Terms and Conditions
In these General Terms and Conditions the following is understood:
- Consumer: the natural person who does not participate practicing a profession or business and is entering into a distance contract with Moscowdesign.nl (Moscowdesign.nl is a tradename of Anna van Toor BV);
- Distance contract: an agreement where, within the framework for the selling of products and/ or services organised by Moscowdesign.nl, up to and including the conclusion of an agreement, techniques for distance communication are used exclusively.
- Techniques for distance communication: means that can be used for the conclusion of an agreement, without the consumer and Moscowdesign.nl being in the same place at the same time.
- Grace period: the period within which the consumer can exercise their right of withdrawal.
- Right of withdrawal: the consumer’s possibility to waive the distance contract within the grace period.
- Day: calendar day
- These General Terms and Conditions are applicable to all offers of Moscowdesign.nl (tradename of Anna van Toor BV) in its web store and to all distance contracts entered into between the consumer and Moscowdesign.nl. By ordering in the web store, the consumer accepts the General Terms and Conditions.
- In addition to these General Terms and Conditions, additional conditions may be applicable to certain products when explicitly indicated.
3. Realization of the agreement
- The agreement is established when the consumer has accepted the offer of Moscowdesign.nl electronically.
- When the consumer has accepted the offer electronically, Moscowdesign.nl shall immediately confirm the acceptance of the offer electronically. As long as the acceptance is not confirmed, the consumer may dissolve the agreement.
- nl will take appropriate technical and organizational measures to protect the electronic transfer of data, and ensures a secure web environment. If the consumer pays electronically, Moscowdesign.nl will take appropriate safety measures.
- nl may – within legal boundaries- notify itself whether the consumer can fulfill their payment obligations, as well as all facts and factors of relevance to a sound conclusion of the distance contract. If, based on the research, Moscowdesign.nl has good reason not to enter into this agreement, it is entitled to refuse an order or request.
- nl is free to decline or to attach special conditions to the execution of an order or request. This decision is entirely up to Moscowdesign.nl, and Moscowdesign.nl does not need to motivate its decision. If Moscowdesign.nl refuses an order or application, Moscowdesign.nl should inform the consumer immediately.
4. The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If Moscowdesign.nl uses images these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Moscowdesign.nl.
- The website contains such information that it is clear to the consumer what the rights and obligations are related to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the payment method, delivery or performance of the contract;
- the period for accepting the offer, or the period for adhering to the price
5. The price and shopping costs
- The prices at the time of ordering a product apply. All prices are expressed in Euros, in accordance with the relevant legal requirements, and include sales tax.
- Special offers are only valid for the period of validity as stated with that offer. This statement is printed in a brochure or stated on the internet site in relation to that special offer.
- The prices mentioned in the webshop do not include shipping costs. For orders with a delivery address within the Netherlands, no shipping costs are calculated for orders above €50. For returning an article we charge €3.95.
- Orders through the web store can be paid in the following ways:
- Creditcard (VISA, Mastercard, American Express)
- Subsequent payment by means of Digital Accept Giro or one-time authorisation. This is provided by Afterpay B.V.
Moscowdesign.nl can expand the payment options. Other payment methods will in any case be made known through the website.
- In the event Moscowdesign.nl has agreed to a payment term, the consumer will be in default with the expiry of this term. Payment terms can only be agreed upon in writing and under the to be determined and agreed upon payment terms.
- In case a credit card payment method is chosen, the conditions of the relevant card issuer shall apply. Moscowdesign.nl is not a party in the relationship between the consumer and the card issuer.
- The consumer shall bear all (extra)judicial costs of any kind, including collection costs, incurred by Moscowdesign.nl as a result of the consumer not complying with his/her (payment) obligations.
- In the case of overdue payment, Moscowdesign.nl is entitled to terminate the agreement immediately or to suspend (further) delivery until the consumer has fulfilled his payment obligations in full, including payment of the costs as referred to in article 6.4.
- nl ships, either itself or through a third party, the accepted orders as quickly as possible in order of receipt. If a product is in stock, the average delivery time is three whole work days from the order date.
- If a delivery cannot take place, or cannot take place within the average period, for example if the products are out of stock, the consumer will be notified as soon as possible.
- nl is not responsible for any damage whatsoever as a result of exceeding the announced delivery terms.
8. Returns and right of withdrawal
- The consumer is obliged to carefully inspect the products (or have them inspected) immediately upon receipt.
- With respect to products purchased from the webshop, returning the products to the webshop without giving reasons is permitted within 14 days after delivery of the product in question, being the grace period. The consumer can return the item via the enclosed return slip and will then receive their money back.
- For the return of an article a contribution to the costs of 3.95 euros will be charged, which we automatically deduct from the refund of the purchase price.
9. Retention of title
- The articles remain the property of Moscowdesign.nl until the full invoice amount has been paid by the consumer.
- The consumer may not encumber, sell, resell or otherwise encumber the products before ownership has been transferred.
10. Guarantee and liability
- nl guarantees that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of reliability and/or serviceability and with the existing legal provisions and/or government regulations at the date of concluding the agreement.
- nl is never obliged to pay any direct or indirect compensation to the consumer or others, unless there is intent or gross negligence on the part of Moscowdesign.nl.
- If Moscowdesign.nl, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value related to the product which caused the damage.
- Despite the constant care and attention Moscowdesign.nl devotes to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
- The information on the website is regularly supplemented and/or modified. Moscowdesign.nl reserves the right to make any changes with immediate effect and without prior notice.
- The consumer is obliged to indemnify Moscowdesign.nl against any claims made by third parties in connection with the execution of the agreement against Moscowdesign.nl, to the extent that the law does not preclude that the damage and costs involved shall be borne by the consumer.
- nl may include links to other internet sites on its website which may be interesting or informative for the visitor. Such links are purely informative. Moscowdesign.nl is not responsible for the content of the referenced website or the use which can be made of it.
11. Force majeure
- In case of force majeure Moscowdesign.nl is not obliged to fulfill its obligations towards the consumer, respectively the obligation is suspended for the duration of the force majeure.
- Force majeure means any circumstance beyond its control, which prevents Moscowdesign.nl from fulfilling its obligations towards the consumer in whole or in part. These circumstances include strikes, fires, business disturbances, energy failures, non delivery or late delivery by suppliers or other third parties and the absence of any government issued license. In addition, force majeure includes disruptions in a (telecommunications) network or connection or used communication systems and / or at any time the unavailability of the website.
12. Intellectual property
- The Consumer explicitly acknowledges that all intellectual property rights of displayed information, signs, communications or other s relating to the products and/or relating to the internet site are vested in Anna van Toor B.V., its affiliated companies, its suppliers or other entitled parties. Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including sui generis rights to databases and topography of semiconductor products, or other products, as well as technical and/or commercial know-how, methods and concepts, whether patentable or not.
- Consumer undertakes not to infringe on the intellectual property rights as described in this article.
- By ordering, the consumer simultaneously gives Moscowdesign.nl permission to use the consumer's personal data if necessary. Moscowdesign.nl uses the consumer's data only as far as necessary for the provision of services. The personal data provided by the consumer will not be given to a third party for commercial purposes without the consent of the consumer.
- The consumer's data will only be stored as far as it is necessary for the realization of the purposes for which the personal data are obtained and processed by Moscowdesign.nl. Besides the execution of the agreement this includes the realization of marketing purposes and maintaining the customer relationship with the consumer.
14. Personal data/age limit
Moscowdesign.nl does not accept orders from persons under the age of 18.
15. Applicable law
All offers and agreements of Moscowdesign.nl are exclusively governed by Dutch law.
For questions and / or complaints, the consumer can email the Moscowdesign.nl customer service on the e-mail address: email@example.com. Complaints are usually handled within 30 days. If this is not possible for any reason, the consumer will be informed of the delay.
17. Company information
Moscowdesign.nl (Anna van Toor BV) is located at Energieweg 35, 4231 DJ Meerkerk and registered in the trade register under number: 23014828.