TERMS AND CONDITIONS

TERMS AND CONDITIONS

When placing an order on our website, the following Terms and Conditions apply.

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 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Duration agreement: an agreement that extends to the regular delivery of goods during a certain period;
  6. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
  7. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication;
  8. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

ARTICLE 2 - IDENTITY OF THE COMPANY

Trade name: Moulatti

Website: www.moulatti.com

Email: info@moulatti.com

Chamber of Commerce number: 87899507

VAT identification number: NL864441769B01

ARTICLE 3 - APPLICABILITY

  1. These general terms and conditions apply to every offer and to all agreements and deliveries of Moulatti.
  2. If the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically 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, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, these terms and conditions apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

ARTICLE 4 - THE OFFER

  1. Offers are valid while stocks last.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. When Moulatti uses images, they are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on Moulatti.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

ARTICLE 5 - THE AGREEMENT

  1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set by Moulatti.
  2. If the consumer has accepted the offer electronically, Moulatti will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Moulatti, the consumer can dissolve the agreement.
  3. Moulatti can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If Moulatti has good reasons not to enter into the agreement on the basis of this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as the payment of a down payment.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product;
    • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    • in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
  3. The direct costs for the return shipment are for the account of the customer. The customer must therefore bear the return costs himself.
  4. Within the withdrawal period referred to in paragraph 1, the customer will handle the product and packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go further than what the customer could do in a physical store.
  5. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
  6. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by emailing info@moulatti.com.

 

ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL

  1. If Moulatti enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
  2. Moulatti will reimburse all payments made by the consumer, excluding any delivery costs charged by Moulatti for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
  3. Moulatti uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

 

ARTICLE 11 - THE PRICE

  1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, Moulatti may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which Moulatti has no influence. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
  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.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the product range include VAT.

 

ARTICLE 12 - PERFORMANCE AGREEMENT AND WARRANTY

  1. Moulatti guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Moulatti also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by Moulatti, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. If Moulatti considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the customer for the product.

 

ARTICLE 13 - DELIVERY AND PERFORMANCE

  1. Moulatti will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with Moulatti until the moment of delivery to the consumer or a representative designated in advance and made known to Moulatti, unless expressly agreed otherwise.

 

ARTICLE 15 - PAYMENT

  1. Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer 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 conclusion of the agreement.
  2. If the consumer does not fulfill his payment obligation(s) in time, after Moulatti has informed him of the late payment and Moulatti has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure of payment within this 14-day period, the statutory interest will be owed on the amount still due and Moulatti is entitled to charge the extrajudicial collection costs incurred by him. 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, =. Moulatti may deviate from the stated amounts and percentages in favor of the consumer.

 

ARTICLE 16 - COMPLAINTS PROCEDURE

  1. If the consumer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of Moulatti's services; then the consumer can submit a complaint to Moulatti by e-mail. See the contact details at the bottom of the Terms and Conditions.
  2. Moulatti will provide the consumer with a response to his complaint as soon as possible, but in any case within 14 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Moulatti will confirm receipt of the complaint within 14 days of receipt and indicate the period within which it expects to provide a substantive or final response to the customer's complaint.

 

ARTICLE 17 - DISPUTES

  1. Agreements between Moulatti and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

 

ARTICLE 18 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must 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.