Terms and Conditions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
Reflection period: the period during 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 regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room simultaneously.
Terms and Conditions: these present Terms and Conditions of the entrepreneur. Article 2 – Identity of the entrepreneur
Company name: Morinia
Email address: info@morinia.com
Article 3 – Applicability
These 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 terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request by electronic or other means.
In the event that specific product or service terms and conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them. If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms shall otherwise remain in effect, and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the scope of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed in the "spirit" of these terms and conditions.
Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions should be interpreted in the "spirit" of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to damages or dissolution of the contract.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will make use of the special regulation for postal and courier services regarding importation. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the charged customs clearance costs) from the recipient of the goods; any shipping costs; the manner in which the contract will be established and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the contract; the term for acceptance of the offer or the term within which the entrepreneur guarantees the price; the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used; whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer; the manner in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract; any other languages in which the contract may be concluded in addition to Dutch; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction. Optional: available sizes, colors, types of materials.
Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the 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 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 observe appropriate security measures.
The entrepreneur may inform themselves—within legal frameworks—whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound grounds for not entering into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service 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 medium:
1. 2. 3. 4. the visiting address of the entrepreneur's establishment where the consumer can file complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
5. the requirements for terminating the contract if the contract has a duration of 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 contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 100 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection 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 exercise their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the terms mentioned in paragraphs 2 and 3, the sale is final.
Article 7 – Costs in case of withdrawalIf the consumer exercises their right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the webshop or conclusive proof of complete return can be provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. 2. 3. 4. 5. 6. 7. 8. that have been created by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal;
for hygiene products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
2. the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
3. concerning bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to 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 linkage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of 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:
1. 2. they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the contract on the day the price increase takes effect. The delivery takes place pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968 in the country where the transport starts. In this case, this delivery takes place outside the EU. Following this, import VAT or customs clearance costs will be collected from the purchaser by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the 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 handled contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partially the result of regulations that the government has established or will establish with
regard to the nature or the quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing
orders for products.
With due observance of what is stated about this in article 4 of these general terms and conditions, the company
will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed
to a longer delivery period.
If the delivery experiences a delay, or if an order cannot be executed or can only be partially executed,
the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has
the right to dissolve the agreement without costs and the right to potential compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as
possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement
item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a
replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs
of any return shipment are for the account of 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 pre-designated representative made known to the entrepreneur, unless expressly
agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to
the regular delivery of products (including electricity) or services, at any time with due observance
of agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of
products (including electricity) or services, at any time towards the end of the definite period with
due observance of agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him; always terminate with the same notice period as the
entrepreneur has stipulated for himself. Extension
An agreement that has been entered into for a definite period and which extends to the regular delivery of products (electricity
included) or services, may not be tacitly extended or renewed for a definite period.
By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular
delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of
a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension
with a notice period of at most one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services,
may only be tacitly extended for an indefinite period if the consumer may at all times terminate with a
notice period of at most one month and a notice period of at most three months in case the agreement
extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery of
daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and
ends automatically after the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time
with a notice period of at most one month, unless reasonableness and fairness oppose termination before
the end of the agreed duration.
Article 13 – Payment
Insofar as not otherwise agreed, the amounts owed by the consumer must be paid
within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement for
the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur
within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be
answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time,
the entrepreneur will answer within the 14-day period with a confirmation of receipt and an indication of when the consumer can
expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will at its discretion either replace or repair
the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Even if the consumer is resident abroad.
