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GENERAL TERMS

Index

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 returning your product

Article 8 - Exclusion right of withdrawal

Article 9 - The price

Article 10 - Warranty

Article 11 - Delivery and execution

Article 12 - Payment

Article 13 - Complaints procedure

Article 14 - Disputes

Article 15 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Consumer: (or "you") the person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

2. Day: calendar day.

3. Duration transaction: a distance contract with regard to a series of products, the delivery and/or purchase obligation of which is spread over time.

4. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

5. Reflection period: the period within which the consumer can make use of his right of withdrawal.

6. Right of withdrawal: the option for the consumer to cancel the distance agreement within the reflection period;

7. Model form: a form that the consumer needs to fill in when the consumer wants to use their right of withdrawal. 

8. Entrepreneur: the natural or legal person, Moyocoyo, who offers products to consumers at a distance;

9. Distance agreement: an agreement that happens through a system, set up by the entrepreneur for selling products, that is made of one or more techniques for communication on distance. From here on written as 'order'.

10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting in the same room at the same time.

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

12. Offer: the price of a product that is mentioned on the website/webshop.

Article 2 - Identity of the entrepreneur

Moyocoyo

Bloys van Treslongstraat 5-1

1056WV Amsterdam

The Netherlands

Email: tamara@moyocoyo.com

Chamber of Commerce: 77833988

VAT number: NL003245678B36

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer from Moyocoyo and to every order concluded between Moyocoyo and the consumer.

 

2. Before the order is made, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible before the customer places the order, it will be indicated that the general terms and conditions will be sent free of charge as soon as possible at the consumer's request.

 

3. If the order is placed electronically, can differ from previous paragraph and before the order is confirmed, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store it in a simple way on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

 

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

 

5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation, without delay, approaching the original as much as possible.

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

 

7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

 

Article 4 - The offer

1. If an offer is for a limited period of time, this will be clearly stated in the offer.

 

2. The offer is without obligation. Moyocoyo is entitled to change and adjust the offer.

 

3. The offer contains a complete and accurate description of the products. The description of the offer is sufficiently detailed to allow a proper assessment by the consumer. If Moyocoyo uses images, these are a true representation of the products. Obvious mistakes or obvious errors in the offer are not binding on Moyocoyo. 

 

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

 

5. Images accompanying products are a true representation of the products offered. Moyocoyo cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

 

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;

- any shipping costs;

- the manner in which the order will be placed and which actions are required for this; whether or not the right of withdrawal applies;

- the method of payment, delivery and execution of the order;

- the term for acceptance of the offer, or the term within Moyocoyo guarantees the same price;

- the rate for distance communication if the costs of the chosen technology for distance communication are calculated on a different basis than the regular base rate;

- whether the order will be archived after it has been confirmed, and if so, in which way can be consulted by the consumer;

- the way in which the consumer, before placing the order, can check and, if desired, restore the data provided by them;

- the codes of conduct to which Moyocoyo is subject to and the way in which the consumer can consult these codes of conduct electronically;

- the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The purchase agreement

1. The purchase agreement, subject to paragraph 4, is confirmed when the consumer places the order and receives the order confirmation. 

2. If the consumer placed the order in the webshop, the entrepreneur will confirm receipt of the order by mail as soon as possible. As long as the order has not been confirmed by Moyocoyo, the consumer can dissolve the agreement.

3. If the order is placed in the webshop, Moyocoyo will take appropriate technical and organisational measures to secure the electronic transfer of data. Moyocoyo ensures a safe web environment by taking appropriate security measures, so the consumer can pay electronically safely.

4. Moyocoyo reserves the right at any time after receipt of the order to accept or decline the order, even after the receipt of an order confirmation, for any reason whatsoever.

Article 6 - Right of withdrawal

1. When purchasing the product, the consumer has the option to cancel the order without stating reasons during the first 14 days. This reflection period starts on the day after the consumer receives the product.

2. During the reflection period, the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Moyocoyo, in accordance with the reasonable and clear instructions provided by Moyocoyo.

3. If the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to Moyocoyo within 14 days of receipt of the product. The consumer must make this known by sending Moyocoyo an email. After the consumer has indicated that they wish to make use of their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by showing a proof of shipment.

4. If the customer has not indicated to Moyocoyo that they want to use their right of withdrawal, within 14 days after receipt of their product, the purchase is a fact.

Article 7 - Costs in case of returning

1. If the consumer returns the product, the costs of returning the product will be for their account.

2. If the consumer already paid for the product, Moyocoyo will refund this amount as soon as possible, but no later than 14 days after the return has been received. Reimbursement will be made via the same payment method used by the consumer.

3. The consumer will be hold responsible for any loss in value of the product, in case the product is damaged due to careless handling by the consumer. 

4. The consumer cannot be held liable for value loss of the product if Moyocoyo has not provided all legally required information about the right of returning the product. This must be done before placing the order.

5. If the consumer wishes to exchange the product for another size, the customer has to send back the return package. As soon as Moyocoyo receives the return, the package with the new product will be send to the consumer on the cost of Moyocoyo. Moyocoyo cannot be held responsible for any lost or damaged package sent back by the consumer. 

Article 8 - Exclusion right of returning the product

1. Moyocoyo can exclude the consumer's right of returning the products as described in paragraphs 2 and 3. The exclusion of the right of return only applies if Moyocoyo has stated this clearly in the offer, before the order is placed.

2. Exclusion of the right of returning the product is only possible for products which are personally made for the consumer.

Article 9 - The price

1. The offers indicated on the website are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs and taxes/duties.

 

2. The return shipping costs will be paid by the consumer.

3. If the consumer is in possession of a valid discount code, they can enter the code in the provided box on the order form. The discount applies to the product and not the delivery charge. Moyocoyo reserves the right to correct the mentioned prices in case of errors (including printing and typing errors) or the correction of omissions.

4. Moyocoyo will be entitled to adjust the prices from time to time without any notice being required. The prices indicated at the time at which the order is placed will be deemed to be the prices that form part of the agreement.

 

5. Payment may be made using the methods indicated by Moyocoyo.

Article 10 - Warranty

1. Moyocoyo guarantees that the products comply with the specifications stated in the offer. 

2. A warranty provided by Moyocoyo, manufacturer or importer does not affect the legal rights and claims of the consumer.

3. Any defects or incorrectly delivered products must be reported to Moyocoyo in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

4. Moyocoyo's warranty period corresponds to the manufacturer's warranty period. However, Moyocoyo can not be hold responsible if the consumers uses the product differently than stated by Moyocoyo.

5. The warranty does not apply if:

- the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;

- the delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or contrary to the instructions of Moyocoyo or stated on the packaging;

- the defectiveness is wholly or partly the result of regulations that the government has made or will make in regard to the product.

Article 11 - Delivery and execution

1. Moyocoyo will take the greatest possible care when receiving and executing orders.

2. The place of delivery is the address that the consumer has made known to Moyocoyo.

3. Moyocoyo will send out confirmed orders as stated in the offer, before placing the agreement. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

4. All delivery times are indicative. Moyocoyo will make delivery in accordance with agreed delivery dates to every extent possible; however, the consumer acknowledges that the delivery dates are based on the circumstances of which Moyocoyo is aware at the time at which the agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to Moyocoyo. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, Moyocoyo will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, Moyocoyo will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. 

7. The risk of damage and/or loss of products rests with Moyocoyo until the moment the product is delivered with the consumer, unless expressly agreed otherwise.

Article 12 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1.

2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to Moyocoyo.

Article 13 - Complaints procedure

1. Moyocoyo has a complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about order process must be submitted fully and clearly described to Moyocoyo within 2 months, after the consumer has discovered the defects.

3. Complaints submitted to Moyocoyo will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Moyocoyo will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

5. In the event of complaints, a consumer must first turn to Moyocoyo. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). Webshop is currently not affiliated with a quality mark with a dispute committee.

6. A complaint does not suspend Moyocoyo's obligations, unless Moyocoyo indicates otherwise in writing.

7. If a complaint is justified by Moyocoyo, Moyocoyo will at its discretion, replace or repair the delivered products free of charge.

 

 Article 15 - Disputes

1. The Dutch law is applied on all agreements between Moyocoyo and the consumer, to which these general terms and conditions apply. Even if the consumer lives abroad.

 

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

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

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