General terms and conditions mooimatten.nl
General terms and conditions based on model terms and conditions of Stichting WebwinkelKeur.
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read everything
about reflection time.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and a
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services,
of which the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information
personally addressed to him, to store it in a way that allows future consultation and unaltered reproduction
of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the purchase within the cooling-off period
distance agreement;
7. Model form: the model form for withdrawal that the entrepreneur makes available
consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who provides products and/or services to consumers at a distance
offers;
9. Distance contract: an agreement in the context of which the entrepreneur
organized system for distance selling of products and/or services, up to and including the conclusion of the contract
agreement only one or more techniques for distance communication are used;
10. Technique of distance communication: means that can be used to close a
agreement, without the consumer and entrepreneur having come together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
mooimatten.nl
wolfhoeksestraat 3a
6662 PH Elst
The Netherlands
T
Chamber of Commerce 09110752
VAT number NL001695452B75
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every establishment
concluded distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be read to the
made available to consumers. If this is not reasonably possible, the distance contract will be concluded before
is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and upon request
of the consumer will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before
the distance contract is concluded, the text of these general terms and conditions electronically
are made available to the consumer in such a way that they can be used by the consumer in a
can be easily stored on a durable data carrier. If not reasonably
is possible, before the distance contract is concluded, it will be indicated where of the general
conditions can be read electronically and that they are available at the request of the consumer
electronically or otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions of
apply, the second and third paragraphs apply mutatis mutandis and the consumer can apply in case
of conflicting general terms and conditions always rely on the applicable provision that is most relevant to him
is favorable.
5. If one or more provisions of these general terms and conditions at any time in whole or in part
are null and void or are destroyed, the agreement and these terms and conditions will otherwise remain in effect and will
the relevant provision will be replaced without delay by mutual agreement by a provision that has the purport of
approached the original as much as possible.
6. Situations not regulated in these terms and conditions must be assessed 'in spirit'
of these terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions
to be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to allow a proper assessment of the offer by the consumer
to make. If the entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or errors in the offer are binding on the
entrepreneur not.
4. All images, specifications and data in the offer are indicative and cannot give rise to
compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur
cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are,
associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur accepts the price
guarantees;
the amount of the rate for distance communication if the costs of using the technology are for
distance communication are charged on a different basis than the regular basic rate for the
means of communication used;
whether the agreement will be archived after the conclusion, and if so, on what basis this can be done for the consumer
consult is;
the way in which the consumer, before concluding the agreement, has paid him in the context of the
can check the data provided in the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer applies them
can consult codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance
by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will confirm immediately
by electronic means the receipt of the acceptance of the offer. As long as the agreement of this
acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and he ensures a
secure web environment. If the consumer can pay electronically, the entrepreneur will provide appropriate
observe safety precautions.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer is up to the mark
payment obligations, as well as all those facts and factors that are important to a
responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur
has reasons not to enter into the agreement, he is entitled to submit an order or request with reasons
to refuse or to attach special conditions to the implementation.
5. The entrepreneur will provide the following information with the product or service to the consumer, in writing or on
in such a way that it can be stored in an accessible manner by the consumer on a
durable data carrier, enclose:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur already has this information
the consumer has provided before the performance of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one
years or indefinitely.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensory conditions of sufficient availability
of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option of canceling the agreement without specifying
reasons to dissolve during 14 days. This cooling-off period starts on the day after receipt of the product
by the consumer or a pre-designated by the consumer and made known to the entrepreneur
representative.
2. During the cooling-off period, the consumer will treat the product and the packaging with care. He will
unpack or use the product only to the extent necessary to assess whether he has used it
wish to keep the product. If he makes use of his right of withdrawal, he will return the product with all
supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days,
to make known to the entrepreneur after receipt of the product. It should be made known by the consumer
by means of the model form or by means of another means of communication such as by e-mail. After the
consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product
to be returned within 14 days. The consumer must prove that the delivered goods are on time
returned, for example by means of proof of postage.
4. If the customer has not made it known that he wishes to use it after the periods referred to in paragraphs 2 and 3 have expired
exercising his right of withdrawal or has not returned the product to the entrepreneur, the purchase is one
fact.
When providing services:
1. When services are provided, the consumer has the option of canceling the contract without giving reasons
dissolve for at least 14 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will refer to the information provided by the entrepreneur
the offer and/or reasonable and clear instructions provided in this respect at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be at most
on his behalf.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but
at the latest within 14 days after cancellation. This is subject to the condition that the product has already been returned
has been received by the web retailer or conclusive proof of complete return can be submitted.
Reimbursement will be made via the same payment method used by the consumer unless the consumer
expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is responsible
liable for any depreciation of the product.
4. The consumer cannot be held liable for any reduction in the value of the product when it is used
the entrepreneur has not been provided with all legally required information about the right of withdrawal, this should be done
take place before the conclusion of the purchase agreement.
Article 8 - Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2
and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer,
at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence
has;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or
during a certain period;
the delivery of which has started with the explicit consent of the consumer before the cooling-off period
expired;
regarding betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the offered products and/or
services not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are linked to
fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
to offer. This dependence on fluctuations and the fact that any prices quoted are target prices,
are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the
price increase.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. For the consequences of printing and typesetting errors
no liability accepted. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the
wrong price.
Article 10 - Conformity and guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the on the date
existing legal provisions and/or government regulations of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than
normal usage.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and
claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months after delivery
to be reported in writing. Return of the products must be made in the original packaging and in
in mint condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is
can never be held 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.
5. The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has it done by third parties
repair and/or edit;
the delivered products have been exposed to abnormal conditions or otherwise become careless
have been treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has made or will make
with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
1. The entrepreneur will take the greatest possible care when receiving and at the
execution of orders for products and in the assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will accept accepted
execute orders expeditiously but at the latest within 30 days, unless the consumer has agreed
with a longer delivery time. If the delivery is delayed, or if an order is not or not
can only be partially executed, the consumer will be informed of this no later than 30 days after he has received the
placed order message. In that case, the consumer has the right to terminate the agreement without costs
to dissolve. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer has no rights to any stated terms
borrow. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount to the consumer
paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to arrange a
replacement item available. At the latest at the time of delivery will be in a clear and understandable manner
notified that a replacement item will be delivered. The right of withdrawal is not possible for replacement items
are excluded. The costs of a possible return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a predetermined and made known to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and renewal
Cancellation
1. The consumer can conclude an agreement that has been entered into for an indefinite period and that extends to the arranged
delivery of products (including electricity) or services, terminate at any time with due observance
of the agreed termination rules and a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and that extends to the arranged
delivery of products (including electricity) or services, at all times by the end of the
terminate for a specified period with due observance of the agreed termination rules and a notice period
of at most one month.
3. The consumer can use the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific time
period of time;
at least cancel in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
certain duration.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the
regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for one
fixed term of a maximum of three months, if the consumer has this extended contract by the end of
can cancel the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products
or services, may only be tacitly renewed indefinitely if the consumer is allowed at any time
terminate with a notice period of no more than one month and a notice period of no more than three months
in case the agreement extends to the regular, but less than once a month, delivery of daily,
news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and
weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year
at all times with a notice period of no more than one month, unless reasonableness and fairness dictate
object to cancellation before the end of the agreed term.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of a
agreement to provide a service, this term commences after the consumer has received confirmation of the
agreement has been received.
2. The consumer is obliged to immediately notify the consumer of any inaccuracies in payment details provided or stated
entrepreneur to report.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions
to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described within 2 months
be submitted to the entrepreneur after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur are counted within a period of 14 days from the date of
receipt answered. If a complaint requires a foreseeable longer processing time, the
entrepreneur within the period of 14 days with an acknowledgment of receipt and an indication of when
the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the
dispute settlement.
5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to
register complaints via the European ODR platform (http://ec.europa.eu/odr). Online store is currently not
affiliated with a quality mark with a disputes committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing
indicates.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option or the
replace or repair delivered products free of charge.
Article 15 - Disputes
1. To agreements between the entrepreneur and the consumer to which these general terms and conditions apply
only Dutch law applies. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
are consumers and must be recorded in writing or in such a way that they can be used by the consumer
can be stored in an accessible manner on a durable data carrier.