Terms & Conditions IAMMOZI

Contents:
Article 1 – Definitions
Article 2 – Identity of the operator
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 and warranty
Article 11 – Delivery and implementation
Article 12 – extended duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or different terms

 

Article 1 – Definitions

 

In these conditions apply:
1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
3. Day: calendar day;
4. Transaction Duration: a distance contract with respect to a series of products and / or services, which the delivery and / or purchase is spread in time;
5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
7. Model form: the model withdrawal form which allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal products and / or remote services to consumers;
9. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;
10. Technique for distance communication: a means that can be used for the conclusion of a contract, without the consumer and trader being simultaneously in the same space.
11. General Conditions: the General Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

 

Monique Molenaar Haak owner IAMMOZI
Middenweg 302, 1701 DA Heerhugowaard
Phone: 06 138 40 416
Email: info@Iammozi.com
Commercial Register: 67,695,388
VAT identification number: 184582660B01

 

Article 3 – Applicability

 

1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
2. Before the agreement is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the contract is concluded, indicated that the terms appearing in the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.

  1. If the agreement is concluded electronically distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumers can be stored in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
  2. In the event that in addition to these general conditions also specific product or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can’t, in the event of conflicting terms always rely on the applicable provision for him is most favorable.
  3. If one or more conditions in these general conditions will be at some time or destroyed, in whole or in part, null and void, then continues to the terms and conditions stated for the rest position and will in the particular assay in concert to be replaced without delay by a requirement that the scope of the original approach as much as possible.
  4. Situations that are not covered by these general conditions should be assessed ‘in the spirit of these terms and conditions.
  5. Uncertainties over the interpretation or content of one or more provisions of our terms should be interpreted “in the spirit of these terms and conditions.

 

Article 4 – The offer

 

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change the offer and adapt.
3. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
4. All images, data specifications in the offer are indicative and may not lead to damages or rescission of the contract.
5. Images on products are a true representation of the products. Entrepreneur can’t guarantee that the colors displayed exactly match the actual colors of the products.
6. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
• the price including taxes;
o any costs of delivery;
o how the agreement will be achieved and what actions

o if the contract is filed after conclusion, and if so how

o, the method of payment, delivery or performance of the contract;
o The deadline for accepting the offer, or the period within which the
o honoring the price;
o the size of the tariff for distance communication if the cost of using
o the means of communication are calculated remotely on another
o be accessed by the consumer;
o the available sizes and colors

 

Article 5 – The contract

 

1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can – within the law – to inform the consumer’s ability to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

  1. The entrepreneur will the consumer to the product or service 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 medium, send:
    a. The address of the establishment of the business where consumers can lodge complaints;
    b. the conditions and how the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information about guarantees and after sales service;
    d. The information contained in these conditions in Article 4 paragraph 3, unless the operator this information already provided to the consumer before the execution of the agreement;
    e. the requirements for termination of the agreement if the agreement has a duration of more than one year or for an indefinite period of time.
    6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
    7. Each agreement is entered into under the condition precedent of sufficient availability of the products.

 

Article 6 – Right Of Withdrawal in case of delivery of products

 

1. When purchasing products, the consumer has the option contract without giving any reason to dissolve for 14 days. This cooling-off period commences on the day after the date of receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.

2. During the cooling-off period the consumer will treat the product and packaging. He will only unpack or use as necessary, in order to be able to decide whether or not the product is to be maintained. If he exercises his right of withdrawal, will the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to return the entrepreneur, according to information provided by the operator reasonable and clear instructions provided.

3. If the client wishes to exercise his right of withdrawal, he shall be obliged, within 14 days after the date of receipt of the product, to make known to the trader. It is known to make the consumer, and to do so using the form. Once the consumer has made known that they wish to exercise the right of withdrawal the customer must return the product to us within 14 days and return to us. The consumer is then required to prove that the delivered goods are returned on time, for example, by means of a proof-of-delivery.

  1. If the customer after the unknowable periods specified in paragraph 2 and 3, to want to make use of his right of withdrawal, respectively. the product has not returned to the entrepreneur, the purchase is a fact.
    In service delivery:
    5. In service delivery, the consumer has the option to terminate the agreement without giving any reason for 14 days starting on the day of entering into the agreement.
    6. To exercise his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

 

Article 7 – Costs in case of withdrawal

 

1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund. It is the condition that the product has already been received back may be submitted by the merchant or conclusive evidence of complete return.

 

 

Article 8 – Exclusion of right of withdrawal

 

1. The operator may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the trader in accordance with the consumer’s specifications.
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that spoil or become obsolete;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f.  for individual newspapers and magazines;
g. audio and video recordings and computer software that the consumer has broken the seal.

  1. hygiene products for which the consumer has broken the seal.
    4. Exclusion of the right of withdrawal is only possible for services:
    a regarding accommodation, transport, catering or leisure services on a specific date or during a given period.
    b. which supply with the express consent of the consumer before the period has expired;
    c. betting and lotteries.

 

Article 9 – The price

 

1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and
a they are the result of legislation or regulations; or
b. the consumer is authorized to terminate the agreement with effect from the date the increase takes effect.
5. The rates in the supply of products or services include VAT.
6. All prices are subject to pressure – errors. For the consequences of pressure – and misprints no liability is accepted. With pressure – errors the trader is not obliged to deliver the product according to the erroneous price.

 

Article 10 – Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of establishment of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract may enforce against the trader money.
3. Any defects or faulty goods should be reported in writing within 4 weeks after delivery to the entrepreneur. Return of the goods must be in original packaging and in new condition.

  1. Entrepreneur warranty matches the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
    5. The guarantee does not apply if:
    o The consumer has repaired the products themselves and / or processed or
    has repaired and / or modified by third parties;
    o The products supplied have been exposed to abnormal conditions or otherwise
    careless handling or contrary to the instructions of the operator and / or packaging are handled;
    o The defective in whole or in part the result of regulations that the
    stated government or will make regarding the nature or quality of the materials used.

 

Article 11 – Delivery and implementation

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in paragraph 4 of this Article, the company will implement accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.
4. All liver are indicative. The consumer has no rights any time limits. A term is exceeded, the consumer is not entitled to compensation.
5. In case of dissolution in accordance with the paragraph 3 of this Article, the operator the amount that consumers paid as soon as possible but no later than 14 days after repudiation.

  1. If delivery of an ordered product proves impossible, the trader will endeavor to make another product proposal. After approval of the consumer are the conditions as mentioned above apply. The consumer is free to turn down the proposal. That the contract is terminated. The operator will then refund the amount paid as soon as possible to consumers, but to repay within 14 days after termination.
    7. The risk of damage and / or loss of products rests with the employer until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.

 

Article 12 – Extended duration transactions: duration, termination and prolongation

Termination

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, withdraw by the end of the fixed term in compliance with the applicable termination rules and a notice not exceeding one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
denounce o at any time and are not limited to termination at a certain time or a certain period;
o at least terminate in the same manner as they are entered by it;
o Cancel at the same notice as the company has negotiated for itself.

 

Extension
4. A contract is entered into for a certain period of time, and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
5. Contrary to the previous paragraph, a contract for a fixed period has been entered into, and which extends to the regular supply of daily and weekly newspapers and magazines to be automatically renewed for a fixed period of up to three months, when the consumer this extended may cancel the contract at the end of the extension with a notice period of one month.
6. A contract for a temporary period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of one month and a notice of maximum of three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
7. An agreement with a limited duration of the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is no implied continued and automatically ends at the end of the trial or introductory.

Duration
8. If a contract has a duration of more than one year, the consumer contract after one year may withdraw a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed resist expensive.

 

Article 13 – Payment

 

1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
2. The consumer is obliged to report immediately to the trader inaccuracies in the payment details.
3. In case of default by the consumer, the operator subject to legal restrictions, the right to charge the reasonable costs to the consumer.

 

Article 14 – Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the entrepreneur, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur to be within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

  1. If the complaint can’t be solved by mutual agreement, a dispute arises which is subject to dispute.
    5. In case of complaints primarily a consumer should contact the entrepreneur. For complaints that can’t be solved by mutual agreement, the consumer should turn to Foundation Webwinkelkeur (www.webwinkelkeur.nl), will mediate free. Should there not yet come to a solution, the consumer has the possibility to deal with his complaint by the Stichting Webwinkelkeur appointed independent arbitration committee, the utterance of this is binding and both entrepreneurs and consumers agree with this binding judgment. To submit a dispute to the arbitration board are costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints through the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur, unless the operator specifies otherwise.
    7. If a complaint is accepted by the entrepreneur, the entrepreneur at its option or the goods delivered will replace or repair without charge.

 

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.
2. The Vienna Convention is not applicable.

Article 16 – Additional or different terms

different terms Additional or of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

 

 

 

 

 

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