Table of Contents:         

Article 1 - Definitions

Article 2 - Applicability

Article 3 - Agreement

Article 4 - Prices

Article 5 - Right of Withdrawal

Article 6 - Costs in the event of cancellation

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 - Governing Law and Jurisdiction

 

Article 1 Definitions

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

• Seller: Mooiys B.V. and its domain names and/or trade names operated by Mooiys B.V. in Elst (Chamber of Commerce no. 84535466, with its place of business at Marithaime 8, 6662 WD), hereinafter referred to as the “Seller” in these Terms and Conditions.
• Buyer: The other party to the seller is referred to in these general terms and conditions as buyer (or consumer, if a natural person not acting in the exercise of a profession or business).
• Parties: Parties are seller and buyer together.
• Agreement: Agreement means the purchase agreement between the parties. 

Article 2 Applicability

1. These Terms and Conditions apply to all offers made by Mooiys B.V. and toall distance contracts entered into betweenMooiys B.V. and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer.
3. 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.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

 

Article 3 Agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfilment of the conditions thereby stipulated. Article 6:232 BW stipulates: "an opposing party is also bound by the general terms and conditions if, at the conclusion of the contract, the user understood or should have understood that he did not know the contents thereof." 

1. If the consumer has accepted the offer electronically, Mooiys B.V. will immediately confirm receipt of the acceptance of the offer electronically. Until Mooiys B.V. has confirmed receipt of this acceptance, the consumer may cancel the contract.

 

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

 

1. Mooiys B.V. may, within the limits of the law, verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, Mooiys B.V. has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its fulfillment.

 

Article 4 Prizes

1. The prices of the products offered will not be increased, except for price changes resulting from legal amendments. Transactions concluded with Mooiys B.V. will always be carried out in accordance with the agreed terms.
2. All previous prices expire automatically at the time of change and no rights can be derived from them. Price increases within three months of the conclusion of the agreement are only allowed 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 the offer or deviate from it within three business days of receiving such acceptance.
4. Verbal commitments are binding on Mooiys B.V. only after they have been expressly confirmed in writing. Offers made by Mooiys B.V. do not automatically apply to repeat orders. Mooiys B.V. cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious error or typographical mistake.

 

Article 5 Right of withdrawal

1. If there is a consumer purchase in accordance with Article 7:5 BW, the consumer has the right to dissolve the agreement without giving reasons for 14 working days. This cooling-off period commences on the day following receipt of the product by the consumer. If at the end of this period the consumer has not returned the delivered goods to the seller, the purchase is a fact.
2. Before returning the goods, the consumer must notify Mooiys B.V. in writing within 14 business days of delivery. The consumer must provide proof that the delivered goods were returned in a timely manner.
3. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to Mooiys B.V. with all accessories provided and in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Mooiys B.V. The return of the delivered items is entirely at the consumer’s expense and risk.
4. The above right of withdrawal does not apply to goods manufactured to the consumer's specifications, including, for example, custom-made goods, or which are clearly personal in nature. 

Article 6 Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, they will be responsible for no more than the cost of returning the item. If the consumer has paid any amount, Mooiys B.V. will refund this amount as soon as possible, but no later than 30 days after the item is returned or the withdrawal is exercised.

  

Article 7 Exclusion of withdrawal right

1. Mooiys B.V. may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Mooiys B.V. has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
2. The right of withdrawal does not apply to the following products:
   a) Products created by Mooiys B.V. in accordance with the consumer’s specifications;
   b) Products that are clearly of a personal nature;
   c) Products that, by their nature, cannot be returned;
   d) Products that are liable to spoil or deteriorate rapidly;
   e) Whose price is subject to fluctuations in the financial market over which Mooiys B.V. has no influence;
   f) For individual newspapers and magazines; For audio and video recordings and computer software for which the consumer has broken the seal.
3. The right of withdrawal applies only to the following services:
   a) Services related to accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specific period;
   b) Services for which the provision has begun with the consumer’s express consent before the cooling-off period has expired;
   c) Services related to betting and lotteries.

 

Article 8 Delivery time

1. Delivery will take place while supplies last.
2. The delivery time is provided as an estimate. Mooiys B.V. undertakes to adhere to the specified delivery time as much as possible, but is not liable for the consequences of any delay that it could not reasonably have prevented. Such a delay does not oblige Mooiys B.V. to pay any compensation, nor does it entitle the buyer to terminate the agreement.
3. If the estimated delivery time referred to in paragraph 1 of this article is exceeded, Mooiys B.V. shall be granted an additional period of time to make the delivery. This additional period shall be equal to the original estimated delivery time, up to a maximum of one month. If this additional period is exceeded, the buyer shall have the right to terminate the agreement without cause.

Article 9 Completion and transfer of risk

1. Once the purchased item is received by the buyer, the risk passes from seller to buyer. 

Article 10 Delivery

1. Mooiys B.V. will exercise the utmost care in receiving and fulfilling orders for products and in evaluating requests for services.
2. The place of delivery is the address that the consumer has provided to Mooiys B.V.
3. Subject to the provisions of Article 4 of these Terms and Conditions, Mooiys B.V. will fulfill accepted orders with due diligence, 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 fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order.
4. In this case, the consumer has the right to dissolve the contract without cost.

Article 11 Warranties and complaints

1. Mooiys B.V. provides a warranty for the products it delivers, effective from the date of invoicing to the buyer or end user, to the extent that defects attributable to the seller become apparent during normal use, based on the following depreciation schedule: – within 1 year of the invoice date: the costs of repair or replacement, including shipping within the Netherlands, are fully borne by Mooiys B.V.
2. The customer is required to inspect the delivered goods immediately upon receipt. If it turns out that the delivered goods are incorrect, defective, or incomplete, the customer must (before returning them to Mooiys B.V.) immediately report these defects to Mooiys B.V. in writing .
3. Any defects or incorrectly delivered goods must and may be reported to Mooiys B.V. in writing no later than 2 months after delivery. Returned items must be in their original packaging (including accessories and accompanying documentation) and in like-new condition. Use of the goods after discovery of a defect, damage occurring after discovery of a defect, encumbrance, and/or resale after discovery of a defect will result in the complete forfeiture of the right to file a complaint and return the goods.
4. If Mooiys B.V. finds the customer’s complaints to be justified, Mooiys B.V. shall, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation, on the understanding that Mooiys B.V.’ s liability and, consequently, the amount of compensation is always limited to no more than the invoice amount of the goods in question, or (at Mooiys B.V.’s discretion) 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 or consequential damage, or damage due to lost profits.
5. Mooiys B.V. is not liable for damage caused by the buyer or a third party assembling the product incorrectly.
6. This warranty does not apply if:
   a) The buyer is in default with respect to Mooiys B.V.;
   b) The buyer has repaired and/or modified the delivered goods themselves or had them repaired and/or modified by third parties;
   c) The delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of Mooiys B.V.’ s instructions 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, Mooiys B.V.’ s liability for damages caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this limitation are demonstrably unreasonably onerous for the buyer.
2. The seller is never liable for indirect damages including third party damages.

Article 13 Force Majeure

1. If the seller is unable to fulfill its obligations under the agreement, in a timely manner or properly due to force majeure, it shall not be liable for damages suffered by the buyer.

1. By force majeure the parties mean in any case circumstances which the seller could not take into account at the time the agreement was entered into and as a result of which the normal execution of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riots, molestation, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation, strikes, lockout, changed government measures, transport difficulties and other disruptions in the seller's business.

1. Furthermore, the parties shall mean by force majeure the circumstance that supplying companies on which the seller depends for the execution of the agreement do not comply with the contractual obligations to the seller, unless this is attributable to the seller.

1. If a situation occurs as above as a result of which does not fulfill its obligations towards, opposite, those obligations will be suspended as long as the seller can not fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall have the right to dissolve the agreement in writing in whole or in part.

1. In case the force majeure continues for more than three months, buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 14 Intellectual property

1. Mooiys B.V. retains all intellectual property rights (including copyright, patent rights, trademark rights, and design rights) in all products, designs, drawings, documents, data storage media or other information, quotations, images, sketches, models, and mock-ups, unless the parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties, make available to third parties, 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 the performance thereof shall be governed exclusively by Dutch law.
2. Any disputes that fall outside the jurisdiction of the subdistrict court shall be settled by the district court in the district where Mooiys B.V. is located.