TERMS & CONDITIONS
 

Terms & Conditions web shop madu-madu.com and madu-madu.nl

Index:

Article 1 – Definitions

Article 2 – The Entrepreneur’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and Warranty

Article 11 – Delivery and implementation

Article 12 – Extended duration transactions: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints

Article 15 – Disputes

Article 16 – Additional or different terms

 

Article 1 – Definitions For this terms & conditions the following definitions apply:

  • Grace period: The period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person not acting out of profession or business and a distance contract with the entrepreneur;
  • Day: calendarday;
  • Transaction Duration: a distance contract concerning a series of products and / or services, of which the supply and / or purchase is spread over time;
  • Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the ability for consumers to cancel the contract within the waiting period;
  • Entrepreneur: the natural or legal entity that offers products and / or services to consumers;
  • Distance contract: means an agreement in the context of a distance selling organized by the entrepreneur system of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
  • Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

 

Article 2 – The Entrepreneur’s identity

madumadu (also acting as madu-madu.com and madu-madu.nl)

Westvlietweg 144

2495 AG Den Haag

Telefoonnummer: 06 41456826

E-mail address: info@madu-madu.com

KvK-number 2727277

 

Article 3 – Applicability

  • These general conditions apply to every offer by the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
  • Before concluding a distance contract, the text of these general terms & conditions are made available to the consumer. If this is not reasonably possible before the contract is concluded at distance, it is indicated that the general conditions are available at the trader’s premises for inspection and can be sent free of charge as soon as possible at the request of the consumer.
  • If the contract is concluded at distance electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, the entrepreneur will indicate where the general conditions are stored electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  • In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and in case of conflicting terms the consumer can always rely on the applicable provision most favorable to him is.

 

Article 4 – The offer

  1. In the case that an offer has a limited duration or is under the terms, this is explicitly stated in the offer.
  2. The consumer has the right to a proper product.
  3. The offer consists of a complete and accurate description of the offered products and/or services. The description has sufficient detail in order to provide a real and fair judgement by the consumer. In case the Entrepreneur uses images they should represent an actual impression of the offered products and/or services. Unknown errors or mistakes in the offer are not binding.
  4. Every offer contains such information, that the consumer is aware of the rights and duties that are applied when accepting the offer. This is specifically:

 

  • The price including taxes;
  • The possible costs of delivery;
  • The way the agreement is being set up and which tasks are needed to complete this;
  • The possible applicability of the right of withdrawal;
  • The method of m, delivery and execution of the agreement;
  • The term in which the offer can be accepted, or the term for which the Entrepreneur guarantees the price;
  • The rate for communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
  • If the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
  • the way the consumer can check the information provided by him under the contract before concluding the agreement and repair if necessary;
  • If there are any other languages, besides Dutch, in which the contract may be entered;
  • The codes of conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
  • The minimum duration of the contract on distance 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 of the consumer accepts the offer and meet the corresponding conditions.
  • In case the consumer accepts the offer through electronic communication, the entrepreneur will confirm electroically the reception and acceptation of the agreement. As long as the confirmation is not received by the consumer, the agreement can be cancelled by the consumer.
  • If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  • The entrepreneur can – within the law – inform if the consumer can meet its payment obligations, and of all those facts and factors that are important to a responsible conclusion of the distance contract. If the entrepreneur has found justified reasons during this investigation in order not to enter into the agreement, he is entitled to refuse or to accept the contract or to attach special conditions to the order or request.
  • The entrepreneur will send the following information with the product or service to the consumer in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:

 

  1. the address of the company where the consumer can send its complaints;
  2. the conditions and the way the consumer can execute the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information regarding guarantees and existing service after purchasing;
  4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur already provided the information to the consumer before the execution of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. In the event of an extended transaction the provision in the previous paragraph applies only to the first delivery

 

Article 6 – Right of withdrawal

  • When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following to the receipt of the product by the consumer or to a pre-designated representative by the consumer and announced to the entrepreneur.
  • During this period the consumer will treat the product and packaging carefully. He will unpack the product only as 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 and – if reasonably possible – in its original packaging to the entrepreneur, according to the Entrepreneur’s provided reasonable and clear instructions.

 

Article 7 – Costs in case of withdrawal

  • If the consumer exercises his right of withdrawal, the associated costs to be made will not exceed the shipping costs to return the items.
  • 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 return or cancellation.

 

Article 8 – Exclusion of right of withdrawal

    1. The entrepreneur can exclude the consumer’s right of withdrawal only to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the Entrepreneur has stated this clearly in the offer, at least in time before concluding the agreement.
    2. Exclusion of the right of withdrawal is only possible for products:

 

  1. that have been created by the Entrepreneur in accordance with specifications of the consumer;
  2. that obviously have a personal character;
  3. that can not be returned due to their nature;
  4. that spoil or become obsolete;
  5. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software which the consumer has broken the seal.

 

  • Exclusion of the right of withdrawal is only possible for services:

a.. on accommodation, transport, catering or leisure to be executed on a certain date or during a given period; b.. whose delivery with the express consent of the consumer has started before the period has expired; c.. on betting and lotteries.

 

Article 9 – The price

  • During the period mentioned, the prices of the products and / if services have not increased in the offer, except for price changes due to changes in VAT rates.
  • Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are mentioned at the offer.
  • Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  • Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
  1. they are the result of legislation or regulations; or
  2. the consumer has the right to terminate the agreement as of the date the increase takes effect. The prices in the supply of products or services include VAT.

 

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use. By the entrepreneur, manufacturer or importer provided guarantee does not affect the legal rights and claims that the consumer may invoke under the contract against the entrepreneur.

 

Article 11 – Delivery and implementation

  • 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 makes known to the company.
  • Subject to what is stated in article 4 of these terms and conditions, the company will process accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives a message within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and is entitled to any compensation.
  • In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
  • If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item. With the delivery it will be reported that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of return shipment are paid by the entrepreneur.
  • The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or to a pre-designated announced representative to the entrepreneur , unless expressly agreed otherwise.

 

Article 13 – Payment

  • Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service begins to run after the consumer has received the confirmation of the agreement.
  • When selling products to consumers in general conditions entrepreneurs may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
  • The consumer has the duty to report inaccuracies in data supplied or specified payment data immediately to the entrepreneur.
  • In the event of default by the consumer the entrepreneur is subject to statutory limitations, the right to advance to the consumer and to charge reasonable costs.

 

Article 14 – Complaints

The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure. Complaints about the execution of the contract must promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects. When the entrepreneur receives complaints within a period of 14 days from the date of receipt he has to reply. If a complaint is subject to an unforeseeable longer processing time then the normal period of 14 days, the entrepreneur issues a notice of receipt and an indication to the consumer that he can expect a more detailed answer and longer processing time. If the complaint can not be resolved by mutual agreement a dispute is created for the dispute regulations. The consumer will be refunded within 14 days. This starts from the moment the item received is taken by the entrepreneur. The costs of the return for the consumer.

 

Article 15 – Disputes

These terms regarding agreements between the entrepreneur and the consumer refer only to the Dutch law.

 

Article 16 – Additional or different terms

Additional or different provisions than these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer can store these in an accessible manner on a durable medium.