General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: a calendar day.
Long-term 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.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication.
Means of distance communication: a medium that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the contract is concluded, that the terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remaining provisions shall remain in full force and effect, and the parties shall consult to agree on a new provision that approximates the purpose and intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these terms shall also be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

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 is non-binding. The entrepreneur is entitled to modify or amend the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or termination of the contract. Product images are a true reflection of the offered products. However, the entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to the acceptance of the offer, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and are the responsibility of the customer. The postal and/or courier service will, with respect to importation, apply the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance fee) from the recipient of the goods;

  • any shipping costs;

  • the method by which the agreement will be concluded and which actions are required for that purpose;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance of the contract;

  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs for using the communication technique are calculated on a basis other than the regular basic rate for the used communication medium;

  • whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided;

  • the available languages, besides Dutch, in which the contract can be concluded;

  • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and

  • the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

The entrepreneur may—within the limits of the law—verify whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The entrepreneur shall send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with the product or service to the consumer:

  • the physical business address of the entrepreneur’s establishment where the consumer can submit complaints;

  • the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information on guarantees and existing after-sales services;

  • the data referred to in Article 4(3) of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract;

  • the conditions for termination of the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.

If the consumer exercises the right of withdrawal, the consumer shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous way.

After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of dispatch.

If the consumer has not notified the entrepreneur of the use of the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in this article, the purchase shall be considered final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the entrepreneur or conclusive proof of complete return has been supplied. The refund shall be made using the same payment method the consumer used for the original transaction, unless the consumer has explicitly agreed otherwise.

If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any reduction in value of the product.

The entrepreneur is not liable for damage, theft, or loss of returned products.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3 below. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

  • that have been made by the entrepreneur according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal;

  • for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;

  • the delivery of which has begun with the express consent of the consumer before the withdrawal period has expired;

  • relating to betting and lotteries.

Article 8 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • these are the result of statutory regulations or provisions; or

  • the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur shall not be obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company Name: TVK04
Business Address: Schelling 29
Email: info@mozalu.com
Chamber of Commerce  Number: 98898493
VAT Identification Number: NL005362644B82

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty 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.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;

  • The defect is wholly or partly the result of regulations set or to be set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care in receiving orders and executing product deliveries.

The place of delivery shall be the address provided by the consumer to the company.

Subject to what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation if applicable.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

  • Terminate the agreements mentioned above at any time and shall not be limited to termination at a specific time or during a specific period;

  • At least terminate them in the same way as they were concluded;

  • Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements extending to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must 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 for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur shall, within 14 days, acknowledge receipt and provide an indication of when the consumer can expect a detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to the dispute resolution procedure.

Filing a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur expressly states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products at no cost.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and reinforced from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (implementing the Payment Services Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.