TERMS AND CONDITIONS: STORE
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the company
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 right of withdrawal
Article 9 - The price
Article 10 - Compliance
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Giftcards
Article 14 - Warranty
Article 15 - Complaints procedure
Article 16 - Liability
Article 17 - Disputes
Article 18 - Copyright
Article 1 - Definitions
In these conditions the following is understood:
Entrepreneur .: the company Melolelo;
Buyer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur .;
Distance agreement: an agreement whereby, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for distance communication;
Right of withdrawal: the possibility for the buyer to waive the distance contract within the cooling-off period;
Durable data carrier: any means that the buyer or entrepreneur. allows to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the company
Melolelo
Kleiweg 43C
2801GC Gouda
The Netherlands
Email address: info@melolelo.store
Chamber of Commerce number: 65495837
VAT identification number: NL002471037B27
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the buyer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the buyer and that they will be sent free of charge at the request of the buyer.
Additions to or deviations from these general terms and conditions only apply if they have been expressly accepted in writing by the entrepreneur. The other provisions of these general terms and conditions will remain in full force in that situation.
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Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If the entrepreneur uses images, they are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
2. Each offer contains such information that it is clear to the buyer what rights and obligations are involved in accepting the offer.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the buyer of the offer and compliance with the corresponding conditions.
2. If the buyer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the buyer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself within legal frameworks - whether the buyer 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. The buyer can terminate an agreement with regard to the purchase of a product during a cooling-off period of 14 days without giving reasons, provided that the packaging of the product has been left unopened and is fully sealed
2. The cooling-off period referred to in paragraph 1 commences on the day following the conclusion of the agreement.
When the product is received damaged, the Buyer has the option to dissolve the agreement within the stipulated period of 14 days. This period commences after the Buyer has received the product.
3. The buyer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
4. If the buyer makes use of his right of withdrawal, he will report this within the cooling-off period by means of the return link already sent to the buyer for withdrawal or otherwise unambiguously to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4, the buyer returns the product, or hands it over to the entrepreneur. The buyer has in any case observed the return period if he returns the product before the cooling-off period has expired.
5. The buyer returns the product with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
6. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the buyer.
7. The buyer bears the direct costs of returning the product, unless the entrepreneur has not reported that the buyer must bear these costs or if the entrepreneur indicates to bear the costs himself.
If the buyer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 7 - Costs in case of withdrawal
1. If the buyer exercises his right of withdrawal, the direct costs of return will be borne unless the product is delivered damaged. In addition, € 5.00 processing and administration costs are charged when returning poster (s).
2. The entrepreneur reimburses all payments from the buyer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the buyer reports the withdrawal. Unless the entrepreneur offers to collect the product herself, he may wait with repayment until she has received the product or until the buyer can demonstrate that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the buyer has used for repayment, unless the buyer agrees to a different method. The refund is free of charge for the buyer.
4. If the buyer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 8 - Exclusion of right of withdrawal
If the buyer does not have a right of withdrawal, this will be excluded by the entrepreneur if the entrepreneur has stated this in the offer, at least in time for the conclusion of the agreement.
The right of withdrawal never applies to products: a) that have been created by the entrepreneur in accordance with the buyer's specifications; b) that are clearly personal in nature; c) that cannot be returned due to their nature;
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b. the buyer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of products or services are exclusive of VAT, unless stated otherwise.
Article 10 - Compliance
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. The buyer accepts that the production method of the entrepreneur can change the properties of the supplied image (s), such as color, contrast, brightness, sharpness and graphic representation.
Article 11 -Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2. If the entrepreneur cannot deliver due to force majeure in accordance with the agreement, the entrepreneur will notify the buyer as soon as possible, without being obliged to pay any compensation.
3. In case of force majeure, after consultation with the buyer, the entrepreneur can dissolve the agreement or suspend the delivery until the time when the force majeure situation ceases to exist.
4. Shortcomings of the entrepreneur in the fulfillment of the agreement with the buyer cannot be attributed to the entrepreneur if they are not due to its fault, nor are it for the account of the law, the agreement or prevailing traffic.
5. The place of delivery is the address that the buyer has made known to the entrepreneur. The entrepreneur is not liable for any damage that the buyer might suffer as a result of the late delivery by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until delivery to the buyer, unless expressly agreed otherwise. If the product is damaged during transport, the liability of the entrepreneur is limited to a maximum of the amount reimbursed by the carrier and / or his insurer.
Article 12 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owned by the buyer must be paid in advance. In the event of an agreement to provide a service, the amounts owed by the buyer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the closing of the cooling-off period. agreement. this period commences on the day after the buyer has received confirmation of the agreement.
2. The entrepreneur offers the possibility to pay in advance through iDEAL, Klarna, PayPal or credit / Debitcard. The buyer must pay 100% of the amount due in advance. If prepayment is stipulated or the buyer agrees to full payment in advance, the buyer cannot assert any rights with regard to the execution of the order or service (s) concerned before the stipulated prepayment has been made.
3. The buyer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the buyer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the buyer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by her. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40.
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Article 13 - Giftcards
1. Giftcards are valid for 12 months starting from date of purchase. Unused values will not be refunded or attributed to any transactions after the expiry date.
2. Giftcards can be redeemed against all products only at Melolelo.store.
3. Giftcards cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new giftcard or be replaced after expiry and are not legal tender, credit or debit cards or securities.
4. If your purchase exceeds the value of the giftcard, balance must be paid by iDEAL, Klarna, Credit /Debitcard or PayPal.
5. If you return any products you have purchased using a giftcard, the balance will be credited to you as a credit note and is to be redeemed against subsequent purchases.
6. Giftcards cannot be replaced if lost or stolen. If you suspect an unauthorised activity, immediately report this entrepeneur by email info@melolelo.store providing all details including proof of purchase, gift voucher number and a photo ID for verification purposes.
7. Entrepreneur reserves the right to cancel a giftcard if deemed such action necessary. If so, entrepreneur may either provide a replacement giftcard of equivalent value unless entrepreneur suspects fraud in relation to a giftcard. The giftcard remains entrepreneur's property.
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Article 14 - Warranty
1. If the product shows a design, material or manufacturing defect, the buyer is entitled to repair or replacement of the product. The buyer is only entitled to replacement if repair of the product is not possible.
2. No warranty applies to damage caused by incorrect use or application of the delivered products.
3. The proof of purchase (order confirmation after payment) counts as a guarantee certificate. 4. If repair or replacement is impossible, the entrepreneur has the right to dissolve the agreement and to fully credit the buyer.
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Article 15 - Complaints procedure
1. Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, after the buyer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the buyer can expect a more detailed answer.
Article 16 - Liability
1. The entrepreneur is not liable for damage of any kind that arises because the products are used improperly after delivery.
2. The entrepreneur is not liable for damage of any kind that arises from the use of the product by the buyer, unless this damage is due to intent or gross negligence of the entrepreneur.
3. If the entrepreneur is liable for damage to the buyer as a result of a shortcoming in the implementation of this agreement, the entrepreneur's liability will be limited to a maximum of the amount of the purchase price.
Article 17 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - Copyright
1. All rights to the products offered by the entrepreneur are reserved. None of the products purchased by the buyer may be reproduced, stored in an automated database and / or made public in any form or by any means, whether electronic, mechanical, by photocopying, recording or any other way, without the express prior written consent of the entrepreneur.
2. If the buyer wants to use the purchased products more often, in a reprint or in extra material, or if he wants to sell abroad, for example, the entrepreneur will first be contacted about this, and if necessary, the compensation mentioned in paragraph 1 of This article is intended to be granted permission.
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