Terms and Conditions
Article 1 – Definitions
In this terms and conditions, the following definitions are used:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and / or services to consumers at a distance;
Distance agreement: an agreement whereby within the framework of a system organized by the entrepreneur for distance selling of products and / or services, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
Artikel 2 – Identiteit van de ondernemer
Name: Mconomy B.V.
Location and visiting address:
Schillingweg 50, 2153 PL Nieuw-Vennep, Nederland
Phone number: +31 (0) 71 331 1113
Monday to Friday from 9:00 until 17:00
Artikel 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur 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, contrary to 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 the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him is.
Article 4 – The offering
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in 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 representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate 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 agreement is archived after its conclusion, and if so how the consumer can consult it;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, 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;
- the minimum duration of the distance agreement in the event of an extended transaction.
Article 5 – The agreement
The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will send the following information with 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 medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason.
This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and the 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 with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for 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 time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with 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 depends on fluctuations in the financial market over which the entrepreneur has no influence;
f. for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – Obligations for the entrepreneur in case of withdrawal
If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs incurred by the entrepreneur charged for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the cancellation, unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
Article 10 - Pricing
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are 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
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the range of products or services include VAT.
Article 11 - Conformity and Warranty
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or existing provisions on the date of the conclusion of the agreement. 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 can assert against the entrepreneur under the agreement.
An extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
Article 12 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for 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.
Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of transfer to the carrier, unless explicitly agreed otherwise.
Article 13 – Duration transactions: duration, cancellation and extension
The consumer can cancel an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of services, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of services, with due observance of the agreed termination rules and a notice period of one month at most.
The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and are not limited to cancellation at a specific time or during a specific period;
- cancel at least in the same way as they are entered into by him;
- always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period of time and that extends to the regular delivery of services may not be tacitly extended or renewed for a specific duration.
By way of derogation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months if the consumer concludes this extended contract against can terminate the extension with a notice period of at most one month.
A contract that has been entered into for a fixed period and that extends to the regular delivery of services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement to the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
Article 14 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period as 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 the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure of payment within this 14-day period, the statutory interest on the remaining amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can, for the benefit of the consumer, deviate from the stated amounts and percentages.
Article 15 – Complaints procedure
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, 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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Article 16 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 17 - Modification of the general terms and conditions
Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.