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info@moor-co.uk

General Terms and Conditions

 

TABLE OF CONTENTS:

 


Article 1 – Definitions

Article 2 – Identity of the Trader

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exceptions to the Right of Withdrawal

Article 9 – Price

Article 10 – Conformity and Guarantee

Article 11 – Delivery and Execution

Article 12 – Ongoing Agreements: Duration, Termination, and Extension

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

 


 

 

ARTICLE 1 – DEFINITIONS

 


In these terms and conditions, the following definitions apply:


Supplementary Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the trader or a third party based on an arrangement between the third party and the trader.


Withdrawal Period: the period within which the consumer can exercise the right of withdrawal.


Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession.


Day: calendar day.


Digital Content: data produced and supplied in digital form.


Ongoing Agreement: an agreement that pertains to the regular delivery of goods and/or services over a period of time.


Durable Medium: any tool that enables the consumer or the trader to store information directed to them personally in a way that allows future access and unaltered reproduction, including email.


Right of Withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period.


Withdrawal Form: the form provided by the trader that the consumer can use to exercise the right of withdrawal.


Trader: a natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance.


Distance Contract: a contract concluded as part of an organized distance sales system, where one or more means of distance communication are used exclusively up to and including the moment the contract is concluded.


Means of Distance Communication: any tool that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time.


General Terms and Conditions: the present general terms and conditions of the trader.

 


 

 

ARTICLE 2 – IDENTITY OF THE TRADER

 


AJ_Online_Business

📧 Email: info@moor-co.uk

📜 Company Registration Number: 90970055

🔢 VAT Number: NL004097585B44

 

ARTICLE 3 – APPLICABILITY

 


These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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, the consumer will be informed where the general terms and conditions can be viewed and that they will be sent free of charge upon request.


If the contract is concluded electronically, these terms and conditions may be provided electronically in such a way that they can be stored by the consumer on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.


If specific product or service conditions apply in addition to these general terms and conditions, the same principles apply. In the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.


If any provision in these terms is declared invalid or nullified, this does not affect the validity of the remaining provisions. The affected provision will be replaced with a new one that resembles the original as closely as possible.


Situations not covered by these terms shall be assessed in accordance with the spirit of these terms. Ambiguities about the interpretation or content of one or more provisions shall also be interpreted in line with the purpose of these terms.

 


 

 

ARTICLE 4 – THE OFFER

 


If an offer has a limited period of validity or is subject to certain conditions (such as suspension or termination), this will be clearly stated in the offer.


Offers from the trader are non-binding. The trader reserves the right to modify or adjust the offer.


The offer includes a complete and accurate description of the products and/or services offered, enabling the consumer to properly assess them. If images are used, they are a truthful representation of the products and/or services. Obvious mistakes or typographical errors do not bind the trader.


Product images aim to accurately represent the products, but colors may vary slightly due to screen differences.


Each offer contains clear information about the consumer’s rights and obligations upon acceptance of the offer, in particular:

 

  • The price, including all taxes

  • Any applicable shipping costs

  • How the agreement will be concluded and which steps are required

  • Whether distance communication entails additional costs

  • Whether the agreement will be archived and how the consumer can access it

  • The duration of the contract, if applicable

  • Whether the right of withdrawal applies

  • The method of payment, delivery, and execution

 

 


 

 

ARTICLE 5 – THE AGREEMENT

 


The agreement is concluded when the consumer accepts the offer and fulfills the associated conditions, subject to paragraph 4 of this article.


If the consumer accepts the offer electronically, the trader will immediately confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.


If the agreement is concluded electronically, the trader shall 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 trader shall take suitable security measures.


The trader may, within legal boundaries, investigate whether the consumer can meet their payment obligations and assess any other relevant facts necessary for a responsible conclusion of the agreement. If the trader has valid reasons, they may refuse an order or attach special conditions.


Upon delivery, the trader will provide the following information, either in writing or in a way that the consumer can store on a durable medium:

 

  • The address where complaints can be submitted

  • Information about the right of withdrawal or a clear notice if it is excluded

  • Information about warranties and after-sales service

  • The total price including taxes

  • Any applicable shipping costs

  • The payment and delivery method and how the agreement will be carried out

  • Conditions for termination if the contract lasts longer than one year or is open-ended

  • A withdrawal form if the right of withdrawal applies

 


For ongoing agreements, this information only needs to be provided with the first delivery.

 


 

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

 


For product purchases:


The consumer has the right to withdraw from the purchase within 14 days without providing a reason. The withdrawal period begins the day after the product is received by the consumer or a representative designated by the consumer.


The withdrawal period corresponds to the same length as the warranty period provided by the manufacturer. The intermediary (seller) is not responsible for the suitability of the product for specific uses or for user recommendations.


In case of a warranty claim, the seller may choose between repair or replacement. If the product is replaced, the buyer must return the defective item.


Warranty does not apply if:

 

  • The buyer has repaired or modified the product themselves or through a third party

  • The product has been exposed to abnormal conditions or handled improperly, against instructions

  • The defect is wholly or partly due to laws or government regulations relating to the materials used

  • The product is a hygienic item that cannot be returned for health protection reasons (especially during COVID-19). Examples: underwear, bikinis, makeup, hair and beauty products

 


The withdrawal period also applies:

 

  • When multiple products are ordered together: the period starts the day after the last item is received

  • When delivery is in parts: the period starts the day after the final delivery

  • For subscriptions or ongoing deliveries: the period starts after receiving the first item

 


For services and digital content not delivered physically:


The consumer may cancel the agreement within 14 days from conclusion, provided there is no physical delivery.


Extended withdrawal period if information is missing:


If the consumer was not informed about the right of withdrawal or the withdrawal form, the period is extended by 12 months.

If this information is provided later, the period ends 14 days after receiving it.


Consumer obligations:


During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be opened and tested to the extent necessary to assess it. Upon withdrawal, the product must be returned complete, in original condition and packaging, according to the seller’s instructions.


The consumer must notify the trader of the withdrawal within 14 days of receipt, preferably via the withdrawal form. After notification, the product must be returned within 14 days. Proof of return must be provided, e.g., with a receipt.

 

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

 


If the consumer exercises the right of withdrawal, the following applies:

 

  • The consumer shall bear the direct cost of returning the product, unless the trader has agreed to bear the cost or failed to inform the consumer about this obligation.

  • If the consumer has paid an amount, the trader shall reimburse it as soon as possible, and no later than 14 days after receiving the withdrawal notice. Reimbursement will be made using the same payment method the consumer used, unless agreed otherwise.

  • The trader may delay the refund until the returned product has been received or the consumer has provided proof of return, whichever comes first.

 

 


 

 

ARTICLE 8 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

 


The right of withdrawal does not apply to contracts involving:

 

  • Products manufactured to the consumer’s specifications (custom-made)

  • Products that spoil quickly or have a limited shelf life

  • Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken

  • Products that are irrevocably mixed with other goods after delivery

  • Alcoholic beverages with a fluctuating market value, agreed upon at conclusion but deliverable only after 30 days

  • Sealed audio or video recordings or computer software whose seals have been broken

  • Digital content not supplied on a physical medium, once performance has started with the consumer’s explicit consent and acknowledgment of the loss of withdrawal rights

 

 


 

 

ARTICLE 9 – PRICE

 

 

  • The prices stated in the offer include VAT.

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

  • Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

  • Price increases after 3 months are only allowed if the trader has stipulated them and the consumer has the right to terminate the agreement as of the day the increase takes effect.

 

 


 

 

ARTICLE 10 – CONFORMITY AND WARRANTY

 

 

  • The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and legal provisions and regulations in force at the time of the agreement.

  • An additional guarantee offered by the trader, manufacturer, or importer shall never limit the legal rights and claims that the consumer can enforce based on the agreement.

 

 


 

 

ARTICLE 11 – DELIVERY AND EXECUTION

 

 

  • The trader shall exercise the greatest possible care when receiving and fulfilling product orders and when assessing service requests.

  • The delivery address is the one provided by the consumer.

  • Deliveries shall be made within the timeframe stated in the offer. If this is not possible, the consumer will be informed. In that case, the consumer may cancel the agreement without costs.

  • After cancellation, the trader will refund the amount paid by the consumer as soon as possible.

  • The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a pre-designated representative.

 

 


 

ARTICLE 12 – ONGOING AGREEMENTS: DURATION, TERMINATION, AND EXTENSION

 


Termination:

 

  • The consumer can terminate a fixed-term agreement for regular delivery of products or services at any time after the end of the initial term, subject to applicable notice periods.

  • The consumer may terminate such contracts by giving notice in the same way the agreement was concluded.

 


Extension:

 

  • A fixed-term contract for regular delivery of goods or services may not be automatically extended or renewed without the consumer’s express consent.

  • Contracts of indefinite duration may be terminated by the consumer at any time with a notice period not exceeding one month.

 

 


 

 

ARTICLE 13 – PAYMENT

 

 

  • Unless otherwise stated, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or after the conclusion of the agreement if no withdrawal right applies.

  • The consumer is obliged to report any inaccuracies in the provided or stated payment details without delay.

  • If the consumer fails to meet the payment obligation, and after being notified and granted an additional period to comply still does not pay, the trader may charge statutory interest and reasonable collection costs.

 

 


 

 

ARTICLE 14 – COMPLAINTS PROCEDURE

 

 

  • The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with it.

  • Complaints about the performance of the agreement must be submitted clearly and fully described within a reasonable time after the consumer has discovered the defect.

  • Complaints submitted will be answered within 14 days. If more time is needed, the consumer will be informed with an expected response time.

  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to Article 15.

 

 


 

 

ARTICLE 15 – DISPUTES

 

 

  • Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

  • Any dispute can be submitted to the competent court in the Netherlands.

  • The consumer may also submit the dispute via the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

 

 


 

 

ARTICLE 16 – ADDITIONAL OR DEVIATING PROVISIONS

 


Additional or deviating provisions from these terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in a way that allows them to be stored by the consumer in an accessible manner on a durable medium.

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