Terms of service
Article 1 - Definitions
In these general terms and conditions, the following definitions shall apply:
Withdrawal period: the period during which the consumer may exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or commercial activity who concludes a distance contract with the entrepreneur;
Day: calendar day;
Transaction of duration: a distance contract for a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable data medium: any means enabling the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the information stored.
Right of withdrawal: possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Contractor: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: agreement whereby, as part of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Distance communication techniques: means that can be used to conclude a contract without the consumer and the entrepreneur meeting in the same room at the same time.
General conditions: the present general conditions of the contractor.
Article 2 - Identity of the contractor
Company name: Mevo E-commerce - Julie Paris
Chamber of Commerce number: 94882797
Company name: Mevo E-commerce - Julie Paris
VAT number: NL005115606B87
Customer service mail: info@julieparis.com
Company address: IJsselmeer 4, 2673 XA, NL.
Article 3 - Applicability.
These general terms and conditions apply to every offer by the contractor, every distance contract and every order concluded between the contractor and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be consulted at the premises of the entrepreneur and that they will be sent to the consumer free of charge as soon as possible on request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
If specific conditions relating to products or services apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is more favourable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these general terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay, by mutual agreement, by a provision which comes as close as possible to the purpose of the original provision.
Situations not provided for in these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
Uncertainties as to the interpretation or content of one or more provisions of our general terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The contractor has the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the entrepreneur uses images, these must accurately represent the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the contractor.
All images, specifications and data contained in the offer are indicative and may not constitute grounds for compensation or termination of the agreement.
The images of the products are a faithful representation of the products offered. The operator cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information such that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This applies in particular to
the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and at the risk of the Customer. The postal and/or courier service will use the special regulations for postal and courier services in respect of imports. This applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (whether or not it is added to the customs clearance charges invoiced) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the actions required to this end;
whether or not there is a right of withdrawal;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period during which the trader guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic tariff for the means of communication used;
the storage of the contract after it has been concluded and, where applicable, the way in which it may be consulted by the consumer;
the way in which the consumer may, before the conclusion of the contract, check and, where appropriate, rectify the data he has provided in connection with the contract;
the languages other than Dutch in which the contract may be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer may consult these codes of conduct by electronic means; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: sizes available, colours, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the contract takes effect when the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the contractor will take appropriate security measures.
The entrepreneur may - within the limits of the legal framework - inquire into the consumer's ability to fulfil his payment obligations, as well as into all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the agreement, he has the right to refuse an order or request or to attach special conditions to its performance, giving reasons for his decision.
The entrepreneur shall attach the following information to the product or service supplied to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
- the visiting address of the entrepreneur's establishment where the consumer may lodge his complaints ;
- the conditions and procedures for exercising the consumer's right of withdrawal or, where appropriate, clear information on exemption from the right of withdrawal;
- information on existing guarantees and after-sales services;
- the information referred to in Article 4(3) of these general terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;
- the conditions for terminating the contract if it is for more than one year or for an indefinite period.
In the case of a transaction with a duration, the provision of the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of withdrawing from the contract without giving any reasons for a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and brought to the attention of the contractor.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all the accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor.
If the consumer wishes to exercise his right of withdrawal, he must notify the contractor within 14 days of receipt of the product. The consumer must make this known in writing or by e-mail. Once the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned to their place of origin in good time, for example by means of proof of dispatch.
If the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the contractor by the end of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by him.
If the consumer has paid an amount, the contractor will reimburse this as soon as possible, but at the latest within 14 days of the withdrawal. This is provided that the product has already been received by the entrepreneur or that conclusive proof of a complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only be valid if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products that
- which have been created by the trader according to the consumer's specifications ;
- are clearly of a personal nature
- cannot be returned due to their nature
- which are damaged or age rapidly;
- whose price is subject to fluctuations on the financial market that are beyond the control of the entrepreneur;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services concerning
- concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period ;
- where delivery has begun with the consumer's express agreement before the end of the withdrawal period;
- concerning betting and lotteries.
Article 9 - The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market beyond its control, with variable prices. This link with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they result from legal provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the contractor has so stipulated and :
- they result from legal provisions or stipulations; or
- the consumer is entitled to withdraw from the contract on the day on which the price increase takes effect.
In accordance with article 5, paragraph 1, of the 1968 law on turnover tax, the place of delivery is in the country where transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or customs clearance charges from the customer. Consequently, no VAT will be charged by the contractor.
All prices are subject to printing errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of reliability and/or ease of use and the legal and/or regulatory provisions in force at the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer shall not affect any legal rights and claims which the consumer may have against the trader on the basis of the agreement.
Any defective or incorrectly delivered product must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The contractor's warranty period is the same as the factory warranty period. However, the contractor is never responsible for the final suitability of the products for each individual consumer application, nor for any advice regarding the use or application of the products.
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 products delivered have been exposed to abnormal conditions or treated negligently or contrary to the instructions of the contractor and/or the packaging;
The defect is wholly or partly the result of regulations that the government has established or will establish with regard to the nature or quality of the materials used.
Article 11 - Delivery and installation
The contractor will take the utmost care in receiving and carrying out orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders with reasonable speed, but at the latest within 30 days, unless the consumer has agreed a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to cancel the contract free of charge and to claim any damages.
In the event of cancellation in accordance with the previous paragraph, the contractor will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of cancellation.
If delivery of an ordered product proves impossible, the contractor will endeavour to supply a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of returning the goods shall be borne by the contractor.
The risk of damage to and/or loss of the products shall be borne by the Contractor up to the time of delivery to the consumer or to a representative appointed in advance and brought to the Contractor's attention, unless expressly agreed otherwise.
Article 12 - Duration of transactions: term, termination and extension
Termination
The consumer may terminate an open-ended contract concluded for the regular delivery of products (including electricity) or services at any time, subject to the applicable termination rules and a maximum notice period of one month.
Consumers may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.
Consumers may terminate the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or within a specific period;
at least terminate them in the same way as they were concluded by him;
always terminate with the same period of notice as that set by the contractor.
Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be extended or tacitly renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate the renewed contract towards the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time by giving notice of not more than one month, and by giving notice of not more than three months if the contract relates to the regular supply, but less than once a month, of daily or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines on an introductory basis (trial or introductory subscription) does not continue tacitly and terminates automatically at the end of the trial or introductory period.
Contract duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a maximum of one month's notice, unless it is reasonable and fair not to terminate before the end of the agreed period.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6, paragraph 1. In the event of an agreement on the provision of a service, this period shall begin to run once the consumer has received confirmation of the agreement.
The consumer has a duty to notify the contractor immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the agreement must be submitted to the contractor within 7 days, with a full and clear description, after the consumer has noticed the defects.
Complaints submitted to the contractor will receive a response within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the contractor will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises and is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the contractor, unless the contractor indicates otherwise in writing.
If a complaint is deemed valid by the contractor, the contractor will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
For agreements between the contractor and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad. Even if the consumer resides abroad.