Movingcold

Article 1 – Definitions In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable medium: any means 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 possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling 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 for concluding a contract, without the consumer and entrepreneur being simultaneously in the same place.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Movingcold
Menno ter Braakstraat 4, 6921TX Duiven
Email address: info@Movingcold.com
Chamber of Commerce number: 91629772
VAT identification number: NL004904708B73

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer. Before the distance contract 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 contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible at their 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 general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at their request. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting terms. If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced without delay by mutual agreement by a provision that approximates the intent of the original as much as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer The offer contains a complete and accurate description of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a true representation of the offered products. 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 the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• The price including taxes;
• Any shipping costs;
• The manner in which the agreement will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The term for accepting the offer, or the term within which the entrepreneur guarantees the price;
• The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
• Whether the agreement after its conclusion will be archived, and if so, in what way it can be consulted by the consumer;
• The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by them in the context of the agreement;
• Any other languages in which, besides Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in the event of an extended transaction. Optionally: available sizes, colors, type of materials

Article 5 – The Agreement The agreement, subject to the provisions of paragraph 4, is concluded 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 can dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can, within the legal framework, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. The information on warranties and existing after-sales service; d. The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a pre-designated representative announced to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep the product.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must communicate this by means of a written message/email. After the consumer has communicated 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 have been returned on time, for example, by means of proof of shipment.

If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are borne by 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 the withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided that the entrepreneur clearly states this in the offer and before concluding the agreement. Exclusion of the right of withdrawal is only possible for products and services that: a. Have been created according to the consumer's specifications; b. Are clearly personal in nature and cannot be returned; c. Can spoil or age quickly; d. Are subject to fluctuations in the financial market that the entrepreneur has no influence over; e. Are newspapers, periodicals, or magazines, except for subscriptions to them; f. Are hygienic products whose seal the consumer has broken; g. Are services that have already begun with the consumer's explicit consent before the reflection period has expired; h. Relate to accommodation, transport, restaurant business, or leisure activities and are provided on a specific date or during a specific period.

Article 9 – The Price During the validity period stated 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. Contrary to the previous paragraph, the entrepreneur can 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 dependency on fluctuations and the fact that any stated prices are target prices are mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and they are the result of statutory regulations or provisions or the consumer has the authority to terminate the agreement on the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees 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 under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after 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 contrary to the entrepreneur's instructions and/or on the packaging;
• The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.