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General terms and conditions

Contents

Article 1. Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data that is produced and supplied in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
  10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organised system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2. Identity of the entrepreneur

OLIVE LEGACY
trading under the names: OLIVE LEGACY, https://www.olivelegacy.eu and https://www.olivelegacy.nl 

Telephone number: +31 85 0606 909 (local rate), accessibility: Mon-Sun 09: 00-21: 00.
Email: info@olivelegacy.eu or via the contact form, accessibility: 24 hours a day, 7 days a week.
Live chat: https://www.olivelegacy.eu, accessibility: Mon-Sun 09: 00-21: 00.

Dutch Chamber of Commerce number: 69037671.
Dutch VAT-identification number: NL002503357B50.

Article 3. Applicability

  1. These terms and conditions are applicable to every offer of the entrepreneur and every distance contract between the entrepreneur and the consumer.
  2. The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the entrepreneur will state, before the distance contract is entered into, the manner in which the terms and conditions can be consulted at the entrepreneur and that they can be sent as soon as possible, free of charge, at the consumer's request.
  3. If the distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the distance contract is entered into, the text of these terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the consumer's request.
  4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the first and second paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable condition that is most favourable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are canceled, the agreement and these terms and conditions will remain in effect and the provision in question will be immediately replaced by a provision in mutual consultation as close as possible to the tenor of the original.
  6. Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.

Article 4. The offer

  1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer will include a full and detailed description of the offered products, digital content, and/or services. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. If the entrepreneur makes use of images, these will be a true representation of the offered products, digital content and/or services. Manifest oversights or manifest errors in the offer will not be binding upon the entrepreneur.
  4. All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
  6. Every offer will include such information that it will be clear to the consumer what rights and obligations are connected with the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the height of any shipping costs;
    • the way in which the contract shall be concluded and which actions this will require;
    • whether or not the right of withdrawal applies;
    • the arrangements for payment, delivery and performance of the contract or order;
    • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;
    • the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
    • whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
    • the way in which the consumer can rectify the information provided under the agreement, before the conclusion of the agreement;
    • any other languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.

Article 5. The agreement

  1. The contract is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. The consumer can terminate the contract for as long as the receipt of this acceptance is not confirmed by the entrepreneur.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data, and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.
  4. The entrepreneur can - within the statutory provisions - investigate whether the consumer can fulfil their payment obligations, as well as investigate all the facts and factors that are of importance for entering into the distance contract responsibly. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will, no later than on the delivery of the product, service, or digital content, send the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, the following information:
    1. the visiting address of the place of business of the entrepreneur where the consumer can direct complaints;
    2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    3. the information on guarantees and existing service after purchase;
    4. the price, including all taxes, of the product, service, or digital content; the costs of delivery insofar as applicable; and the method of payment, delivery or implementation of the distance contract;
    5. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    6. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
    7. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of an extended transaction, the provisions in the foregoing paragraph are only applicable to the first delivery.
  7. Any agreement or order is entered under the condition of sufficient availability of the products.

Article 6. Right of withdrawal

Delivery of products:

  1. In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the consumer or a by the consumer announced representative.
  2. The cooling off period stated in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the transporter, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have informed the consumer of this in a clear manner prior to the ordering process, refuse an order of multiple products with different delivery times.
    2. if the delivery of a product consists of different consignments or components: the day on which the consumer, or a third party designated by them, has received the last consignment or the last component;
    3. c. in the case of contracts for regular delivery of products during a particular period: the day on which the consumer, or a third party designated by them, has received the first product.

ervices and digital content that is not supplied on a tangible medium:

  1. The consumer can terminate a service contract and a contract for the delivery of digital content that is not delivered on a material carrier during a period of a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige the consumer to state their reason(s).
  2. The reflection period stated in paragraph 3 commences on the day following the contract having been entered into.
  3. To exercise his right of withdrawal, the consumer will inform the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7. Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to establish the nature, the characteristics and the operation of the product. The basic principle in this is that the consumer may only utilize and inspect the product as they would be allowed to do in a store.
  2. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. The consumer is only liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
  4. The consumer is not liable for depreciation of the product if the entrepreneur has not provided the consumer with all legally required information on the right of withdrawal before or at the time of the contract being entered into.

Article 8. Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of their right of withdrawal, they will notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer is deemed to have adhered to the reflection period if he returns the product before the reflection period has expired.
  3. The consumer will return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer will bear the direct costs of the return of the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that it will bear the costs, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer is liable to pay the entrepreneur an amount that is in proportion to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, in comparison with the complete fulfilment of the obligation.
  7. The consumer will not bear any costs for the performance of services or the supply of water, gas, or electricity that have not been made ready for sale in a limited volume or specific quantity, or for the supply of district heating, if:
    1. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
    2. the consumer has not expressly requested the performance of the service or the supply of gas, water, electricity, or district heating to commence during the reflection period.
  8. The consumer will not bear any costs for the full or partial delivery of digital content that is not delivered on a material carrier if:
    1. they have not given their prior express consent to the commencement of the performance with the contract before the end of the reflection period;
    2. they have not acknowledged that they lose their right of withdrawal on giving their consent; or
    3. the entrepreneur has omitted to confirm this statement by the consumer.
  9. If the consumer makes use of their right of withdrawal, all ancillary contracts are terminated by operation of law.

Article 9. Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer by electronic means, they will send a confirmation of receipt without delay after receipt of this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but in any event within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay the repayment until they have received the product or until the consumer shows that they have returned the product, according to what time is earlier.
  3. The entrepreneur will use the same payment method for repayment that the consumer has used, unless the consumer agrees to another method. The repayment is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs of the more expensive method.

Article 10. Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or in a timely manner before the contract is entered into:

  1. Products or services whose price is linked to fluctuations on the financial market upon which the entrepreneur has no influence and that can arise within the withdrawal period;
  2. Contracts that are entered into during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service contracts, after full performance of the service, but only if:
    1. the performance was begun with the express prior consent of the consumer; and
    2. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully implemented the contract;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, transport of goods, vehicle hire services, and catering;
  6. Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the contract;
  7. Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
  8. Products that quickly perish or have a limited storage life;
  9. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and the seal of which is broken after delivery;
  10. Products that after delivery, by their nature, are irreversibly mixed with other products;
  11. Alcoholic drinks whose price is agreed on entering into the contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence;
  12. Sealed audio recordings, video recordings and computer software of which the seal is broken after delivery;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
  14. After delivery of digital content other than on a material carrier, but only if:
    1. the performance was begun with the express prior consent of the consumer; and
    2. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully implemented the contract.

Article 11. The price

  1. The prices of the products and/or services offered cannot be increased during the validity period stated in the offer, except for price changes as a result of changes in VAT rates.
  2. In divergence from the foregoing paragraph, the entrepreneur can offer products or services, whose prices are linked to fluctuations on the financial market upon which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
  3. Price increases within 3 months after the contract coming into being are only permitted if they are the result of regulations or statutory provisions.
  4. Price increases from 3 months after the contract having come into being are only permitted if the entrepreneur has stipulated this and:
    1. these are the result of regulations or statutory provisions; or
    2. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect;
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to misprints. The entrepreneur is not liable for misprints. By misprints, the entrepreneur is not obligated to deliver the product according to the incorrect price.

Article 12. Compliance with contract and additional guarantee

  1. The entrepreneur guarantees that the products and/or services are in compliance with the contract, the specifications stated in the offer, the reasonable standards of soundness and/or utility and the legal provisions and/or government prescriptions existing on the date the contract is entered into. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer will never limit the rights and claims provided by law that the consumer can assert against the entrepreneur under the provisions of the contract if the entrepreneur is remiss in the compliance with their part of the contract.
  3. An additional guarantee is defined as any commitment of the entrepreneur, their supplier, importer, or manufacturer in which particular rights or claims are granted to the consumer that go further than those to which the entrepreneur, their supplier, importer, or manufacturer are bound by law in the event that they are remiss in the compliance with their part of the contract.
  4. Any defects or wrong products delivered must be reported in writing to the entrepreneurs within 4 weeks after delivery. Return of the products must be made in the original packaging and new state.
  5. The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  6. The guarantee does not apply if:
    1. the delivered goods have been repaired and/or modified by third parties and/or the consumer;
    2. the delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
    3. the inferiorly in whole or in part is the result of rules that the Dutch Government has asked or will ask about the nature or quality of the materials used.

Article 13. Delivery and implementation

  1. The entrepreneur will observe the greatest possible care in the reception and implementation of orders for products and in the evaluation of requests for the provision of services.
  2. The address stated by the consumer to the entrepreneur is deemed the place of delivery.
  3. In compliance with that which is stated in this respect in article 4 of these terms and conditions, the entrepreneur will carry out accepted orders with appropriate rapidity, but in any event within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot be or can only be partially carried out, the consumer will be informed of this no later than 30 days after they had placed the order. In that case the consumer is entitled to terminate the contract free of charge, and possibly with compensation of damages incurred.
  4. All delivery times are indicative. Exceeding a term gives consumers no right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount, which the consumer has already paid as soon as possible but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles, the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer, unless otherwise expressly agreed. To the delivery obligation by the entrepreneur is met, once the order is offered to consumer once.

Article 14. Duration transactions: duration, cancellation and extension

Termination:

  1. The consumer can always terminate a contract that is entered into for an indefinite period and is for the purpose of the regular delivery of products (including electricity) or services in accordance with the termination rules agreed to and a period of notice of no more than one month.
  2. 2. The consumer can always terminate a contract that is entered into for a definite period and is for the purpose of the regular delivery of products (including electricity) or services at the end of the definite period with the observance of the termination regulations agreed for this purpose and a period of notice of a maximum of one month.
  3. The consumer can:
  • terminate the contracts stated in the foregoing paragraph at any time, and not be limited to termination at a particular time or in a particular period;
  • at the least terminate the contracts stated in the foregoing paragraph in the same manner as they were entered into;
  • always terminate the contracts stated in the foregoing paragraph with the same period of notice as the entrepreneur has stipulated for itself.

Extension:

  1. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. In divergence from the foregoing paragraph, a contract that is entered into for a set period and is for the purpose of the regular delivery of daily and weekly newspapers and periodicals can be extended for a set period of a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a period of notice of a maximum of one month.
  3. A contract that is entered into for a set period and is for the purpose of the regular delivery of products or services may only be automatically extended for a set period if the consumer can terminate the contract at any time with the observance of a period of notice of no more than three months in the event that the contract is for the purpose of the regular, but less than once per month, delivery of daily or weekly newspapers and periodicals.
  4. A contract for a limited period that is for the purpose of the regular delivery of daily or weekly newspapers and periodicals (trial or introductory subscription) will not be automatically continued, and ends automatically after the expiry of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than a year, the consumer can terminate the contract after a year at any time with a period of notice of a maximum of one month, unless the standards of reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15. Payment

  1. Insofar as not otherwise determined in the contract or supplementary conditions, the amounts the consumer is obliged to pay within 14 days of the commencement of the reflection period, or in the absence of a reflection period, within 14 days of the contract having been entered into. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received the confirmation of the contract.
  2. In the case of the sale of products to consumers, the consumer can never be obliged in the terms and conditions to prepayment of more than 50%. If prepayment is agreed upon, the consumer cannot assert any right whatsoever concerning the implementation of the order or service(s) in question before the stipulated prepayment has taken place.
  3. The consumer has the duty to immediately notify the entrepreneur of inaccuracies in the provided or notified payment details.
  4. If the consumer does not fulfil its payment obligation(s) in a timely manner, they are liable, after the late payment has been pointed out to them by the entrepreneur and the entrepreneur has granted the consumer a period of 14 days to fulfil their payment obligations, and in absence of payment within this 14-day period, to pay the statutory interest rate on the amount that is still payable, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs will amount to a maximum of: 15% of outstanding amounts up to € 2,500; 10% of the subsequent € 2,500 and 5% of the following € 5,000, with a minimum of € 40. The entrepreneur can diverge from the stated amounts and percentages to the benefit of the consumer.

Article 16. Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure, and will deal with the complaint in compliance with this complaints procedure.
  2. Complaints concerning the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has ascertained the defects.
  3. Complaints submitted to the entrepreneur will be replied to within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more extensive reply.
  4. The consumer must in any event grant the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is actionable under the complaints procedure.
  5. With complaints that cannot be solved in joint consultation, the consumer has the possibility to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), also known as ValuedShops (www.valuedshops.com). Stichting WebwinkelKeur will mediate for free. If there is no solution after the mediation, the consumer has the possibility to submit the complaint to Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The consumer and entrepreneur agree with this binding decision. The submission of a dispute to the arbitration are not for free. The consumer must pay the costs of the arbitration. Furthermore residents living in the EU can use the European Dispute resolution platform to submit a complaint in order to reach an out-of-court settlement. This platform is available on https://ec.europa.eu/odr, but we would advice to contact Stichting WebwinkelKeur first.
  6. A complain do not suspend the entrepreneur of his obligations, unless the entrepreneurs indicates in written otherwise.
  7. If the consumer complaint is well-founded, the entrepreneur has the possibility to replace or repair the delivered products for free.

Article 17. Disputes

  1. Dutch law shall apply exclusively to any dispute, agreements and orders, even if the consumer lives abroad.
  2. The Vienna Sales Convention shall not apply.

Article 18. Additional or deviating provisions

Additional provisions or provisions that diverge from these terms and conditions may not be to the detriment of the consumer and must be established in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Appendix I Model Withdrawal Form OLIVE LEGACY
PDF – 125,9 KB 348 downloads