Terms and Conditions
Mooie Mand Terms and Conditions
Article 1. Definitions
In these general terms and conditions, the following definitions apply: ‘Mooie Mand': the selling party; `consumer`: a counterparty who is a natural person and is not acting in the course of a business or profession, or a client who is acting in the course of a business or profession, in their capacity as end user of the goods delivered; 'consumer purchase': the purchase of movable property, concluded by a seller acting in the course of a trade or profession and a buyer, a natural person, who is not acting in the course of a trade or profession.
Article 2. Applicability of these terms and conditions
2.1. These terms and conditions apply to every offer and every agreement between Mooie Mand and a consumer to which Mooie Mand has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2.2. These terms and conditions also apply to agreements with Mooie Mand for the execution of which third parties must be involved.
2.3. The general terms and conditions apply to all agreements relating to online orders between Mooie Mand and the customer.
2.4. Mooie Mand has the right to change these general terms and conditions and the content of its website at any time.
2. 5. By placing an order, each customer declares, without reservation, that they agree to the general terms and conditions.
2. 6. If one or more of the provisions of these general terms and conditions or any other agreement with Mooie Mand should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new, legally permissible, comparable provision to be determined by Mooie Mand.
2.7. If Mooie Mand allows deviations from these terms and conditions for a short or longer period of time, whether tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with these terms and conditions. You can never assert any rights based on the fact that Mand & Stijl applies the terms and conditions flexibly.
2.8. Mooie Mand's products are for decoration and not for consumption.
Article 3. Identity of the entrepreneur
Mand & Stijl (Mooie Mand is part of Mand & Stijl)
Kwadestaartweg 17, 5752PV Deurne (The Netherlands)
Email address: info@mooiemand.nl
Chamber of Commerce number: 60371366
VAT number: NL853880529B01
Account number: IBAN: NL64ABNA0156644126
BIC: ABNANL2A
Article 4. Ordering procedure
Mooie Mand is an online shop; you can only place orders via our website. After placing your order, you will receive a confirmation email from us. This email will state the total purchase price, including shipping costs, unless otherwise stated.
Article 5. Delivery
5.1. Unless otherwise agreed, delivery will be made by the Mooie Mand delivery service.
5.2. The consumer is obliged to take delivery of the purchased goods at the time they are delivered to them or at the time they are made available to them in accordance with the agreement.
5.3. If the consumer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the items will be stored at the consumer's risk. In that case, the consumer will be liable for all additional costs, including storage costs.
5.4. Unless expressly stated otherwise in the order confirmation, the items delivered by Mooie Mand may differ in size from the sizes stated on the website. This deviation may be caused by the fact that the products are handmade. A minor deviation does not entitle the consumer to refuse to accept the purchased goods, nor to claim any form of compensation or replacement of the delivered goods.
5.5. Mooie Mand strives to deliver within a few days. Delivery will take place within one week of receipt of your payment at the latest. In the unlikely event that your order is no longer in stock after you have placed your order, we will contact you as soon as possible and inform you of the expected delivery time according to Mand & Stijl. If the delivery time exceeds the time we have indicated, you have the right to cancel the order for the product in question.
5.6. In the event of late delivery, the consumer must give Mooie Mand written notice of default and set Mooie Mand a reasonable period in which to fulfil its obligations, or the consumer may cancel the order.
5.7. Mooie Mand packs its products as carefully as possible. Mooie Mand is not liable for any damage to the products during transport. We can also send your goods insured, but this must be indicated in advance to Mand & Stijl.
5.8. Mooie Mand is entitled to send all orders to the address you provide to Mooie Mand, unless you provide Mooie Mand with a different address in writing to which your orders should be sent.
Article 6. Prices and offers
6.1. The prices stated for the items are in euros, including VAT. All items on the website are exclusive of shipping costs.
6.2. Mand & Stijl is not liable for the consequences of typesetting, typing and/or programming errors on its website. No rights can be derived from incorrect price information.
6.3. Offers are only valid while stocks last and during the specified period.
Article 7. Customer database
7.1. If you place an order with Mooie Mand, your details will be included in the Mooie Mand customer database. Mooie Mand complies with the Personal Data Registration Act and will not disclose your details to third parties.
7.2. Mooie Mand respects the privacy of users of the website and ensures that your personal details are treated confidentially.
7.3. In some cases, Mooie Mand uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
Article 8. Copyright
8.1. Mooie Mand products may not be resold under another name without the written permission of Mooie Mand.
8.2. Mooie Mand takes the utmost care when photographing the products sold through the online shop. These photographs are for illustrative purposes only and therefore no rights can be derived from them. The photographs of Mooie Mand may never be used for other purposes by third parties. Permission must always be requested from Mooie Mand for this.
8.3. You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Mooie mand.
8.4. Mooie Mand does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and/or industrial property rights of third parties.
Article 9. Defects; complaint periods
9.1. The consumer must inspect the purchased goods upon delivery - or as soon as possible thereafter. In doing so, the consumer must check whether the delivered goods comply with the agreement, namely:
- whether the correct goods have been delivered;
- whether the delivered item meets the agreed quality requirements or, if these are lacking, the requirements that may be set for normal use.
9.2. If a visible defect or shortcoming is found, the consumer must report this to Mooie Mand within 2 working days of delivery.
9.3. The consumer must report any non-visible defect to Mand & Stijl in writing within 2 working days of discovery, but no later than 1 month after delivery.
9.4. If it is demonstrated that the products do not comply with the agreement, Mand & Stijl has the choice of replacing the products in question with new products upon their return or refunding the invoice value.
9.5. Under the Distance Selling Act, consumers who make purchases via the Internet are entitled to a “cooling-off period” of 14 working days after delivery of the product. Within this period, a product may be returned without giving any reason, in which case the customer must pay the postage costs for returning the product. If you have changed your mind about an order placed via our site and wish to return the goods, please do so immediately after receipt. As shipping is always at the expense and risk of the sender, the package must be properly packaged and sufficiently stamped (insufficiently stamped mail will be refused). If the returned goods are complete, in their original/undamaged packaging and unused, we will refund the purchase price you paid to your account within 5 working days.
9.6. If the right of return is exercised correctly, both parties are obliged to reverse the mutual performances. If the buyer is unable to return the product received, or can only return it in part or in a deteriorated condition, he will have to compensate for the reduction in value. However, this does not apply if the reduction in value is exclusively attributable to the inspection of the product received, as would also have been possible in a shop, for example. The buyer can limit the risk of reduction in value by not using the goods and refraining from actions that affect the value of the product.
The consumer can submit a dispute to the disputes committee via the ODR platform: http://ec.europa.eu/consumers/odr/
Article 10. Payment
The consumer can pay for the order with Ideal or choose the bank transfer option. If choosing the bank transfer option, the consumer must ensure that the full purchase amount, including shipping costs, is credited to our account number 62.52.11.863 within 7 days of receiving the confirmation. If your payment has not been credited within 7 days without notification to the contrary, the order will be cancelled. The products will only be shipped upon receipt of payment. It is also possible to collect the order. Payment upon collection can only be made in cash.
Article 11. Force majeure
11.1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in the law and case law, all external causes, foreseen or unforeseen, over which Mooie Mand has no influence, but as a result of which Mooie Mand is unable to fulfil its obligations.
11.2. Mooie Mand also has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after Mooie Mand should have fulfilled its obligation.
11.3. During force majeure, Mooie Mand's delivery and other obligations will be suspended. If the period during which Mooie Mand is unable to fulfil its obligations due to force majeure lasts longer than 8 weeks, both parties are entitled to terminate the agreement without any obligation to pay compensation in that case.
11.4. If, at the time of the occurrence of force majeure, Mooie Mand has already partially fulfilled its obligations, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or deliverable separately, and the consumer is obliged to pay this invoice as if it were a separate contract.
Article 12. Applicable law and competent court
12.1. All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, are governed exclusively by Dutch law.
12.2. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
