Terms of service
Terms and Conditions
CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - The right of withdrawal
Article 7 - Costs of exercising the right of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing prices and rates
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding a contract without the consumer and the trader being together in the same place at the same time.
Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the trader
Name: Milo & Moon
Email address: support@milo-moon.nl
KVK: Available on request
VAT no.: Available on request
Address: Amsterdam Nederland
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions are available for inspection at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way, free of charge, upon request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or voided, the contract and these terms and conditions remain in force for the remainder, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to modify 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 the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.
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, with the exception of customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. With regard to the import, the postal and/or courier service will make use of the special arrangement for postal and courier services. This arrangement applies where the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader 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 contract will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the information provided by them under the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract 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 the case of a continuing performance transaction.
Optional: available sizes, colours, type of materials.
Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
The trader may – within statutory frameworks – inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
The trader will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the trader's establishment where the consumer can lodge complaints;
- 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;
- the information about warranties and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, for a period of 14 days. This cooling-off period commences on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader 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 trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known by means of a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer 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 proof of postage.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may 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 trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
- the provision of which has begun with the express consent of the consumer before the cooling-off period has expired;
- relating to betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
Pursuant to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the place of delivery is the country where the transport commences. In the present case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. The trader will therefore not charge any VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader 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 warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or have been handled contrary to the instructions on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and performing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these terms and conditions, 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 fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance transactions: duration, termination and renewal
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may, with respect to the contracts referred to in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least in the same way as they were entered into by them;
always terminate them with the same notice period as the trader has stipulated for itself.
Renewal
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly renewed for a definite period of no more than three months, provided the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract extends to the regular delivery, but less than once a month, of daily newspapers, news publications, weeklies and magazines.
A contract of limited duration for the regular introductory delivery of daily newspapers, news publications, weeklies 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, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement 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 that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
Article 16 - Additional or differing prices and rates
Special additional customs clearance costs and/or import duties are not included in the price and are payable by the customer.