The terms are registered with the Chamber of Commerce under the Chamber of Commerce number 69139652

General Terms and Conditions for Consumers - Mood Company B.V. in accordance with the model of 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 of the right of withdrawal

Article   9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following is understood:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;

7. Model form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill out when they want to exercise their right of withdrawal. 

8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

9. Distance contract: a contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, the agreement is concluded exclusively using one or more techniques for remote communication;

10. Technology for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same space at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Mood Company B.V.

Malachietdreef 49, 7828 CM Emmen

Brinkenhalte 20, 7812 HX Emmen

Phone number: [and time(s) when the entrepreneur can be reached by phone]

Email address: edwin@moodcompany.nl ; miriam@moodcompany.nl

Chamber of Commerce number: 69169652

VAT identification number: NL857751785B01

 

Article 3 - Applicability 

1.These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.

2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, 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 before the distance agreement is concluded.If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way.

4. In the event that specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

5.If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, the agreement and these terms will remain in effect for the rest, and the relevant provision will be promptly replaced by a provision that closely resembles the intent of the original in mutual consultation.

6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding.The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. 

6.Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:

o the price including taxes;

o any shipping costs;

o the way the agreement will be concluded and what actions are necessary for that;

o whether or not the right of withdrawal applies;

o the method of payment, delivery, and execution of the agreement;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication method;

o whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;

o the way the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;

o any other languages in which the agreement can be concluded, in addition to Dutch;

o the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance agreement in the case of a long-term transaction.

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.

4. The entrepreneur can, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

5. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can go for complaints;

b.the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products. 

 

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

Note!: An exception to this is personalized products. For example: if you want to have a glass, serving board, or gift packaging engraved, you cannot cancel and/or return this order.  

2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep it. If he exercises his right of withdrawal, he will return the product with all supplied 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.

3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product,  using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment. 

4. If the customer has not indicated their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact. 

In case of service delivery:

5. In the case of service delivery, the consumer has the option to cancel the agreement without giving any reason for at least 14 days, starting from the day the agreement is made.

6. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 

Article 7 - Costs in case of withdrawal 

1. If the consumer exercises their right of withdrawal, they will only be responsible for the maximum return shipping costs.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is on the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

If the product is damaged or the packaging is more damaged than necessary to try the product, we may pass this depreciation of the product on to you. So please handle the product with care and make sure it is well packaged for a return.

 

Article 8 - Exclusion of the right of withdrawal

1. 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 has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products: 

a. that have been created by the entrepreneur according to the specifications of the consumer;

b. that are clearly personal in nature;

c. that by their nature cannot be returned;

d. that can spoil or age quickly;

e.which price is tied to fluctuations in the financial market that the entrepreneur has no influence over;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software that the consumer has unsealed.

h. for hygiene products that the consumer has unsealed.

3. Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

b. whose delivery has started with the express consent of the consumer before the reflection period has expired;

c. concerning bets and lotteries.

 

Article 9 - The price

1.During the validity period mentioned 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. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. 

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: 

a.these may be the result of legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

 

Article 10 - Conformity and Warranty

1.The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Returns of the products must be made in the original packaging and in new condition.

4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

o The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

o The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated according to the packaging;

o The defect is wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used. 

 

Article 11 - Delivery and execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has communicated to the company.

3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. The consumer has the right to cancel the agreement at no cost in that case. The consumer is not entitled to any compensation. 

4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.

5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination, and extension

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity)  or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2.The consumer can terminate an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity)  or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

3. The consumer can terminate the agreements mentioned in the previous sections:

o at any time and not be limited to termination at a specific time or within a certain period;

o at least terminate in the same way as they were entered into;

o always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

4.An agreement that is entered into for a fixed  period and that aims to regularly deliver products (including electricity) or services may not be silently extended or renewed for a specific duration.

5. Notwithstanding the previous paragraph, an agreement that is entered into for a fixed  period  and that aims to regularly deliver daily, news, and weekly newspapers and magazines may be silently extended for a maximum duration of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

6.An agreement that is entered into for a fixed term and that aims to regularly deliver products or services may only be extended tacitly for an indefinite period if the consumer can 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 case that the agreement aims to regularly, but less than once a month, deliver daily, news, and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription)  will not be continued tacitly and will automatically end after the trial or introductory period.

Duration

8.If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

2. The consumer is obliged to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.

3.In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that were communicated 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 regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution scheme.

5. In case of complaints, a consumer should first contact the entrepreneur. For complaints that cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur; the ruling is binding, and both the entrepreneur and the consumer agree to this binding ruling.Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides 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 consumer 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.