Terms and Conditions

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 – Compliance and Warranty

Article 11 – Delivery and Performance

Article 12 – Duration Transactions: Term, Termination and Renewal

Article 13 – Payment

Article 14 – Complaint Procedure

Article 15 – Disputes

Article 16 – Additional or different provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

 

• Reflection period: the period within which the consumer can exercise his right of withdrawal;
• Consumer:
• Day: calendar day;
• Extended duration agreement: an agreement for the regular delivery of products during a specific period;
• Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
• Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, up to and including the conclusion of the agreement exclusive or joint use of one or more techniques for distance communication;
• Technique for distance communication means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

 

 

 

Article 2 – Identity of the entrepreneur

 

Name:                                                           MADOUIR

Business address:                                      Argonweg 32, 1362 AB Almere, The Netherlands

E-mail:                                                          info@madouir.com

Chamber of Commerce number:         65062582

VAT number:                                              NL8559.65.769.B01

 

Article 3 – Applicability

 

• These general terms and conditions apply to every offer of MADOUIR and to every distance agreement and order concluded between MADOUIR and consumer.
• 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, before the distance agreement is concluded, MADOUIR will be indicated that the general terms and conditions are available for inspection at MADOUIR, and they will be sent free of charge as soon as possible at the request of the consumer.
• If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
• If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general conditions, the consumer can 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 partially void or annulled, the contract and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
• Situations not provided for in these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
• Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must 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 will be expressly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
• All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
• Images of products are a true representation of the products offered. MADOUIR cannot guarantee that the displayed colors exactly match the real colors of the products.
• 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 shipment;
• the way in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the contract is archived after its conclusion, and if so in what way it can be consulted by the consumer;
• the manner in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
• any languages other than Dutch in which 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 case of an extended transaction.

 

Article 5 – The agreement

 

• The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
• If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
• MADOUIR may – within legal frameworks – inform itself 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, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
• MADOUIR will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

• the e-mail address of the entrepreneur where the consumer can go with complaints;
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales service;
• the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of withdrawal

 

Upon delivery of products:

 

• When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 61 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
• 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 wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If you do not handle the product carefully and product is damaged as a result, you are liable for the depreciation of the product.
• If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 61 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
• If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

 

 

 

 

 

In case of delivery of services:

 

• In the delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
• To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.

 

Article 7 – Costs in case of withdrawal

 

• If the consumer uses his right of withdrawal, at most the costs of return shipment will be for his account.
• If the consumer has paid an amount, MADOUIR will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is the condition that the product is already received back by the merchant or conclusive evidence of complete return can be presented. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
• If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
• The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

 

Article 8 – Exclusion of right of withdrawal

 

• MADOUIR can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products

• that have been created by the entrepreneur according to specifications of the consumer;
• that are clearly personal in nature;
• which by their nature can not be returned;
• which spoil or age quickly;
• whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
• for hygiene products of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services
• concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
• of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
• concerning betting and lotteries.

 

Article 9 – The price

 

• 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.
• Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
• Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

• they are the result of legal regulations or provisions; or
• the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.
  • 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 according to the incorrect price.

 

Article 10 – Conformity and Guarantee

 

• MADOUIR guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. 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 under the agreement against the entrepreneur can assert.
• Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Return of the products should be in the original packaging and in new condition.
• The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never 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.
• The guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

 

Article 11 – Delivery and Implementation

 

• The company will take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer has made known to the company.
• Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to any compensation.
• All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
• In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
• If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
• The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and disclosed to the entrepreneur representative, unless otherwise expressly agreed.

 

Article 12 – Duration transactions: duration, termination and renewal

 

Termination

 

• The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
• The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period of up to one month.
• The consumer may terminate the agreements mentioned in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or in a specific period;
• terminate at least in the same way as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

 

Extension

 

• A contract entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
• A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
• A contract with a limited duration for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

 

Duration

 

• If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 – Payment

 

• Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
• The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
• In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

 

Article 14 – Complaints procedure

 

• The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaint’s procedure.
• Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
• 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
• If the complaint cannot be resolved by mutual agreement a dispute arises which is subject to the dispute settlement procedure.
• Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
• 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, at his discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

 

• On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
• The Vienna Sales Convention is not applicable.

 

Article 16 – Additional or different provisions

 

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.