Terms & Conditions
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Seller or a third party on the basis of an arrangement between this third party and the Seller;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Seller: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Seller and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Seler being together in the same place at the same time.
ARTICLE 2 – SELLER’S IDENTITY
MOOZ wonen BV h.o.d.n A Day with Kate
A: Hartenlustlaan 20, 2061 HB Bloemendaal
E: via contact page
COC number: 34180070
ARTICLE 3 – APPLICABILITY
- These General Terms and Conditions apply to any offer from the Seller and to any distance contract concluded by the Seller and the Consumer.
- Before concluding a distance contract, the Seller shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Seller shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
ARTICLE 4 – OFFER
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Seller makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Seller.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
ARTICLE 5 – CONTRACT
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Seller shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Seller will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Seller shall observe appropriate security measures.
- The Seller may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Seller has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Seller shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- a. the visiting address of the Seller´s business establishment where the Consumer may get into contact with any complaints;
- b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- c. the information corresponding to existing after-sales services and guarantees;
- d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- e. the standard form for withdrawal if the Consumer has the right of withdrawal.
ARTICLE 6 – RIGHT OF WITHDRAWAL
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Seller may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Seller may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
ARTICLE 7 – CONSUMER’S OBLIGATIONS DURING THE TIME OF REFELECTION
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if the Seller has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
ARTICLE 8 – EXERCISING THE CONSUMER’S RIGHT OF WITHDRAWAL AND THE COSTS
- If the Consumer exercises his right of withdrawal he shall notify the Seller unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product or deliver it to (the authorized representative of) the Seller as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
- The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packaging and in conformity with reasonable and clear instructions given by the Seller.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If the Seller has not reported that the Consumer has to bear these costs or if the Seller pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
- If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
ARTICLE 9 – SELLER’S OBLIGATIONS IN CASE OF WITHDRAWAL
- If the Seller makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- The Seller shall reimburse payments made by the Consumer except costs made for the return, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Seller offers to collect the product himself, he can wait with paying back until having received the product. The Seller shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Seller need not reimburse the additional costs for the more expensive method.
ARTICLE 10 - PRICE
- All prices indicated in the provision of products or services are including VAT and are exclusive of shipping costs.
The Seller will be entitled to adjust the prices indicated on the website from time to time without any notice being required. The prices indicated at the time at wich the order is placed will be deemed to be th eprices that form part of the Agreement.
ARTICLE 11 – DELIVERY AND EXECUTION
- The Seller shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Seller.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Seller shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
- After repudiation in conformity with the preceding paragraph, the Seller shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Seller until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
ARTICLE 12 – PAYMENT
- The Consumer has the duty to inform the Seller promptly of possible inaccuracies in the payment details that were given or specified.
- Payment may be made using the methods indicated on the website and must be made before the product has been delivered. In the event that the Consumer exceeds the term for payment he/she will be in default by operation of law and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
ARTICLE 13 - COMPLAINTS
- Complaints about the execution of the agreement must be submitted fully and clearly described to the Seller within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the Seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The Consumer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, colour, finishing, etc. of the products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint.
ARTICLE 14 - DISPUTES
- Only Dutch law applies to agreements between the Seller and the Consumer to which these general terms and conditions apply. Even if the Consumer lives abroad.
- The Vienna Sales Convention does not apply.