Villkor
Article 1 - Definitions For the purposes of these terms and conditions, the following definitions apply:
- Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
- Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
- Day: calendar day;
- Duration transaction: a distance contract related to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable data carrier: any means enabling the Consumer or the Entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of cancellation: the possibility for the consumer to cancel the distance selling agreement within the cancellation period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers via distance selling;
- Distance selling agreement: an agreement in which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques of distance communication are exclusively used;
- Technique of remote communication: means that can be used to conclude an agreement without the Consumer and the Entrepreneur meeting in the same room at the same time;
General terms and conditions: the entrepreneur's current general terms and conditions.
Article 2 - Identity of the Entrepreneur
Meave Sverig
Mdropcommerce
kvk: 92289002
Utrecht, The Netherlands
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible on request. If the distance selling agreement is concluded electronically, notwithstanding the previous paragraph and before the distance selling agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him. If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or cancelled, the agreement and these General Terms and Conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that corresponds as closely as possible to the content of the original provision. Situations not regulated in these General Terms and Conditions shall be considered "in the spirit" of these General Terms and Conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The offer
The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly correspond to the real colours of the products. Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:
● The price including taxes;
Any shipping costs;
● How the agreement is to be concluded and what actions are necessary for this;
Whether or not the right of cancellation applies;
The method of payment, delivery and fulfilment of the agreement;
The period for accepting the offer, or the period during which the trader guarantees the price;
The amount of the price for distance communication if the costs of using the means of distance communication are calculated on a different basis than the usual basic price for the means of communication used;
Whether the contract is to be archived after it has been concluded and, if so, how the consumer can access it;
How the consumer, prior to the conclusion of the agreement, can check and possibly correct the information provided in connection with the agreement;
The languages in which the agreement can be concluded in addition to Dutch;
The code of conduct to which the trader is subject and how the consumer can consult this code electronically;
The minimum duration of the distance selling agreement in case of an extended transaction. Optional: available sizes, colours, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may cancel the agreement.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfil his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance selling agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, while justifying this.
The entrepreneur shall send the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier: a. The visiting address of the Entrepreneur's office where the Consumer can get in touch for any complaints; b. The conditions and manner in which the Consumer can exercise the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal; c. Information about guarantees and existing services after the agreement has been concluded. Information about guarantees and existing after-sales services; d. The information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided the consumer with this information prior to the conclusion of the contract; e. The conditions for cancelling the contract if the contract has a duration of more than one year or is indefinite. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Any agreement is concluded under the condition of sufficient availability of the products in question.
Article 6 - Right of cancellation
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts the day after the product has been received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
If the consumer wishes to make use of the right of cancellation, he is obliged to notify the trader of this within 14 days of receiving the product. The consumer should give notice of this in the form of a written message/email. After the consumer has given notice that he/she wishes to exercise the right of cancellation, he/she must return the goods within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of despatch.
If the customer has not expressed his/her wish to use the right of cancellation or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs of the right of withdrawal
If the consumer exercises his right of cancellation, the costs of returning the products shall be borne by the consumer. If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days after the right of withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of a complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for certain products and services, provided that he clearly states this in the offer and this occurs before the conclusion of the contract. Exclusion of the right of cancellation is only possible for products and services that:
a. Are customised according to the consumer's specifications; b. Are personalised and cannot be returned; c. Can spoil or age quickly; d. Are subject to fluctuations in the financial market that are beyond the entrepreneur's control; e. Are loose newspapers, magazines or products with a seal that the consumer has broken; f. Are hygienic products on which the consumer has broken the seal; g. Are services that have already started with the consumer's express consent before the cancellation period has expired; h. Applies to accommodation, transport, restaurant or leisure activities and is delivered on a specific date or at a specific time.
Article 9 - Price
During the validity period indicated in the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are a result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has so stipulated and:
a. They are the result of statutory regulations or provisions; b. The consumer is authorised to cancel the contract from the day on which the price increase takes effect.
Article 10 - Compliance and guarantee
The trader guarantees that the products and/or services comply with the agreement and the specifications stated in the offer. The products and/or services also fulfil reasonable requirements for reliability and user-friendliness, as well as the statutory provisions and government regulations applicable at the time of the conclusion of the agreement.
If specific agreements have been made regarding the use of the Product for purposes other than normal use, the Entrepreneur also warrants that the Product is suitable for these other purposes. Any warranties given by the Entrepreneur, manufacturer or importer do not detract from the legal rights and claims that the Consumer can enforce against the Entrepreneur on the basis of the Agreement.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, it is important to note that the Entrepreneur is not responsible for the final suitability of the Products for each individual application by the Consumer, nor for advice on the use or application of the Products.
The warranty does not apply in the following cases:
● If the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
If the delivered products are subjected to abnormal conditions or otherwise handled carelessly, or contrary to the instructions provided by the contractor and/or on the packaging;
If the defect is wholly or partly due to regulations that have been or will be imposed by the authorities with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur shall exercise the greatest possible care when receiving and executing product orders. The place of delivery is the address that the consumer has made known to the company.
Accepted orders will be executed promptly, but within 30 days at the latest, unless a longer delivery period has been agreed and the consumer has accepted this.
If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the agreement without costs and claim compensation. In the event of dissolution, the entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will make an effort to deliver a replacement article if available. If a replacement item is not available, the entrepreneur will refund the purchase price to the customer. With replacement items, the right of cancellation cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise agreed.
Article 12 - Duration transactions: duration, cancellation and renewal
Termination:
An open-ended contract involving the regular supply of products (including electricity) or services may be cancelled by the consumer at any time in accordance with the agreed cancellation rules and with a notice period not exceeding one month.
A fixed-term contract involving the regular supply of products (including electricity) or services may be cancelled at any time towards the end of the fixed-term period in accordance with the agreed cancellation rules and with a notice period not exceeding one month.
The Consumer may terminate the aforementioned agreements at any time, and is not limited to termination at a specific time or for a specific period.
The cancellation can take place in the same way as the agreement was entered into.
The cancellation period for the consumer is equal to the cancellation period that the entrepreneur has set for himself.
Renewal:
● A fixed-term contract for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate the extended contract at the end of the extension period with a notice period not exceeding one month.
A fixed-term contract for the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months if the contract provides for the regular supply of goods or services but less than once a month.
Article 13 - Payment
Unless otherwise agreed, the amounts due shall be paid by the consumer within 7 working days after the start of the reflection period, as referred to in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in the payment details provided or mentioned to the entrepreneur.
If the Consumer defaults on payment, the Entrepreneur retains the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the shortcomings, fully and clearly described.
The entrepreneur will respond to the complaint submitted to him within a period of 14 days after receipt of the complaint.
If the complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing.
If the complaint is found to be well-founded by the entrepreneur, the entrepreneur has the option, at his own discretion, to replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.