Article 1. Definitions
These terms and conditions include:
1. Entrepreneur: The natural or legal person who offers products and / or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of occupation or business and a distance contract with the entrepreneur;
3. Remote Agreement: An agreement whereby, in the context of a system of distance selling of products and / or services, organized by the entrepreneur, exclusive use is made of one or more communication techniques on Distance;
4. Remote communication technology: means that can be used to conclude an agreement, without the consumer and the entrepreneur coming together in the same space;
5. Prayer period: The term within which consumers can make use of their right of withdrawal;
6. Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the concealment period;
7. Day: calendar day;
8. Duration transaction: a distance agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
9. Sustainable data carrier: Any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2. Identity of the entrepreneur
Mobile Fashion BV / MobielFashion.nl
Info @ m obielfashion.nl
VAT number NL 8545.42.036.B01
Article 3 - Applicability
1. These terms and conditions apply to any offer of the entrepreneur and to any agreement reached between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available electronically to the consumer in such a way that the Consumers can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and, in the case of contradictory terms and conditions, the consumer may always rely on the applicable provision which is for him Most favorable.
Article 4. The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
· The price including taxes;
· The possible costs of delivery;
· The manner in which the agreement will be established and what action is required for this
· Whether or not to apply for the right of withdrawal;
· The method of payment, delivery or execution of the agreement;
· The time limit for acceptance of the offer or the time limit for price fixing;
· The height of the distance communication fee if the cost of using the remote communication technology is calculated on a basis other than the base rate;
· If the agreement is archived after the creation, how it is consulted for the consumer;
· The manner in which the consumer can get informed of unsolicited acts for the conclusion of the agreement and the way in which he can recover it before the agreement is concluded.
· The possible languages in which, in addition to the Dutch, the agreement can be concluded;
· The codes of conduct to which the entrepreneur has been subject and the manner in which the consumer can consult these codes of conduct by electronic means; and
· The minimum duration of the remote agreement in case of an agreement that involves continuous or periodic delivery of products or services.
Article 5. The agreement
1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed, the consumer can terminate the agreement.
3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
4. The entrepreneur may, within legal frameworks, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
5. The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
A. The visiting address of the business owner's location where the consumer is entitled to complaints;
B. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
C. The information about existing post-purchase service and warranty services;
D. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
6. If the entrepreneur has undertaken to provide a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a. Right of withdrawal for delivery of products
1. When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for seven working days. This period expires on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b. Right of withdrawal on delivery of services
1. On delivery of services, the consumer has the opportunity to dissolve the agreement without giving reasons for seven working days, commencing on the date of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the supply and / or appearance at the time of delivery.
Article 7. Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, the reimbursement costs will be at the highest.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but not later than 30 days after the return or cancellation.
Article 8. Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this entrepreneur may only exclude the specified entrepreneur clearly from the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
(A) made by the entrepreneur in accordance with consumer specifications;
B) which are clearly personal in nature;
C) which can not be returned by their nature;
D) spoil or age soon;
(E) the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
F) for newspapers and magazines
G) For audio and video recordings and computer software whose consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
(A) to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
(B) the delivery of which has been expressly agreed with the consumer before the period of reflection has expired;
C) regarding bets and lotteries.
Article 9. The price
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, subject to price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur is not affected by variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stated this and:
(A) they are due to statutory provisions or provisions; or
(B) the consumer has the power to terminate the contract by the date of the price increase.
5. Prices mentioned in the offer of products or services include VAT.
Article 10. Conformity and Warranty
1. The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory statutory date of the agreement. Provisions and / or government regulations.
2. An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can claim in the performance of the obligations of the entrepreneur against the entrepreneur under the law And / or the remote agreement.
Article 11. Delivery and execution
1. The entrepreneur shall take the utmost care with regard to the receipt and execution of orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has notified to the company.
3. With due regard to what is stated in article 4 of these terms and conditions, the company will carry out accepted orders at an accelerated rate, but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a notice within one week of placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and the right to any damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.
5. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded.
6. The risk of damage and / or loss of products is based on the moment of delivery to the consumer by the entrepreneur, unless explicitly agreed otherwise.
Article 12. Duration transactions
1. The consumer may at any time terminate an agreement entered into indefinitely in accordance with agreed notice of termination and a notice period of no more than one month.
2. A fixed-term agreement has a term of up to two years. If it has been agreed that, in the event of consumer silence, the agreement will be renewed at a distance, the agreement will be continued as an indefinite agreement and the notice period will be a maximum of one month after continuation of the agreement.
Article 13. Payment
1. Unless agreed upon later, the amounts owed by the consumer must be paid within fourteen days after placing an order.
2. In the case of the sale of products to consumers, in general terms, no advance payment of more than 50% may be required. When prepayment is made, the consumer can not make any right regarding the execution of the order or service (s) concerned before the prepaid payment has taken place.
3. The consumer is obliged to notify the entrepreneur without delay of any incorrect or reported payment information.
4. In the event of non-payment of the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
Article 14. Complaints
1. The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
Article 15. Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and / or the Internet site relate to Mobiel Fashion BV, its suppliers or other proprietors.
Article 16. Personal Data.
Article 17. Applicable law and competent court.
On all offers of Erhan telecom, its agreements and the implementation thereof, only Dutch law applies. Applicability of the Vienna Sale Convention is expressly excluded.
Article 18. Links
Article 19. Your rights
You can always ask Mobiel Fashion BV what information is processed about you. To do this, you can send an email. Alternatively, you can request an email to Mobiel Fashion BV to make improvements, additions or other corrections that Mobile Fashion BV will process as soon as possible. If you do not appreciate the receipt of information, you can inform Mobiel Fashion BV of this. Transmission of information will only happen if you have provided your e-mail address.
Article 20. Additional or derogatory provisions
Additional or different provisions from these Terms and Conditions may not be detrimental to the consumer and must be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable data carrier.