General Terms and Conditions

General Terms and Conditions MVB Branding

Index:

Article 1 - Definitions

Article 2 - Identity of MVB branding

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer obligations during the reflection time

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of MVB Branding upon cancellation

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

These conditions apply below:

  • Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services associated with a distance agreement and these matters, digital content and / or services by MVB Branding are supplied or by a third party on the basis of an appointment between Those third and MVB branding;
  • Reflection time: the period within which the consumer can use his right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  • Day: calendar day;
  • Digital Content: Data produced and supplied in digital form;
  • Duration contract: an agreement that stretches to the regular delivery of matters, services and / or digital content during a certain period;
  • Sustainable data carrier: any tool - including e-mail - that allows the consumer or entrepreneur to store information that is personal to him personally in a way that future consultation or use during a period that is tailored to the goal for which the information is intended, and which allows unchanged reproduction of the stored information;
  • Right of withdrawal: the possibility of the consumer to refrain from the remote agreement within the reflection time;
  • Distance agreement: an agreement concluded between MVB Branding and the consumer in the context of an organized system for remote sales, digital content and / or services, including exclusively or co-use up to and including the conclusion of the agreement becomes one or more remote communication techniques;
  • Model form for revocation: the European Model Form for Revocation in Annex I to these Terms and Conditions;
  • MVB Branding: the legal person as further defined in Article 2, which offers products, (access to) digital content and / or remote services to consumers as set out under these Terms and Conditions;
  • Technology for remote communication: means that can be used to conclude an agreement, without consumer and entrepreneur having to meet simultaneously in the same room;

Article 2 - Identity of MVB branding

Name Entrepreneur (statutory name, possibly supplemented by trade name); MVB Branding

Establishment address; Bosscheweg 40, 5056KC Berkel-Enschot, the Netherlands

E-mail address or other electronic means of communication offered to the consumer with the same functionality as email; info@merodacosmetics.nl

Chamber of Commerce number; 81475829

VAT identification number; NL862108743B01


Article 3 - Applicability


These general terms and conditions apply to every supply of MVB branding and at a distance agreement between entrepreneur and consumer at every agreement.
Before the remote agreement is concluded, the text of these general terms and conditions is made available to consumers. If this is reasonably not possible, MVB Branding will indicate before the agreement is concluded, how the General Terms and Conditions with MVB Branding can be viewed and that they will be sent free of charge at the request of the consumer.
If the remote agreement is closed electronically, it is possible to deviate from the previous paragraph and before the remote agreement, the text of these General Terms and Conditions by electronic means to the consumer are made in such a way that it is assumed by the consumer A simple way can be stored on a sustainable data carrier. If this is reasonably not possible, before the remote agreement is concluded, it will be stated where of the general terms and conditions can be taken electronically and that they will be sent electronically or in other ways at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph applies mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him .

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the supply.
The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If MVB branding uses images, these are a truthful representation of the products, services and / or digital content offered. Apparent mistakes or apparent errors in the range do not bind MVB branding.
Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement


The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and complying with the conditions laid down.
If the consumer has accepted the offer by electronic means, MVB confirms the receipt of the acceptance of the supply by electronic means by electronic means. As long as the receipt of this acceptance is not confirmed by MVB Branding, the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible to dissolve or cancel the consumer for consumers: the consumer can use the right of withdrawal (Article 6).
If the agreement is established electronically, MVB builds appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, MVB branding will observe appropriate safety measures to this end.
MVB Branding can inform itself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a renewable distance agreement. If MVB branding has good grounds on the basis of this investigation to not enter into the agreement, it is entitled to refuse a reasoned order or application or to attach special conditions to implementation.
MVB Branding will be the following information, in writing or in such a way that they can be stored in a sustainable data carrier in the latest when delivering the product, service or digital content to the consumer that this can be stored by the consumer in an accessible manner:
The visiting address of the MVB Branding location where the consumer can go to complaints;
The conditions under which the rights in which the Consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
the information about guarantees and existing service after purchase;
the price including all taxes of the product, service or digital content; where applicable the cost of delivery; and the method of payment, delivery or implementation of the remote agreement;
The requirements for cancellation of the agreement if the agreement has a duration of more than one year or of an indefinite period;
If the consumer has a right of withdrawal, the cancellation model form.
In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.

Article 6 - Right of withdrawal

The consumer can terminate an agreement with regard to the purchase of a product during a reflection time of at least 14 (fourteen) days without giving reasons. MVB Branding may ask the consumer to the reason for withdrawal, but it does not oblige it to statement of his reason (s).
The reflection time referred to in paragraph 1 shall continue on the day after the consumer, or a third party designated by the consumer, who is not the carrier has received the product, 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. MVB Branding may, if they have informed the consumer here prior to the ordering process, refuse an order of multiple products with a different delivery time.
If the delivery of a product consists of various shipments or components: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
In 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.

For services and digital content that has not been supplied on a material carrier:

The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered to a material carrier for at least 14 days without giving reasons. MVB Branding may ask the consumer to the reason for withdrawal, but it does not oblige it to statement of his reason (s).
The reflection time referred to in paragraph 3 shall enter the day following the conclusion of the agreement.

Extended reflection time for products, services and digital content that is not provided on a substantive carrier upon unauthorized with regard to withdrawal right:

If MVB Branding has not provided the consumer the statutory information on the right of withdrawal or the model form for revocation, the reflection time decreases twelve months after the end of the original, in accordance with the previous paragraphs of this article.
If MVB Branding has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original reflection time, the reflection time expires 14 days after the day the consumer received that information.

Article 7 - Consumer obligations during the reflection time

During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to determine the nature, characteristics and operation of the product. The starting point here is that consumers can only handle and inspect the product as he should do in a store.
The consumer is only liable for impairment of the product that is the result of a way of dealing with the product that goes beyond paragraph 1.
The consumer is not liable for impairment of the product as MVB branding does not provide him for or in the conclusion of the agreement all legally required information about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof


If the consumer uses his right of withdrawal, he reports this within the reflection period through the model form for withdrawal or other unambiguous manner to MVB branding.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hand over it (an authorized agent from) MVB branding. This does not have to collect the product yourself as MVB Branding. The consumer has in any case observed the return time when he returns the product before the reflection time has elapsed.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by MVB Branding.
The risk and the burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If MVB Branding has not reported that the consumer must bear these costs or if MVB Branding indicates the costs themselves, the consumer does not have to bear the costs for return.
The consumer does not bear costs for the full or partial delivery of digital content supplied on a substantive carrier if:
He has not expressly approved the delivery of the compliance of the agreement before the end of the reflection time;
He has not recognized to lose his right of withdrawal when granting his permission; or
MVB Branding has failed to confirm this consumer statement.
If the consumer uses his right of withdrawal, all additional agreements are bound by law.

Article 9 - Obligations of MVB Branding upon cancellation

If MVB Branding allows the reporting of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this report.
MVB Branding reimburses all consumer payments, including any delivery costs by MVB Branding charged to the returned product, without delay, but within 14 (fourteen) days following the day on which the consumer reports him the revocation. Unless MVB Branding offers to pick up the product itself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, according to which time the time falls.
MVB branding used the same payment method for refund that the consumer has used unless the consumer agrees with 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, MVB branding does not have to repay the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal


MVB branding can exclude the following products and services of the right of withdrawal, but only as MVB branding this clearly stated in the supply, at least timely to the conclusion of the agreement:

Products or services whose price is bound to fluctuations on the financial market to which MVB Branding has no influence and that can occur within the withdrawal period;
Agreements that are closed during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by MVB Branding to the consumer who is personally present or the possibility of being personally present at the auction, led by an auctioneer, and where the Successful bidder is obliged to decrease the products, digital content and / or services;
Service agreements, after full implementation of the service, but only as:
The implementation has started with the express prior asset of the consumer; and
The consumer has stated that he loses his right of withdrawal as soon as MVB branding has fully implemented the agreement;
Service agreements for the provision of property, if a certain date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;
Agreements with regard to leisure activities, as a specific date or period of implementation in the Agreement;
According to consumer specifications, produced products that are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that quickly spoil or have a limited shelf life;
Sealed products that are not suitable for reducing health protection or hygiene to be returned and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages of which the price has been agreed upon in the conclusion of the agreement, but whose delivery can only take place after 30 days, and the actual value of which depends on fluctuations in the market at which MVB Branding has no influence;
Sealed audio, video recordings and computer software, whose seal is broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions on this;
The delivery of digital content other than on a material carrier, but only as:
The implementation has started with the express prior asset of the consumer; and
The consumer stated that he loses his right of withdrawal.

Article 11 - The price

During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, MVB branding products or services whose prices are bound by fluctuations on the financial market and where MVB Branding has no influence, offer variable prices. This bondage to fluctuations and the fact that any stated prices are target prices are stated in the supply.
Price increases within 3 months of 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 MVB Branding has this stipulated and:
these are the result of legal regulations or provisions; or
The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
The prices mentioned in the range of products or services include VAT.

Article 12 - Compliance agreement and additional guarantee


MVB Branding means that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and legal provisions on the date of the conclusion of the agreement / or Government regulations. If agreed, MVB branding also means that the product is suitable for other than normal use.
An additional guarantee provided by MVB Branding, his supplier, manufacturer or importer limited the statutory rights and claims that the consumer may apply to MVB Branding under the Agreement if MVB Branding has fallen short in the fulfillment of his part of the agreement.
An additional warranty is understood to mean any commitment of MVB Branding, its supplier, importer or producer in which it grants certain rights or claims to the consumer that goes beyond what it is legally obliged in case he has fallen in the fulfillment of his part of the agreement .

Article 13 - Delivery and implementation


MVB Branding will comply with the greatest possible care when receiving and in the performance of orders of products and when assessing applications for the provision of services.
As a place of delivery, the address applies that the consumer has made known to MVB Branding.
With due observance of what is stated in Article 4 of these General Terms and Conditions, MVB Branding will perform accepted orders with a competent emergency but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, MVB Branding will immediately repay the amount that the consumer paid.
The risk of damaging and / or loss of products is based on MVB Branding until the moment of delivery to the consumer or a representative known to MVB branding, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, cancellation and extension

Cancellation:

The consumer can have an agreement that has been entered into indefinitely and that strollers delivered to products or services, at all times
Cancel with due observance of agreed cancellation rules and a notice period of no more than one month.

The consumer cancel an agreement that has been entered into for a fixed time and that stretches to the arranged delivery of products or services, at all times at the end of the provisions of the provisions of the limited duration, with due observance of agreed cancellation rules and a notice period of no more than one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
canceling at all times and not limited to cancellation at a specific time or in a certain period;
at least cancel in the same way if these agreements have been entered into by Him;
Always cancel with the same cancellation period as MVB Branding has stipulated for itself.
Extension:

An agreement that has been entered into for a fixed period and that stretches to the regular delivery of products or services may not be tacitly extended or renewed for a limited duration.
By way of derogation from the previous paragraph, an agreement that has been entered into for a limited period of time may be tacitly extended for a certain duration of up to three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of no less than one month.
An agreement that has been entered into for a fixed time and that stretches to the regulated delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at all times with a notice of notice of no more than one month.
Expensive:

If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time with a notice period from a maximum of one month after a year, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 - Payment

As far as it is not specified in the Agreement or Additional Terms and Conditions, the amounts due by the consumer must be met within 14 (fourteen) days after entering into the reflection period, or in the absence of a reflection period within 14 (fourteen) days after Closing the agreement. In the event of an agreement to grant a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be required in general terms and conditions until prepayment of more than 50%. When prepayment has been stipulated, the consumer cannot afford any right regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
The consumer has the duty to report inaccuracies in MVB branding without delay in provided or stated payment details.
If the consumer does not meet his payment obligation (s) in time, after he has been pointed out by MVB Branding to the late payment and MVB Branding the consumer has awarded a period of 14 (fourteen) days to meet his payment obligations , after the absence of payment within this 14-day period, due to the amount still due to the statutory interest and MVB branding is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% over outstanding amounts to € 2,500; 10% on subsequent € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. MVB Branding may deviate from said amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure


MVB Branding has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be completely and clearly defined within skilled time after the consumer has identified the defects to MVB branding.
Complaints submitted to MVB branding are recognized within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, MVB Branding is answered within the term of 14 (fourteen) days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 - Disputes

Only Dutch law applies to agreements between MVB Branding and the consumer to which these general terms and conditions relate. All disputes arising from the agreement and / or these General Terms and Conditions will be submitted to the competent court of the district where MVB Branding office holds.

Article 18 - Additional or deviating provisions


In addition to these general terms and conditions, provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that they can be stored in a sustainable data carrier by the consumer in an accessible manner.