Table of Contents:         

Article 1 - Definitions

Article 2 - Applicability

Article 3 - Agreement

Article 4 - Prices

Article 5 - Right of Withdrawal

Article 6 - Costs in case of withdrawal

Article 7 - Exclusion of the right of withdrawal

Article 8 - Delivery Time 

Article 9 - Delivery and transfer of risk

Article 10 - Delivery

Article 11 - Warranties and complaints

Article 12 - Limitation of liability

Article 13 - Force Majeure

Article 14 - Intellectual Property

Article 15 - Applicable law and competent court

 

Article 1 Definitions

In these general terms and conditions, the following terms are used with the meanings specified below, unless expressly stated otherwise:

• Seller: Mooiys B.V. and its domain and/or trade names used by Mooiys B.V. in Elst (CoC no. 84535466), doing business at (6662 WD) Marithaime 8, which is referred to as the seller in these general terms and conditions.
• Buyer: The counterparty of the seller is referred to as the buyer in these general terms and conditions (or consumer, if it concerns a natural person not acting in the exercise of a profession or business).
• Parties: Parties are the seller and buyer together.
• Agreement: The agreement refers to the purchase agreement between the parties. 

Article 2 Applicability

1. These general terms and conditions apply to every offer from Mooiys B.V. and every distance contract concluded between Mooiys B.V. and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
3. If the distance contract is concluded electronically, then, 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.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

 

Article 3 Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein. Article 6:232 of the Dutch Civil Code states: “a contracting party is bound by the general terms and conditions even if, at the time of concluding the agreement, the user understood or should have understood that they were unaware of its content.” 

1. If the consumer has accepted the offer electronically, Mooiys B.V. will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Mooiys B.V., the consumer can dissolve the agreement.

 

1. If the agreement is concluded electronically, Mooiys B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Mooiys B.V. will take appropriate security measures for this purpose.

 

1. Mooiys B.V. may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Mooiys B.V. has good reasons not to enter into the agreement, it is entitled to refuse an order or application with justification, or to attach special conditions to its execution.

 

Article 4 Prices

1. The prices of the offered products will not be increased, except for price changes due to legal alterations. Transactions concluded with Mooiys B.V. will always be carried out under the agreed conditions.
2. All previous prices automatically expire at the time of change, and no rights can be derived from them. Price increases within three months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
3. All prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. All prices on the site are in Euros and include 21% VAT. Offers are non-binding, unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, Mooiys B.V. reserves the right to revoke or deviate from the offer within three working days of receiving that acceptance.
4. Oral commitments only bind Mooiys B.V. after they have been expressly confirmed in writing. Offers from Mooiys B.V. do not automatically apply to reorders. Mooiys B.V. cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

 

Article 5 Right of Withdrawal

1. In the case of a consumer purchase agreement in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the agreement without stating reasons for a period of 14 working days. This cooling-off period commences on the day after the consumer receives the product. If, after this period, the consumer has not returned the delivered goods to the seller, the purchase is final.
2. Before returning an item, the consumer is obliged to notify Mooiys B.V. in writing within 14 working days of delivery. The consumer must prove that the delivered goods were returned on time.
3. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all supplied accessories and in its original condition and packaging to Mooiys B.V., in accordance with the reasonable and clear instructions provided by Mooiys B.V.. The return of the delivered goods is entirely at the expense and risk of the consumer.
4. The above right of withdrawal does not apply to goods manufactured according to the consumer's specifications, such as custom-made items, or those that are clearly personal in nature. 

Article 6 Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return will be borne by him. If the consumer has paid an amount, Mooiys B.V. will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

  

Article 7 Exclusion of Right of Withdrawal

1. Mooiys B.V. may exclude the consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Mooiys B.V. has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a) That have been created by Mooiys B.V. according to 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 Mooiys B.V. has no influence;
   f) For loose newspapers and magazines; For audio and video recordings and computer software where the consumer has broken the seal.
3. The right of withdrawal is only possible for services:
   a) Relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
   b) Whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
   c) Relating to betting and lotteries.

 

Article 8 Delivery Time

1. Delivery takes place as long as stock lasts.
2. The stated delivery time is approximate. Mooiys B.V. undertakes to adhere to the stated delivery time as much as possible but is not liable for the consequences of exceeding it, which it could not reasonably have prevented. Such an exceeding does not oblige Mooiys B.V. to any compensation, nor does it give the buyer the right to dissolve the agreement.
3. If the estimated delivery time referred to in paragraph 1 of this article is exceeded, Mooiys B.V. will be granted an additional period to deliver. This additional period is equal to the original estimated delivery time, with a maximum of one month. If this additional period is exceeded, the buyer has the right to dissolve the agreement without cause.

Article 9 Delivery and transfer of risk

1. As soon as the purchased item is received by the buyer, the risk transfers from the seller to the buyer. 

Article 10 Delivery

1. Mooiys B.V. will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Mooiys B.V..
3. In observance of what is stated in article 4 of these general terms and conditions, Mooiys B.V. will execute accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification thereof no later than 30 days after placing the order.
4. In that case, the consumer has the right to dissolve the agreement without incurring any costs.

Article 11 Warranties and complaints

1. Mooiys B.V. provides a warranty for the products it supplies, effective from the invoice date to the buyer/user, covering defects attributable to the seller that manifest during normal use, based on the following depreciation procedure: – within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, are entirely borne by Mooiys B.V..
2. The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must immediately report these defects in writing to Mooiys B.V. (before proceeding with a return to Mooiys B.V.).
3. Any defects or incorrectly delivered goods must and can be reported in writing to Mooiys B.V. no later than 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage arising after discovery of a defect, encumbrance and/or resale after discovery of a defect, will void the right to complain and return.
4. If customer complaints are deemed justified by Mooiys B.V., Mooiys B.V. will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation, with the understanding that the liability of Mooiys B.V. and thus the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the discretion of Mooiys B.V.) to the maximum amount covered by Mooiys B.V.'s liability insurance in the relevant case. Any liability of Mooiys B.V. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profit.
5. Mooiys B.V. is not liable for damage caused by incorrect assembly of the product by the buyer or a third party.
6. This warranty does not apply if:
   a) The buyer is in default towards Mooiys B.V.;
   b) The customer has repaired and/or processed the delivered goods himself or has had them repaired/processed by third parties;
   c) The delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or treated contrary to the instructions of Mooiys B.V. and/or the user manual on the packaging;
   d) The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 12 Limitation of Liability

1. To the extent permitted by law, the liability of Mooiys B.V. for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this exclusion are demonstrably unreasonably burdensome for the buyer.
2. The seller is never liable for indirect damage, including damage to third parties.

Article 13 Force Majeure

1. If the seller cannot, not timely, or not properly fulfill its obligations under the agreement due to force majeure, it is not liable for damages suffered by the buyer.

1. Parties understand force majeure to mean, in any case, circumstances that the seller could not have foreseen at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as, for example, illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, lockouts, changed government measures, transport difficulties, and other disruptions in the seller's business.

1. Furthermore, parties understand force majeure to include the circumstance that suppliers on whom the seller depends for the execution of the agreement fail to meet their contractual obligations towards the seller, unless this is attributable to the seller.

1. If a situation as described above occurs, as a result of which obligations cannot be met, then those obligations will be suspended as long as the seller cannot fulfill them. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.

1. In the event that the force majeure continues for longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via a registered letter.

Article 14 Intellectual Property

1. Mooiys B.V. retains intellectual property rights (including copyright, patent rights, trademark rights, design rights) to all products, designs, drawings, writings, data carriers or other information, offers, images, sketches, models, mock-ups, unless parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties, make available, or otherwise use the aforementioned intellectual property rights without the prior written consent of Mooiys B.V..
   
   

Article 15 Applicable Law and Competent Court

1. All offers, agreements, and their execution are exclusively governed by Dutch law.
2. All disputes that exceed the jurisdiction of the subdistrict court will be settled by the court in the district where Mooiys B.V. is located.