Terms & Conditions
Article 1 - Definitions
For the purposes of these terms and conditions:
1. Entrepreneur: the legal entity that offers products and/or services at a distance to consumers;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
4. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur coming together in the same room at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the Consumer to waive the distance contract within the cooling-off period;
7. Duration transaction: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
8. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
- Fashion Juice B.V. trading under the name Muchachomalo*
- Address: Gooi island 46A, 1948RD, Beverwijk
- Return address: Gooiland 45, 1948RD, Beverwijk
- Telephone number: +31 251 220 051
- E-mail address: [email protected]
- Chamber of Commerce number: 34104589
- VAT identification number: NL8071.69.031.B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general 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 viewed at the entrepreneur and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period for maintaining the price;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer before the conclusion of the contract of unwanted acts can be informed, as well as the manner in which he can remedy this before the agreement is concluded;
- the languages, if any, in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader 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 agreement for continuous or periodic delivery of products or services.
Articel 5 - The Agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
a. the trader's information on which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
b. the information about existing after-sales service and guarantees;
c. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the agreement;
d. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the operator has undertaken to supply a range of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal on delivery of products
1. The consumer may terminate a distance contract or an off-premises contract without giving reasons until a period of fourteen days has elapsed after the day on which the consumer or a third party other than the carrier and indicated by the consumer has received the first item.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to that extent. to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs and obligations in case of revocation
1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within thirty days after the return or withdrawal.
3. During the cooling off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that consumers may only handle and inspect the product as they would in a shop.
4. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been brought about by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. the delivery of goods that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Article 9 - The price
1. During the period of validity stated 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.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices, will be 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 statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or - the consumer has the right to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Fulfilment of agreement and extra Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur in respect of a shortcoming in the performance of the obligations of the entrepreneur under the law and / or the remote agreement.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this no later than one month after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
2. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products or services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
Article 13 - Payment
1. Insofar not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract to provide a service, within 14 days after delivery of the product.
2. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs incurred 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 submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader 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.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
© MUCHACHOMALO 2007 - 2020