer a right to suspend.

When parties do not reach a solution, the consumer may use a competent dispute resolution body or court. OCAI.pro only mentions membership of a specific dispute committee when such membership actually exists.

21. Liability

OCAI.pro is liable for damage insofar as that liability arises from law or the agreement. Nothing in these terms excludes or limits liability that may not be excluded or limited by mandatory law.

OCAI.pro is not liable for damage that arises solely from:

• incorrect or incomplete information provided by the customer;
• use of a product contrary to clear instructions;
• unsuitable use of a product that was not reasonably foreseeable;
• an external website or service outside the control of OCAI.pro;
• a malfunction that cannot be attributed to OCAI.pro;
• an obvious error that the customer could reasonably have recognized.

Product data from suppliers is checked and processed, but may be incomplete or delayed. This does not relieve OCAI.pro of obligations that OCAI.pro has as seller towards the consumer.

An AI recommendation does not replace the customer's own check of essential specifications. OCAI.pro remains responsible for information and obligations insofar as this follows from applicable law.

22. Force majeure

OCAI.pro is not obliged to perform while performance is prevented by a circumstance that cannot be attributed to OCAI.pro, insofar as the law permits.

Possible circumstances include, among others:

• serious disruptions in infrastructure or payment systems;
• natural disasters, fire, war, terrorism or epidemics;
• strikes or exceptional transport disturbances;
• government measures, sanctions or import restrictions;
• large-scale cyber incidents beyond reasonable control;
• unforeseen failure of essential external services.

OCAI.pro informs the customer where reasonably possible and seeks a suitable solution. Statutory rights in case of permanent impossibility or prolonged delay remain applicable.

23. Accounts and rules of use

The customer provides correct and up-to-date information when registering, secures login details and reports suspected misuse immediately.

It is not permitted to:

• use the platform for fraud or unlawful purposes;
• circumvent security, access control or usage limits;
• execute harmful code or automated attacks;
• scrape data at scale without permission;
• impersonate another person or organization;
• infringe the rights of OCAI.pro, suppliers or third parties;
• deliberately misuse the AI functions with unlawful content.

OCAI.pro may temporarily limit access when necessary for security, maintenance, investigation or stopping misuse. Measures are proportionate and explained where appropriate.

24. Reviews and user content

When customers post reviews, feedback, images or other content, it must be truthful, relevant and lawful.

Content must not:

• contain misleading or demonstrably false information;
• contain insulting, discriminatory or threatening material;
• include personal data of others without a lawful basis;
• infringe intellectual property rights;
• constitute covert advertising or manipulation of ratings.

OCAI.pro may moderate or remove content when there is a justified reason. Paid, sponsored or otherwise incentivized reviews are marked as such when applicable.

25. Intellectual property

Rights to the name OCAI, software, design, texts, database structure, selection processes, AI functionality and proprietary content rest with K&S KnowledgeLab BV or its licensors.

Product trademarks, product photos and supplier content may be the property of the respective rights holders.

The customer is granted only a personal, limited, non-exclusive and non-transferable right of use for normal use of the platform.

Without prior permission it is not permitted to copy, publish, sell, reverse-engineer or commercially exploit substantial parts of the platform, the database, software or content, except insofar as mandatory law allows.

26. Privacy and security

OCAI.pro processes personal data in accordance with the Privacy Statement.

Information about OCAI.pro's security principles can be found in the Security Statement.

The customer does not provide special categories of personal data, passwords, full payment card details or confidential information via free-form AI search fields when this is not necessary.

27. Electronic communication

OCAI.pro may provide information about orders, payments, delivery, returns, security and changes electronically to the contact details provided by the customer.

The customer is responsible for keeping the e-mail address up to date and checking messages and spam filters.

Electronic records may serve as evidence, unless the customer produces counter-evidence. This does not affect statutory rules of evidence and consumer rights.

28. Amendments to these terms

OCAI.pro may amend these terms due to changed legislation, services, technology or business operations.

In principle, the terms that applied at the time the agreement was concluded apply to an order. A later amendment will not be applied retroactively to the detriment of the consumer.

In the event of material changes to ongoing services, OCAI.pro will inform the customer in advance in an appropriate manner.

29. Applicable law and disputes

Dutch law applies to offers, orders and agreements with OCAI.pro.

This choice of law does not deprive a consumer who resides in another EU Member State of the protection of mandatory provisions of the law of the country where the consumer has his habitual residence, when that law applies according to applicable rules.

Disputes may be submitted to the competent court according to the law. The consumer retains all rights with respect to the competent court in his or her place of residence insofar as applicable.

Parties preferably try to resolve a dispute first amicably through the complaints procedure.

30. Final provisions

If a provision proves wholly or partially void, voidable or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a valid provision that approximates the purpose and intent as closely as possible, without limiting mandatory consumer rights.

The failure to exercise a right immediately does not mean that OCAI.pro waives that right.

Headings and numbering are intended for readability only and do not independently determine the interpretation of a provision.

In case of differences between translations, the Dutch version is leading, insofar as this is legally permitted and the consumer was clearly informed about the applicable language before concluding the contract.

Questions about these terms can be sent to info@ocai.pro.

See also the Privacy Statement, the Security Statement and the returns information.