Terms and Conditions
Article 1 - Definitions
In these general conditions, the following terms shall have the following meanings:
‘cooling-off period’ means the period during which the consumer can exercise his right of withdrawal
‘consumer’ means the natural person who is not acting in the course of a profession or business and concludes a distance contract with the entrepreneur
Day: calendar day;
‘long-term transaction’ means 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 medium’ means any instrument enabling the consumer or the trader to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information
‘right of withdrawal’ means the possibility for the consumer to withdraw from the distance contract within the withdrawal period
‘entrepreneur’ means the natural or legal person who offers products and/or services to consumers at a distance
‘distance contract’ means a contract concluded under an organised distance sales scheme for products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively by means of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.
General conditions: these general conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: MaHo Services
Company organisation number: 93388950
VAT registration number: NL005018264B61
Trade name: Kvinova
E-mail address: info@kvinova.com
Article 3 - Applicability
These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between entrepreneur and consumer.
Prior to the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge on request as soon as possible.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the conclusion of the distance contract, the text of these general 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 medium. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or otherwise on request.
If, in addition to these general conditions, specific product or service conditions apply, the second and third subparagraphs apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision which is most favourable to him.
If one or more provisions of these general terms and conditions are wholly or partially invalid or are destroyed at any time, the contract and these terms and conditions will remain in force for the remainder and the relevant provision will be replaced by mutual agreement as soon as possible.
Situations not specified in these General Conditions shall be judged ‘in the spirit’ of these General Conditions.
Any ambiguity as to the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted ‘in accordance with the spirit’ of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right 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 the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot be grounds for replacement or cancellation of the agreement.
Pictures of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colours shown exactly match 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 the acceptance of the offer. This applies in particular to:
The price, excluding customs duties and import VAT. These additional costs shall be borne by the customer and shall be at the customer's risk. The postal and/or courier service will use the special arrangement for postal and courier services for customs clearance. This arrangement applies when goods are imported into the EU country of destination, as is the case here. The postal and/or courier service will collect the VAT (together with any invoiced customs clearance costs) from the recipient of the goods;
the possible costs of the shipment; the way in which the contract will be concluded and the steps necessary for this purpose; whether or not the right of withdrawal applies; the method of payment, delivery and fulfilment of the contract; the period for acceptance of the offer, or the period within which the contractor guarantees the price;
the amount of the distance communication fee if the costs of using the means of distance communication are calculated on a basis other than the usual basic fee for the medium of communication used
whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
how the consumer can, before the conclusion of the contract, verify and, if necessary, correct the information provided by him in connection with the contract
any other language in which, apart from Dutch, the contract may be concluded
the codes of conduct submitted by the contractor and the way in which the consumer can consult these codes of conduct by electronic means; and
the minimum duration of the distance contract in case of a long-term transaction. Optional: available sizes, colours, types of materials.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the time when the consumer accepts the offer and fulfils the conditions set out in it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of the 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 contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur can - within the legal framework - inform himself whether the consumer is able to fulfil his payment obligations, as well as about all the facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to refuse an order or request or to attach special conditions to its execution.
With the product or service, the entrepreneur will provide the consumer with 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 medium
the address of the entrepreneur's premises where the consumer can lodge a complaint
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
information on guarantees and existing after-sales services
the information referred to in Article 4(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 cancelling the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a long-term transaction, the provision of the previous subparagraph shall apply only to the first delivery.
Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of cancellation
When purchasing products, the consumer has the possibility of cancelling the contract without giving any reason for a period of 30 days. This cooling-off period starts the day after receipt of the product by the consumer or a previously designated representative made known to the entrepreneur.
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 wants to keep the product. If he exercises his right of withdrawal, he will return the product with all accompanying accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receipt of the product. The consumer must notify this to the entrepreneur by a written notice / e-mail. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of dispatch.
If the customer has not made it known that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. The condition here is that the product has already been received back by the online trader or that conclusive proof of complete return shipment can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products
which are manufactured by the entrepreneur in accordance with the consumer's specifications
which are clearly of a personalised nature;
which, due to their nature, cannot be returned;
which can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose copies of newspapers and magazines
for audio and video recordings and computer programmes 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, catering or leisure activities to be performed on a specific date or during a specific period
where the supply has begun with the consumer's express consent before the cancellation period has expired
relating to betting and lotteries.
Article 9 - Price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the contractor may offer products or services with prices that are subject to fluctuations on the financial market and over which the contractor has no influence, with variable prices. These fluctuations and the fact that all prices mentioned are target prices will be indicated in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory ordinances or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the contractor has agreed to this and:
these are the result of statutory regulations or provisions; or
the consumer is authorised to terminate the contract from the date on which the price increase takes effect.
The supply takes place in accordance with Article 5, paragraph 1, of the Sales Tax Act 1968 in the country where the transport begins. In the present case, the delivery takes place outside the EU, after which the postal or courier company will charge the recipient import VAT or customs clearance costs. Therefore, no VAT will be charged by the contractor.
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 entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the contractor also warrants that the product is suitable for use other than normal use.
A guarantee provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contractor based on the contract.
Any defects or incorrectly delivered products must be reported in writing to the contractor within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never liable for the final 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 or modified the delivered products himself, or has had them repaired or modified by a third party;
The delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the contractor's instructions and/or the packaging instructions;
The defect is wholly or partly the result of regulations that the Government has imposed or will impose concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
The contractor will exercise the greatest possible care when receiving and executing orders for products.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders with due speed but at least within 30 days, unless the consumer has agreed on a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this within 30 days of the order. In this case, the consumer has the right to cancel the contract free of charge and claim compensation for any damages.
In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Long-term transactions: duration, cancellation and extension
Cancellation
The consumer may terminate a contract concluded for an indefinite period and extending to the regular supply of products (including electricity) or services at any time, subject to agreed cancellation rules and a notice period of up to one month.
The consumer may terminate a contract concluded for a fixed period covering the regular supply of products (including electricity) or services at any time before the end of that fixed period, subject to agreed cancellation rules and a notice period of up to one month.
The consumer can cancel the contracts mentioned in the previous paragraphs:
at any time and not be limited to cancellation at a specific time or during a specific period
at least be cancelled in the same way as they were concluded by him;
always terminate with the same period of notice that the contractor has set for himself. Extension
A contract concluded for a fixed period and extending to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
By way of derogation from the previous paragraph, a contract concluded for a fixed period and covering the regular supply of daily newspapers, news and weekly papers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of up to one month.
A contract concluded for a fixed period and covering the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time by giving up to one month's notice and up to three months' notice if the contract covers the regular, but less than monthly, supply of daily, news and weekly newspapers and magazines.
Duration
A contract with a duration of more than one year may be cancelled by the consumer after one year with a maximum notice period of one month, unless there are reasonable and justifiable grounds for terminating the contract before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the beginning of the withdrawal period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the obligation to report without delay to the entrepreneur any inaccuracies in the payment details provided or indicated.
In the event of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs notified in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the shortcomings.
Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing.
If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his choice, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.