Money Mistress



Algemene Voorwaarden

A Terms and Conditions page is not required by law. This page is therefore optional. The general terms and conditions below are generic.

Adapt it to your company where necessary. When doing so, do not forget to fill in your own company information under article 2.

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information
    enables.
  6. Right of withdrawal: the possibility for the consumer to opt out within the cooling-off period
    of the remote agreement;
  7. Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
  8. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
  9. Remote agreement: an agreement under which, in the context of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion
    of the agreement exclusively uses one or more means of distance communication;
  10. Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time.
  11. Terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

[COMPANY NAME]
[STREET + HOUSE NO]
[POSTCODE + CITY]

Telephone number: [PHONE NUMBER]
E-mail address: [E-MAILADRES]
Chamber of Commerce number: [KVK-NUMBER]
VAT identification number: [VAT IDENTIFICATION NUMBER]

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated
    that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer at his request as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically
    be made in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the
    indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting general conditions
    always rely on the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be mutually
    replaced without delay by a provision that comes as close as possible to the meaning of the original one.
  6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses
    If the entrepreneur makes use of images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions are necessary to do so;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the rate of distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is archived after its conclusion, and if so on which it can be accessed by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
    • any other languages in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been received by the entrepreneur
    confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer enters into the
    can pay, the entrepreneur will take appropriate security measures to this end.
  4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.
    If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, while stating his reasons.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
    • the visiting address of the trader's establishment to which the consumer can address complaints;
    • the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    • the information on warranties and existing after-sales service;
    • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a prior by the consumer
    designated and made known to the entrepreneur representative.
  2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If
    he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable
    and clear instructions.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model form or
    by any other means of communication such as e-mail. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove
    that the delivered items have been returned in a timely manner, e.g. by means of proof of dispatch.
  4. If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

On provision of services:

  1. When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.
  2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the trader.
    or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly authorises another payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, or at least in good time before concluding
    of the agreement, has stated.
  2. Exclusion of the right of withdrawal is only possible for products:
    • created by the entrepreneur in accordance with the consumer's specifications;
    • which are clearly personal in nature;
    • which cannot be returned due to their nature;
    • which can spoil or age quickly;
    • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • for single newspapers and magazines;
    • for audio and video recordings and computer software whose seal has been broken by the consumer;
    • for hygienic products whose seals have been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
    • whose delivery has started with the consumer's express consent before the cooling-off period has expired;
    • On betting and lotteries.

Article 9 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations
    and the fact that any prices quoted are guide prices, are stated with the offer. 
  3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: 
    • they result from statutory regulations or provisions; or
    • the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price. 

Article 10 - Conformity and warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the requirements applicable on the date of conclusion of the contract.
    existing statutory provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. 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 agreement.
  3. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
  4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for
    any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    • the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
    • the defectiveness is entirely or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
    If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 30 days after the order was placed. The consumer has in
    that case the right to dissolve the agreement without costs. The consumer is not entitled to compensation. 
  4. All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement
    article is delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, taking into account the provisions agreed for that purpose
    termination rules and a notice period not exceeding one month.
  2. The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account
    of termination rules agreed for that purpose and a notice period of not more than one month.
  3. The consumer may amend the agreements mentioned in the previous paragraphs:
    • terminate at any time and not be limited to termination at a particular time or period;
    • at least terminate them in the same manner as they were entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a definite period of maximum
    three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period not exceeding one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period
    of not more than one month and a notice period of not more than three months in case the contract extends to the delivery of daily, news and weekly newspapers and magazines on a regular basis, but less than once a month.
  4. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial period.
    or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end
    of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of an agreement to provide
    a service, this period starts after the consumer receives the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
  3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints on the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the period of 14 days.
    replied with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
  5. In case of complaints, a consumer should first turn to the entrepreneur. Should a solution still not be found, the consumer has the option of having his complaint handled by an independent disputes committee, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
  7. If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be accessed by the consumer in an accessible manner.
stored on a durable data carrier.