GENERAL TERMS AND CONDITIONS

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
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 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Long-term transactions: duration, termination and renewal
Article 13 – Pagamento
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:

Withdrawal period: the period within which the consumer can make use of 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 data carrier: 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 withdrawal period.

Model form: the model withdrawal form that the entrepreneur provides which a consumer can fill in when they want to make use of their right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

MGK Logistics B.V.
Newtonstraat 25
1446VP Purmerend
Países Baixos

Telephone number: —
E-mail address: —

Chamber of Commerce number: 78686571
VAT identification number: NL861494647B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded 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 inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these conditions will remain in force for the remainder and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intention of the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted in the spirit of these general terms and conditions.

Article 4 – 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 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 the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting 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 the right of withdrawal applies

  • the method of payment, delivery and execution of the agreement

  • the period for accepting the offer or the period within which the entrepreneur guarantees the price

  • the rate for distance communication if the costs are calculated on a basis other than the regular basic rate

  • whether the agreement will be archived after conclusion and if so how it can be consulted

  • the way in which the consumer can check and correct their data before concluding the agreement

  • the possible other languages in which the agreement can be concluded

  • the codes of conduct to which the entrepreneur is subject

  • the minimum duration of the distance contract in the case of a long-term transaction

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints

  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal

  • information about warranties and after-sales services

  • the information included in Article 4 paragraph 3 unless already provided before execution

  • the requirements for terminating the agreement if it has a duration of more than one year

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

In the case of delivery of products

When purchasing products, the consumer has the option to withdraw from the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer, receives the product.

During the reflection period, the consumer shall handle the product e its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition e packaging.

The consumer must notify the entrepreneur within 14 days after receiving the product that they wish to exercise the right of withdrawal.

To register a return, the consumer may use the return form available on our website. The return form can be downloaded here.

After notification, the consumer must return the product within 14 days.

If the consumer has not indicated that they wish to exercise the right of withdrawal or has not returned the product within the aforementioned periods, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

The consumer bears the direct costs of returning the product.

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, provided the product has already been received or proof of return shipment has been provided.

Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another method.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion only applies if the entrepreneur has clearly stated this in the offer.

This applies to products:

  • made according to the consumer’s specifications

  • clearly personal in nature

  • that cannot be returned due to their nature

  • that spoil or expire quickly

  • whose price depends on fluctuations in the financial market

  • newspapers and magazines

  • sealed audio/video recordings and software if the seal has been broken

  • hygienic products if the seal has been broken

Article 9 – The Price

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

All prices mentioned in the offer include VAT.

All prices are subject to printing and typographical errors.

Article 10 – Conformity and Warranty

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

All products are subject to the statutory warranty.

Defects or incorrectly delivered products must be reported in writing within 2 months after discovery.

The warranty does not apply if:

  • the consumer has repaired or modified the products themselves

  • the products have been exposed to abnormal conditions

  • the products have been treated contrary to instructions

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders.

The place of delivery is the address provided by the consumer.

Accepted orders will be executed as quickly as possible and at the latest within 30 days, unless another delivery period has been agreed.

If delivery is delayed or cannot be fulfilled, the consumer will be informed within 30 days.

The risk of damage or loss of products remains with the entrepreneur until delivery to the consumer.

Article 12 – Long-term Transactions: Duration, Termination and Renewal

Consumers may terminate agreements concluded for an indefinite period at any time with a notice period of up to one month.

Fixed-term agreements may be terminated at the end of the agreed duration with a notice period of up to one month.

Contracts longer than one year may be terminated by the consumer after one year with a notice period of one month.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the withdrawal period begins.

The consumer must report inaccuracies in payment details immediately.

In case of non-payment, the entrepreneur may charge reasonable costs permitted by law.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted fully and clearly within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Consumers should first contact the entrepreneur with complaints. If the webshop is affiliated with WebwinkelKeur, consumers can also submit complaints to WebwinkelKeur (www.webwinkelkeur.nl) for mediation.

If no solution is reached, the dispute may be submitted to the independent dispute committee appointed by WebwinkelKeur.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier.