Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are understood as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Duration transaction: a distance contract related to a series of products and/or services, where the delivery and/or receipt obligation is spread over time.
Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: an agreement where, as part of a system for distance selling products and/or services, the agreement is concluded exclusively using one or more techniques for distance communication, up until and including the conclusion of the agreement.
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same place.
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 by the entrepreneur and to every distance contract and order between entrepreneur and consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's location and that they will be sent to the consumer free of charge upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions can be provided electronically in such a way that the consumer can easily store it on a durable data carrier, deviating from the previous sentence. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them. If one or more provisions in these general terms and conditions are or become entirely or partially invalid or are annulled, the agreement and these terms and conditions will remain in full force, and the relevant provision will be replaced by a provision that, to the extent possible, approximates the original intent. Situations not regulated by these general terms and conditions will be assessed according to the 'spirit' of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted according to the 'spirit' of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and may not be grounds for compensation or cancellation of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly. Each offer includes information that clearly indicates what the rights and obligations are when the offer is accepted. This includes, in particular: the price, excluding customs duties and VAT on imports, which will be at the consumer's expense and risk; the postal and/or courier service will use the special regulation for postal and courier services when goods are imported into the EU destination country; the method by which the agreement will be concluded and what actions are necessary; whether the right of withdrawal applies; the payment, delivery, and execution methods; the time frame for accepting the offer, or the period within which the entrepreneur guarantees the price; the communication costs if the distance communication technique incurs a cost other than the regular base rate for the communication medium used; whether the agreement will be archived after it is concluded and, if so, how the consumer can consult it; how the consumer can check and, if necessary, correct the data provided before concluding the agreement; the possible other languages in which the agreement can be concluded, in addition to Dutch; the codes of conduct to which the entrepreneur adheres and how the consumer can consult them electronically; and the minimum duration of the distance agreement in case of a duration transaction. Optionally: available sizes, colors, types of materials.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the conditions set therein. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, check whether the consumer can fulfill their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or application or attach special conditions to the execution. The entrepreneur will send the following information, either in writing or in such a manner that the consumer can store it easily on a durable data carrier, along with the product or service:

  1. The physical address of the entrepreneur where the consumer can address complaints;

  2. The conditions under which and the method by which the consumer can exercise their right of withdrawal, or a clear notice that the right of withdrawal is excluded;

  3. Information about guarantees and after-sales services;

  4. The details mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the agreement is executed;

  5. The requirements for cancellation of the agreement if the agreement lasts more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of the availability of the relevant products.

Article 5 – Right of Withdrawal

For product purchases, the consumer has the option to cancel the agreement without giving any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, the consumer must return the product with all provided accessories and, if reasonably possible, in its original condition and packaging, according to the clear and reasonable instructions provided by the entrepreneur. If the consumer wants to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This notification must be made through a written message or email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of a shipping receipt. If the consumer does not notify their intention to withdraw within the specified periods or does not return the product to the entrepreneur, the purchase is final.

Article 6 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for the following products and services:

  1. Products or services whose price depends on fluctuations in the financial market, over which the entrepreneur has no control and which may occur during the withdrawal period.

  2. Products that are produced according to the consumer's specifications, that are not prefabricated, or that are clearly personalized.

  3. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.

  4. Products that, after delivery, are by their nature inseparably mixed with other products.

  5. Audio and video recordings, computer software, and digital content, if the consumer has broken the seal of the packaging.

  6. Newspapers, periodicals, or magazines, with the exception of subscriptions to these.

  7. Services related to accommodation, transportation, catering, or leisure activities, to be performed on a specific date or during a specific period.

Article 7 – The Price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no control over (e.g., products whose prices are subject to market demand). The offer will specify that the prices may fluctuate.

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. The price increase is the result of changes in VAT or other legal regulations, or
    b. The consumer has the right to cancel the agreement by informing the entrepreneur within a reasonable period.

  5. The prices mentioned in the offer of products or services are inclusive of VAT, unless otherwise stated.

Article 8 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, and the reasonable requirements of usability and/or reliability.

  2. The entrepreneur provides a legal warranty for the products, which ensures that the products are free from defects for a period of at least 2 years from the date of delivery. If a defect arises during the warranty period, the consumer is entitled to a free repair or replacement of the product.

  3. The warranty does not apply in the case of damage caused by incorrect use or negligence by the consumer, or when the product is not used in accordance with the provided instructions or specifications.

  4. If the consumer notices a defect, they must inform the entrepreneur of it within a reasonable time, within two months after discovery, to claim warranty.

Article 9 – Delivery and Execution

  1. The entrepreneur will deliver the product within the period stated in the agreement, but no later than 30 days after the order is confirmed, unless the consumer has agreed to a longer delivery period.

  2. If the entrepreneur is unable to meet the agreed delivery time, the consumer will be informed of this no later than 7 days after the agreed delivery date. The consumer is entitled to cancel the agreement without penalty.

  3. The entrepreneur will deliver the product to the address provided by the consumer. Delivery takes place at the consumer's expense, unless stated otherwise in the agreement.

  4. If the product cannot be delivered, the entrepreneur will contact the consumer for further arrangements or provide a refund for any payments made.

Article 10 – Payment

  1. The consumer must pay the agreed price for the products or services, including any applicable shipping costs, by the payment method specified by the entrepreneur.

  2. If the payment is not made or not completed on time, the entrepreneur may cancel the agreement or take legal action to enforce the payment.

  3. If the consumer chooses a payment method that requires additional costs, the entrepreneur must inform the consumer in advance about the extra charges.

Article 11 – Liability

  1. The entrepreneur is not liable for any damage caused by improper use of the product or failure to follow the provided instructions and care.

  2. The entrepreneur is only responsible for direct damage caused by a defect in the product or service, and is not liable for any indirect damage, such as consequential loss, loss of profits, or reputational damage.

  3. Any liability of the entrepreneur is limited to the value of the order or the product concerned, and no further claims can be made.

Article 12 – Disputes

  1. The agreement between the entrepreneur and the consumer is governed by Dutch law.

  2. Any disputes arising from or in connection with the agreement shall be submitted to the competent court in the district where the entrepreneur is established, unless the consumer prefers to submit the dispute to the court in their place of residence.

Article 13 – Amendments to the Terms and Conditions

The entrepreneur reserves the right to amend or supplement these general terms and conditions at any time. If any changes are made, the entrepreneur will inform the consumer at least one month before the changes take effect. The consumer has the right to terminate the agreement if they do not agree with the updated terms and conditions.


Article 14 – Disputes

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

Article 15 – Identity of the Entrepreneur

Email address: info@molanaclo.fr

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