General terms and conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period : the period within which the consumer can make use of his
right of withdrawal;
Consumer : the natural person who is not acting in the exercise of a profession or
company and enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract relating to a series of products
and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium : any instrument that enables the consumer or entrepreneur to
to store information addressed personally to him in a way that will allow future
enables consultation and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to cancel within the cooling-off period
of the distance contract;
Entrepreneur : the natural or legal person who offers products and/or services remotely
offers consumers;
Distance contract : an agreement concluded between the consumer and the consumer within the framework of a distance contract concluded between the consumer and the consumer.
entrepreneur organized system for distance selling of products and/or services,
until the conclusion of the agreement, only one or more of the following is used:
more remote communication techniques;
Remote communication technology : means that can be used for closing
of an agreement, without the consumer and entrepreneur being in the same room at the same time
have come together.
General Terms and Conditions : these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Email address: info@molenhuismode.nl
Chamber of Commerce number: 93405618
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to
any distance contract and orders concluded between entrepreneur and
consumer.
Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably possible,
before the distance contract is concluded, it will be indicated that the general
The conditions can be viewed at the entrepreneur and they will be sent to the consumer as soon as possible at the consumer's request.
may be sent free of charge.
If the distance contract is concluded electronically, in deviation from the
previous paragraph and before the distance contract is concluded, the text of these general terms and conditions
conditions are made available to the consumer electronically on
in such a way that it can be easily used by the consumer
stored on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, the terms of the contract will be indicated
general terms and conditions can be consulted electronically and that they are
request of the consumer by electronic means or otherwise free of charge
will be sent.
In the event that, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs of the corresponding
application and the consumer can, in the event of conflicting general terms and conditions
always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or
are partially null and void or annulled, the agreement and these terms and conditions will remain in force
otherwise remain in force and the relevant provision will be amended without delay by mutual agreement
be replaced by a provision that the purport of the original is as much
possibly approached.
Situations not covered by these general terms and conditions must be assessed
'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our
conditions, shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions,
this is explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
to fit.
The offer contains a complete and accurate description of the products offered
and/or services. The description is detailed enough to allow a proper assessment of
It
to make the offer possible by the consumer. If the entrepreneur uses
images are a true representation of the products offered and/or
services. Obvious mistakes or obvious errors in the offer are binding on the entrepreneur
not.
All images, specifications and data in the offer are indicative and cannot be
give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered.
products. Entrepreneur cannot guarantee that the displayed colours match exactly
with the true colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and
obligations that are attached to the acceptance of the offer. This concerns in the
special:
the price, excluding customs clearance costs and import VAT. These additional costs will
are at the customer's expense and risk. The postal and/or courier service will, with regard to
use the special scheme for postal and courier services for the import. This
The scheme applies if the goods are imported into the EU country of destination, which in the
is also the case here. The postal and/or courier service collects the VAT (whether or not together
with the customs clearance costs charged) to the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this
are;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using
the technology for distance communication is calculated on a basis other than
the regular basic rate for the means of communication used;
or whether the agreement is archived after it has been concluded and, if so, how this is done
is available for consultation by the consumer;
the manner in which the consumer, before concluding the agreement,
can check the data provided under the agreement and, if necessary,
to restore;
any other languages in which, in addition to Dutch, the agreement may be concluded
Closed;
the codes of conduct to which the entrepreneur has submitted and the manner in which the
the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a
long-term transaction. Optional: available sizes, colours, type of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded on the
moment of acceptance by the consumer of the offer and compliance with the associated
conditions set.
If the consumer has accepted the offer electronically, the
entrepreneur immediately confirms receipt of acceptance of the
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,
the consumer to terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will make appropriate technical arrangements
and organizational measures to secure the electronic transfer of data and
he provides a secure web environment. If the consumer can pay electronically,
the entrepreneur must take appropriate safety measures.
The entrepreneur can – within legal frameworks – inquire whether the consumer
can meet its payment obligations, as well as all facts and factors that
are important for a responsible conclusion of the distance contract. If the
the entrepreneur has good reasons not to enter into the agreement based on this investigation
he is entitled to refuse an order or request with reasons or to comply with the
to attach special conditions to the implementation.
The entrepreneur will provide the consumer with the following information with the product or service:
in writing or in such a way that it can be accessed by the consumer in an accessible manner
are stored on a durable data carrier, please send:
- the visiting address of the establishment of the entrepreneur where the consumer
complaints can be lodged;
- the conditions under which and the manner in which the consumer benefits from the
right of withdrawal, or a clear statement regarding the
are excluded from the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the data included in Article 4 paragraph 3 of these terms and conditions, unless the
the entrepreneur has already provided this information to the consumer before the
performance of the agreement;
- the requirements for terminating the agreement if the agreement is a
has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the
first delivery.
Each agreement is entered into subject to the suspensive conditions of sufficient
availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without
to cancel within 14 days after giving reasons. This cooling-off period commences on the day
after receipt of the product by the consumer or prior notice by the consumer
designated representative made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent that
necessary to assess whether he wishes to keep the product. If he wishes to keep the product
If the consumer exercises his right of withdrawal, he will return the product with all accessories supplied 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.
If the consumer wishes to exercise his right of withdrawal, he is obliged to do so
within 14 days after receipt of the product, to be made known to the entrepreneur. The
The consumer must make this known by means of a written message/email. After the
consumer has indicated that he wishes to exercise his right of withdrawal, the
customer to return the product within 14 days. The consumer must prove that the
delivered goods have been returned on time, for example by means of proof of
dispatch.
If the customer has not made this known after the expiry of the periods mentioned in paragraphs 2 and 3,
wish to exercise his right of withdrawal or not to return the product to the
If the entrepreneur has returned the item, the purchase is a fact.
Article 7 – Costs in case of revocation
If the consumer exercises his right of withdrawal, the costs are for
the return of the products at the consumer's expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible
possible, but no later than 14 days after cancellation, refund. In this case, the
condition that the product has already been received back by the online retailer or conclusive proof
of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products
as described in paragraphs 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 the conclusion of the contract
agreement, has stated.
Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with specifications of
the consumer;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or become outdated quickly;
- the price of which is subject to fluctuations in the financial market on which
the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has
seal has been broken.
- for hygiene products where the consumer has broken the seal
broken.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities
on a specific date or during a specific period;
- the delivery of which is with the express consent of the consumer
started before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products offered will be
products and/or services will not be increased, except for price changes resulting from
changes in VAT rates.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices
are subject to fluctuations in the financial market and where the entrepreneur has no
influence, with variable prices to offer. This bond to fluctuations and
The fact that any prices stated are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect
from the day on which the price increase takes effect.
The place of delivery is determined on the basis of Article 5, paragraph 1, of the Turnover Tax Act 1968
place in the country where the transport commences. In the present case, this delivery takes place
outside the EU. Following this, the postal or courier service will import the goods to the customer
VAT or customs clearance costs will be collected. Therefore, the entrepreneur will not have to pay VAT
be charged.
All prices are subject to printing and typing errors. For the consequences of printing and typing errors.
No liability is accepted for typographical errors. The entrepreneur is not liable for printing or typographical errors.
not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, meet the reasonable requirements of
soundness and/or usability and the date of the creation of the
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for other
than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the
legal rights and claims that the consumer has under the agreement against
the entrepreneur can assert.
Any defects or incorrectly delivered products must be reported within 14 days of delivery.
must be reported to the entrepreneur in writing. Return of the products must be
are in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period.
However, the entrepreneur is never responsible for the final suitability of the
products for each individual application by the consumer, nor for any advice
with regard to the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties
has had it repaired and/or edited;
The delivered products have been exposed to abnormal conditions or otherwise
are treated carelessly or contrary to the instructions of the
entrepreneur and/or on the packaging;
The defect is wholly or partly the result of regulations imposed by the government
has stated or will state with regard to the nature or quality of the applied
materials.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when
receiving and executing orders for products.
The place of delivery is the address that the consumer provides to the company.
has made.
Taking into account what is stated in this regard in Article 4 of these general terms and conditions,
stated, the company will process accepted orders promptly, but no later than
30 days to execute, unless consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order is not or only
can be partially executed, the consumer will receive this no later than 30 days after
he has placed the order. In that case, the consumer has the right to
to terminate the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the
consumer has paid as soon as possible, but no later than 14 days after
dissolution, repayment.
If delivery of an ordered product proves impossible, the entrepreneur will
make every effort to provide a replacement item. This will be done at the time of delivery at the latest.
be notified in a clear and comprehensible manner that a replacement item will be delivered.
The right of withdrawal cannot be excluded for replacement items. The costs of
Any return shipment will be at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until
the moment of delivery to the consumer or a pre-designated and
entrepreneur's announced representative, unless expressly stated otherwise
agreed.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
The consumer may enter into an agreement for an indefinite period of time and which extends to
the regular delivery of products (including electricity) or services, at all times
cancel at any time, taking into account the agreed cancellation rules and a
notice period of no more than one month.
The consumer may enter into an agreement for a definite period of time which extends to the
regular delivery of products (including electricity) or services, at any time
terminate at the end of the specified period, taking into account the
agreed termination rules and a notice period of no more than one month.
The consumer may terminate 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
certain period;
at least cancel in the same manner as they were entered into by him; always cancel with
the same notice period as the entrepreneur has stipulated for himself. Extension
An agreement entered into for a fixed period of time and intended for regular delivery
of products (including electricity) or services, may not be tacitly
extended or renewed for a specified period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period may
and which aims to regularly deliver daily newspapers, weekly newspapers and magazines
be tacitly extended for a fixed period of up to three months, if the
consumer can cancel this extended agreement at the end of the extension
with a notice period of no more than one month.
An agreement entered into for a fixed period of time and intended for regular delivery
of products or services, may only be extended tacitly for an indefinite period
if the consumer may cancel at any time with a notice period of no more than one
month and a notice period of no more than three months in the event that the agreement extends
to the regular, but less than monthly, delivery of daily, news and
weeklies and magazines.
A limited-term agreement for the regular delivery of introductory material
daily, news and weekly newspapers and magazines (trial or introductory subscription)
not tacitly continued and ends automatically after the trial or
introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may, after a
terminate the agreement at any time with a notice period of no more than one month
terminate, unless reasonableness and fairness oppose termination before the end of the
postpone the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer
amounts to be paid within 7 working days after the start of the cooling-off period if
referred to in Article 6 paragraph 1. In the case of an agreement to provide a service,
this period commences after the consumer has received confirmation of the agreement
has received.
The consumer has the duty to report any inaccuracies in payment details provided or stated
to report this to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to statutory
restrictions, the right to charge reasonable costs made known to the consumer in advance
to charge.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted in full and within 7 days.
must be clearly described and submitted to the entrepreneur after the consumer has discovered the defects
has noted.
Complaints submitted to the entrepreneur will be processed within a period of 14 days
answered from the date of receipt. If a complaint has a foreseeable longer
processing time, will be fulfilled by the entrepreneur within 14 days
responded with a confirmation of receipt and an indication of when the consumer will receive a more
can expect a detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises
that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the
entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will
its choice to replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms apply
conditions, only Dutch law applies. Even if
the consumer resides abroad.
