AGB
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in a commercial or professional capacity and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract for a series of products and/or services where the delivery and/or purchase obligation extends over a certain period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that it can be viewed and reproduced unchanged in the future;
Right of withdrawal: the right of the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, only one or more techniques of distance communication are used until the conclusion of the contract;
Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time;
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company details
Company name: MAXI-LUXI/Milovani
Trade register number (KvK): 89922751
SBI code: 47919
Address:
Postal code:
City:
Province:
Country: Netherlands
Chamber of Commerce registration: Netherlands, KvK number 89922751
Article 3 - Scope of application
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, the text of these general terms and conditions may - contrary to the previous paragraph - be made available to the consumer electronically before the contract is concluded in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic or other means on request.
If special product or service terms and conditions apply in addition to these General Terms and Conditions, the provisions of the second and third paragraphs shall apply accordingly. In the event of contradictory terms and conditions, the consumer may always invoke the provision that is most favorable to him.
Should one or more provisions of these general terms and conditions be or be declared null and void in whole or in part, the remaining provisions and the rest of the agreement shall remain in force. The provision in question shall then be replaced by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision.
Situations that are not regulated in these General Terms and Conditions shall be assessed in accordance with these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with 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 is entitled to change or adjust 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 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 and specifications in the offer are for illustrative purposes only and cannot be used as a basis for compensation or termination of the contract.
Images of products are a true-to-life representation of the goods offered. However, the entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to
the price, excluding any customs clearance fees and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal or courier service will handle the import in the United States country of destination within the framework of the special regulations for postal and courier services. The import sales tax and any handling costs will be charged to the recipient by the deliverer;
any shipping costs;
the way in which the contract is concluded and which steps are required for this;
the existence or non-existence of a right of withdrawal;
the payment method, delivery modalities and fulfillment of the contract;
the period within which the offer can be accepted or the period within which the trader guarantees the price;
the price for distance communication, if this is calculated on a basis other than the basic rate
whether the concluded contract is archived and, if so, how it is accessible to the consumer;
how the consumer can check and, if necessary, correct the data he has entered before concluding the contract;
the possible languages in which the contract can be concluded in addition to English;
the codes of conduct to which the trader has subscribed and how the consumer can consult them electronically;
the minimum duration of the distance contract in the case of a continuing obligation.
Optional: available sizes, colors, types of material.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions attached to it.
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The entrepreneur can - within the framework of legal provisions - obtain information about whether the consumer can meet his payment obligations and about all circumstances that are important for a responsible conclusion of the contract. If, on the basis of this information, the entrepreneur has legitimate reasons not to enter into the contract, he is entitled to refuse an order with good reason or to attach special conditions to its fulfillment.
The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can easily store it on a durable medium, at the latest upon delivery of the product or service:
the visiting address of the trader's establishment where the consumer can lodge complaints;
the conditions and the way in which the consumer can make use of his right of withdrawal, or a clear indication if the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the information referred to in Article 4 paragraph 3 of these conditions, unless the trader has already provided this to the consumer before the conclusion of the contract;
the conditions for terminating the contract if it has a duration of more than one year or an indefinite duration.
In the case of a continuing obligation, the information in the previous paragraph only applies to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products ordered.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This withdrawal period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the withdrawal period, the consumer must handle the product and the packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer makes use of his right of withdrawal, he must return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The notification must be made in writing or by e-mail. After the consumer has declared his withdrawal, he must return the product within 14 days. The consumer is responsible for proving that the goods have been returned on time, for example by providing proof of dispatch.
If no notification is made within the periods referred to in paragraphs 2 and 3 and the product has not been returned to the entrepreneur, the purchase agreement is deemed to have been bindingly concluded.
Article 7 - Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear the costs of returning the products.
If the consumer has already paid an amount, this will be refunded by the trader as soon as possible, but at the latest within 14 days after withdrawal. The condition for this is that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only permitted if the trader has clearly stated this in the offer or at the latest before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
which have been manufactured according to customer specifications;
which are clearly of a personal nature;
which cannot be returned due to their nature;
which can spoil or expire quickly;
whose price depends on fluctuations in the financial market over which the trader has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software for which the seal has been removed by the consumer;
for hygienic products from which the seal has been removed.
The exclusion of the right of withdrawal is only possible for services
in the field of accommodation, transportation, catering or leisure activities to be provided on a specific date or during a specific period;
the performance of which has begun with the express consent of the consumer before the end of the withdrawal period;
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 in the event of price changes due to statutory regulations or VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which he has no control. In this case, it is pointed out that these are target prices.
Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations.
Price increases from three months after conclusion of the contract are only permitted if they have been expressly agreed and
they are based on statutory provisions; or
the consumer is entitled to terminate the contract at the time the price increase comes into effect.
The place of delivery is determined in accordance with Article 5(1) of the U.S. Value Added Tax Act of 1968 and is the country in which the shipment begins. In this case, delivery takes place outside the United States. Therefore, the delivery service charges the recipient import VAT or customs clearance fees and the entrepreneur does not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable expectations of soundness and/or usability and the legal regulations and/or government requirements applicable at the time of the conclusion of the agreement. If this has been agreed, the entrepreneur also guarantees that the product is also 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 on the basis of the contract.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The Contractor's warranty period corresponds to that of the manufacturer. However, the entrepreneur accepts no responsibility for the suitability of the products for a particular application by the consumer, nor for any advice on the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or processed the delivered products himself or if third parties have done so;
the delivered products have been exposed to abnormal conditions, improperly handled or used contrary to the instructions of the entrepreneur or on the packaging;
the defects are wholly or partly due to government regulations concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The delivery address is the address given by the consumer.
Subject to the provisions of article 4 of these terms and conditions, the company will execute accepted orders with reasonable speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed accordingly no later than 30 days after the order has been placed. In this case, the consumer is entitled to cancel the contract free of charge and, if necessary, to claim compensation.
In the event of withdrawal in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount already paid as soon as possible, but no later than 14 days after withdrawal.
If the delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of returning a defective product shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term contracts: Duration, termination and renewal
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that has as its object the regular delivery of products (including electricity) or services, at any time with due observance of the agreed 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 has as its object the regular delivery of products (including electricity) or services, at any time at the end of the term, subject to the agreed notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time and is not
terminate at any time and is not limited to termination at a specific time or within a specific period;
terminate in at least the same way as the entrepreneur has stipulated for the conclusion of the contract;
always terminate with the same notice period that the entrepreneur has agreed for himself.
Extension
A contract that has been concluded for a definite period and that concerns the regular delivery of products or services may not be tacitly extended or renewed.
Contrary to the previous paragraph, a contract that has been entered into for a definite period and that has as its object the regular delivery of daily, news and weekly newspapers or magazines may be tacitly renewed for a definite period of no more than three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract that has been entered into for a definite period and that relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month, or no more than three months if the contract relates to the occasional delivery of daily, news and weekly newspapers or magazines less than once a month.
A fixed-term contract for the regular, trial delivery of daily, news and weekly newspapers or magazines (trial subscription) is not tacitly renewed and ends automatically at the end of the trial period.
Duration
If a contract has a term 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 prevent termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a service contract, this period shall commence after the consumer has received confirmation of the contract.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or communicated.
In the event of late payment by the consumer, the entrepreneur is - subject to legal restrictions - entitled to charge the consumer the reasonable reminder costs previously communicated.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defect.
Complaints received by the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to require a longer processing time, the consumer will receive an acknowledgement of receipt within the 14-day period with an indication of when he can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is suitable for a dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has stated otherwise in writing.
If a complaint is recognized as justified by the entrepreneur, the entrepreneur will, at his own discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad