Terms of service
article 1 - general
These General Terms and Conditions apply to all use of the Moodiesundies.nl and Moodiesundies.com website, to all offers and quotations of Moodies BV and to all agreements that are made between you and Moodies BV.
The latest version of the conditions of sale and general terms and conditions are filed at the Chamber of Commerce, KvK number 82418497 Moodies BV and are leading at all times.
article 2 - offers
2.1 All offers on the website are without engagement, unless explicitly stated otherwise. Offers do not automatically apply to repeat orders.
2.2 Moodies cannot be held to its offers if you could have reasonably understood that the offer contains an obvious mistake or clerical error.
2.3 The prices listed on the website are inclusive of VAT and exclusive of shipping costs. A contribution to shipping costs will be stated to you separately, prior to the time of ordering. This contribution may depend on the order size. The contribution in shipping costs will not be refunded in case of a return.
article 3 - customer and order information
3.1 You must ensure that your data including, but not limited to, email address, address details and bank account number are complete, correct and up to date. You also warrant that you are legally authorized to use the website in any way. You also represent that you are of legal age and/or competent to place the order.
3.2 Moodies guarantees that all your information will be treated with the utmost care and that this information will not be passed on, sold or otherwise made available to third parties without your prior consent.
3.3 Moodies will process your information and include it in its database in order to be able to fulfill its obligations resulting from the contract it has entered into with you and/or to process your request.
3.4 Moodies will use your email address to invite you to review our products. If you no longer wish to receive these, you can indicate this at the bottom of the email via unsubscribe.
3.5. Moodies may use your email address to notify you of certain products and services that may be attractive to you, if You have subscribed to them.
article 4 - formation of the agreement
4.1 The contract is formed by Moodies' receipt of your order. Moodies will also send you a confirmation by email.
4.2 Changing a contract is only possible if expressly accepted by Moodies.
article 5 - delivery
5.1 The order is delivered at the address indicated by you, unless you have indicated on the website that you want to collect the order yourself or that the order has to be delivered at another delivery address. The delivery time will be stated on the site and in the confirmation email after the purchase.
5.2 You are obliged to take delivery of the products purchased at the time you have placed the order or they are made available to you respectively.
5.3 If you refuse to take delivery or neglect to provide information or instructions necessary for delivery, the products intended for delivery will be stored at your risk and expense.
5.4 If you yourself have provided an incorrect or incomplete address for delivery, the additional shipping costs will be at your expense. Also, Moodies is not responsible for lost packages due to the use of incorrect addresses or any failures of the shipping service.
5.5 If a delivery time of 5 days is exceeded, you have the right to cancel the contract free of charge. To do so, you must send an e-mail or letter to Moodies. Any payments made in that case will be returned to you within 10 working days after notification
article 6 - cooling off period
6.1 You are entitled to cancel the contract without giving any reason within 30 days after receipt of the product concerned. Moodies will then return the purchase price within 10 days after receipt of the returned product, provided that the product in question is undamaged, not worn, washed or otherwise clearly used or altered and provided with the unopened original packaging. You can return the product via PostNL.
6.2 If you use the product for the first time and it is not satisfactory, you are entitled to return the product within 40 days after the date of purchase without giving any reason. You can return the product via PostNL.
6.3 The cost of returning the product in question will be at your own expense. We recommend tracking so that you can follow the returned product.
article 7 - warranties
7.1 Moodies guarantees that the products to be delivered meet the specifications listed on the website.
7.2 You must inspect the product delivered (or have it inspected) at the time of delivery, but in any event within as short a period as possible, at the latest within 7 days. In doing so, you should examine whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements applicable to them in normal (commercial) traffic.
7.3 If, within 7 days after delivery, it appears that the products do not comply with the specifications listed on the website, Moodies will ensure, within 14 working days after receipt of the products, that the amount paid by you will be returned. You can also, at your discretion, request Moodies to replace the product in question.
7.4 After expiration of the warranty period mentioned in clause 7.3, Moodies is entitled to charge you for all replacement costs, including administration, shipping and call-out charges.
7.5 The guarantee mentioned in this article expires if the defect is the result of injudicious or improper use or if, without Moodies' written consent, you or third parties have made changes or tried to make changes to the product concerned or have used it for purposes for which the product is not intended.
article 8 - retention of title
Moodies remains the owner of the delivered product until the purchase price has been paid in full.
article 9 - payment
9.1 During the formation of the contract, you determine how the payment will be made. For example, you can choose to pay by credit card or Ideal.
9.2 Moodies only proceeds to delivery and shipment of the product when the payment has been received or when the conditions for subsequent payment have been accepted.
article 10 - collection costs
If you are in default because you do not fulfill your payment obligations, Moodies can claim not only the statutory interest on the amount owed, but also all reasonable costs that Moodies has to make to obtain its claim out of court. The collection costs are set at a minimum of 15% of the principal amount; if Moodies can prove that it had to incur higher costs, these also qualify for compensation.
article 11 - intellectual property rights
11.1 The (intellectual property) rights relating to the website, including the rights to the texts, images, design, data files, photographs and other (stationary and/or moving) visual material, formats, software, trademarks (including domain names) and other materials, are owned by Moodies, its licensors, the manufacturers of the relevant products and/or third parties to whom Moodies is affiliated.
11.2 You may not make (parts of) the website available to third parties in any way and/or reproduce it other than by downloading and viewing it on a single computer and/or printing a single hardcopy.
11.3 In addition, you may not make any changes to the delivered products (as in art 11.1), unless otherwise follows from the nature of the delivered products or is agreed otherwise in writing.
11.4 You may only make a hyperlink to the website if this is done for purely informational purposes. The establishment of a hyperlink for any other purpose, such as a commercial purpose, without an agreement to that effect, is therefore prohibited.
article 12 - liability
12.1 If products delivered by Moodies are defective, Moodies' liability towards you is limited to what is regulated in these General Terms and Conditions under Article 7 (Guarantees).
12.2 Moodies' liability for direct or indirect damage is in any case always limited to an amount equal to the purchase price of the defective product.
12.3 Moodies hereby excludes any liability for any damage whatsoever, direct and/or indirect, in any way caused by and/or resulting from the inability to use the Website, the fact that certain information on the Website is incorrect, incomplete or not up to date and the unlawful use of Moodies' systems, including the Website, by a third party.
12.4 The limitations of liability for direct and/or indirect damage contained in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of Moodies or its subordinates.
article 13 - force majeure
The parties are not bound to comply with any obligation if they are prevented from doing so as a result of a circumstance which cannot be attributed to their fault, and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views.
article 14 - references
The website may contain references (for example, by means of a hyperlink, banner or button) to the websites of third parties. Moodies has no control over these websites. Moodies is not responsible for the content of these websites.
article 15 - miscellaneous
15.1 Any deviations from these General Conditions can only be agreed upon in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
15.2 Moodies' records, subject to proof to the contrary, serve as proof of the requests and/or orders made by you. You acknowledge that electronic communication can serve as evidence.
15.3 Moodies is entitled to transfer the rights and obligations under the contract with you to a third party by a single notification to you.
15.4 If and to the extent that any provision of the General Conditions is nullified or annulled, the other provisions of these General Conditions shall remain in full force and effect. Moodies will then make a new provision to replace the void/terminated provision, taking into account as much as possible the scope of the void/terminated provision.
article 16 - applicable law and competent court.
These General Terms and Conditions are governed by Dutch law. Any disputes shall be submitted to the competent court. These General Conditions can be modified by Moodies at any time. Moodies therefore recommends that you review the General Conditions regularly. For claims in law, all costs of proceedings are for your account. Such as bailiff, lawyer, court clerk fees and litigation costs.
Privacy
We attach great importance to security and privacy. We are also extremely careful with your data. We manage all data ourselves and will never make it available to third parties unless you have given your explicit consent.
If you have ordered something, your address information will be passed on to the transport company that takes care of the delivery of the package.
buy now - pay later
These terms and conditions for Pay Later apply between you and the store where you buy your goods, tickets or services and for which you choose Pay Later as your payment method.
If you choose Pay Later, we offer you the option to pay 0 days after the shipment of your goods or tickets/after the date the service or digital content is available to you. We will transfer our claim against you to Klarna Bank AB ("Klarna"). Klarna will send you a payment order so that you can pay directly to Klarna. For contact details and more information about Klarna, please visit klarna.com.
You only pay when you receive your order!
Klarna offers consumer Purchase Protection, which means that as a consumer, you don't have to pay for your ordered goods until you receive them and that Klarna will help you if you have problems with your purchase.
For more information and instructions, visit:
https://www.klarna.com/be/aankoopbeschermingklarnas-aankoopbescherming-voor-consumenten/
costs and commission
We charge a commission of 0 € per purchase.
reminder fee
If Klarna has not received full payment by the due date shown on the invoice, you must pay reminder fees in accordance with the table below. There is a minimum of 10 days between each reminder.
From To First reminder Second reminder Third reminder
|
van |
tot |
eerste herinnering |
tweede herinnering |
derde herinnering |
| €0 | €4,99 | €0 | €2,00 | €4,00 |
| €5,00 | €9,99 | €0 | €3,00 | €5,00 |
| €10,00 | €19,99 | €0 | €4,00 | €6,00 |
| €20,00 | €49,99 | €0 | €5,00 | €7,00 |
| €50,00 | €99,99 | €0 | €7,00 | €10,00 |
| €100,00 | €499,99 | €0 | €10,00 | €13,00 |
| €500,00 |
|
€0 | €13,00 | €17,00 |
collection costs
If after the third reminder Klarna has not received the total payment, the invoice will be transferred to our collection partner. In this case, an interest rate of 12% per annum or the legal interest rate for late payment in commercial transactions is due by operation of law and without notice of default. In addition, in the event of full or partial non-payment of the debt on the due date, Klarna or the collection partner shall be entitled, ipso jure and without notice of default being required, to liquidated damages of 15% of the invoice amount with a minimum amount of 40 euros per invoice. This fixed compensation is in addition to the reminder costs mentioned above. The interest as well as the damages are due from the due date of the invoice.
credit check and handling of your data by klarna
If you choose Pay Later, Klarna will assess your creditworthiness, which sometimes includes a credit check. Klarna processes your personal data to fulfill our obligations under this agreement and for the additional purposes found in our Privacy Statement. The Privacy Statement is available here and on our website. By using Klarna's services you confirm that you have read this Statement. We process your personal data, for example, to identify you and to perform customer analysis, credit evaluations, marketing and business development. We may also transfer your data to selected partners (such as credit reference agencies), which may be located outside the EU/EEA. You can find more information about data sharing, your rights regarding your data, how to contact us with questions or how to file a complaint with an authority in the Privacy Statement.
Assign
You may not transfer or assign any rights or obligations you have under these Terms. To the extent, whether or not permitted by applicable law, we may transfer or assign these Terms or any right or obligation under these Terms at any time, provided that such transfer or assignment does not change your rights and obligations under these Terms to your detriment.
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