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Terms & Conditions

Terms & Conditions

Table Of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and implementation

Article 14 - duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different terms

 

 

 

 

Article 1 - Definitions

In these conditions shall apply:

  1. Additional agreement means an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the employer or by a third party on the basis of a agreement between the third party and the trader;
  2. Grace period: The period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar;
  5. Digital content means data which are produced and supplied in digital form;
  6. Term Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period 
  7. Durable medium: any device - including also e- mail - that the consumer or business that enables information addressed personally to him, store in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
  8. Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;
  9. Entrepreneur: the natural or legal products, offer (access to) digital content and / or services to consumers;
  • Distance contract means an agreement concluded between the trader and the consumer under an organized distance sales of products, digital content and / or services, which until the conclusion of the agreement exclusively or partly use is made of one or more means of distance communication;
  • Model withdrawal form: The model withdrawal form can be found here;
  • Technology for distance communication: means that can be used to conclude a contract, without the consumer and business need to be met simultaneously in the same space.

 

 

 

 

Article 2 - Identity of the entrepreneur

The Entrepreneur 's name (the entity) is made in the supply of the product or service known and will be displayed in the overview.

Lenodara B.V.

(Megusta is a trading name of Lenodara B.V.)
Agaatvlindersingel 72
3544ZA Utrecht
The Netherlands
Phone: +31 (0)30 234 02 87

E-mail: info@megusta.nl
Chamber of Commerce Utrecht / The Netherlands: 85454623772
VAT Number: 854623772B01
Bank account: ABN bank NL22ABNA0529291819

 

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader before concluding the distance contract, indicate how the general conditions for inspection at the trader's premises and that they will be sent free of charge as soon as possible , at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to be made available to the consumer in such a way that by the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, will indicate where the general conditions in electronic form can be takenand that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that besides these general conditions also specific product or service conditions apply , the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him the most is favorable. 

 

Article 4 - The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer are not binding.
  3. Each offer contains such information that is clear to the consumer what rights and obligations, which are attached to accepting the offer.

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  4. The entrepreneur can within the law - inform or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in not concluding the contract, he is entitled to refuse or to attach special conditions to the execution of an order or request.
  5. It will look upon delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send :
  6. the address of the establishment of the business where consumers can lodge complaints.
  7. de conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal ;
  8. information about guarantees and after sales service;
  9. the price including all taxes of the product , service, or digital content; where applicable , the cost of delivery; and the method of payment , delivery or performance of the distance contract ;
  • the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite ;
  • If the consumer has a right of withdrawal, the model withdrawal form.
  • In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery .

Article 6 - Right of withdrawal

For products:

  1. The consumer may contract with respect to the purchase of a product during a cooling-off period of 14 days or terminate without giving reasons . The operator may ask the consumer to the reason for withdrawal , but not commit to stating his reason (s) .
  2. Paragraph 1 shall period begins on the day after the consumer , or a pre-designated by the consumer third party other than the carrier , the product has received, or :
  3. If the consumer in the same order have ordered several products : the day on which the consumer or a third party designated by , has received the final product. The operator may , provided that he has informed the consumer prior to the ordering process in a clear manner , refuse an order multiple products with different delivery time.
  4. If the delivery of a product consisting of multiple lots or pieces: the day on which the consumer or a third party designated by , has received the last shipment or the last part ;
  5. the contract is for regular delivery of goods during a certain period , the day on which the consumer or a third party designated by the first product has received.

In services and digital content which is not supplied on a tangible medium:

  1. The consumer has a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator may ask the consumer to the reason for withdrawal , but not commit to stating his reason (s) .
  2. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement. Prolonged waiting period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:
  3. If the entrepreneur consumer has not provided the information required by law on the right of withdrawal and the model withdrawal form, the waiting period will expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article shall consider.
  4. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of the initial grace period, the grace period expires 14 days after the day on which the consumer receives that information.

Article 7 - Obligations of the consumer during the reflection

  1. During the period the consumer will treat the product and packaging. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer, the product can handle and inspect as he would be allowed to do in a shop.
  2. The consumer is liable for the value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
  3. The consumer is not liable for the value of the product and the entrepreneur him before or at the conclusion of the contract all mandatory information provided on the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by using the standard withdrawal form or any other unequivocal manner to the entrepreneur.
  2. As soon as possible , but within 14 days from the day following the notification referred to in paragraph 1 , the consumer shall send the product back , or he hands it to ( a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product itself. The consumer is back transmission period in any case observed as to return the product before the period has expired.
  3. The consumer shall send back the product with all accessories , if reasonably possible in original condition and packaging in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer .
  5. The consumer bears the direct cost of returning the product. If the trader has not notified the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost of return .
  6. If the consumer withdraws after first have expressly requested that the operation of the service or supply of gas, water or electricity not put up for sale in a limited volume or certain amount to begin during the withdrawal period , the consumer is the entrepreneur an amount payable in proportion to that part of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the complete fulfillment of the commitment.
  7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, they are not put up for sale in a limited volume or quantity, or the supply of district heating , if:
  8. the entrepreneur consumer regulatory information concerning the right of withdrawal , the allowance has not been provided in case of withdrawal and the model withdrawal form , or;
  9. consumers not expressly the start of the execution of the service or supply of gas, water, electricity or district heating requested during the reflection. 

The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium where:

  1. he has not agreed prior to their delivery explicitly with the start of the fulfillment of the agreement before the end of the waiting period ;
  2. He has not acknowledged that he loses his right of withdrawal when giving his consent; or
  3. the operator has failed to confirm this statement of the consumer.
  4. If the consumer exercises his right of withdrawal , any ancillary contracts shall be automatically dissolved.

 Article 9 - Obligations of the trader in case of withdrawal

  1. If the entrepreneur notification of withdrawal by the consumer makes possible through electronic means , it sends the message immediately upon receipt of an acknowledgment.
  2. The employer shall reimburse all payments the consumer , including any delivery costs charged by the operator for the returned product , immediately but within 14 days after the day on which the consumer notifies him withdrawal. Unless the trader offers to collect the product itself, he may wait to return until he has received the product or demonstrates to the consumer that he has returned the product, whichever is earlier.
  3. The operator used to repay the same currency that the consumer , unless the consumer agrees to a different method. The reimbursement is free for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the company does not have to repay the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The operator may exclude the following products and services from the right of withdrawal , but only if the entrepreneur clearly in the offer and in time for the conclusion of the agreement, stated :

  1. Products or services whose price depends on fluctuations in the financial market on which the entrepreneur has no control, which may occur within the withdrawal period;
  2. Agreements concluded at a public auction. Under a public auction means a method of sale where goods , digital content and / or services offered by the trader to the consumer who attends or is given the opportunity to be personally present at the auction , conducted by an auctioneer and where the successful bidder is obliged products , to take digital content and / or services ;
  3. Service contracts after full implementation of the service , but only if:
    - the performance has begun with the express prior consent of the consumer ; and
    - consumers stated that he loses his right of withdrawal once the contract is fully performed the entrepreneur 
  4. Agreements related to leisure activities, and in the contract a specific date or period of implementation is provided;
  5. According to the consumer's specifications manufactured products , which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer , or clearly intended for a specific individual ;
  6. Products that spoil quickly or have a limited shelf life;
  7. Sealed products for reasons of health protection or hygiene are not suitable to be returned after delivery and whose seal has been broken;
  8. Products are inseparably mixed after delivery by their nature with other products;
  9. Alcoholic beverages, the price agreed upon conclusion of the contract , the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
  • Sealed audio, video recordings and computer software, which the seal is broken after delivery;
  • Newspapers, periodicals or magazines, except for subscriptions to this;
  • The supply of digital content other than on a tangible medium, but only if :
  1. the performance has begun with the express prior consent of the consumer ; and consumer stated that he thus loses his right of withdrawal.

Article 11 - The price

  1. During the period mentioned in the offer have not increased the prices of the products and / or services, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
    they are the result of legislation or regulations ; or
    b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
  5. The supply of products or services mentioned prices include VAT.

Article 12 - Compliance Agreement and extended warranty

  1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use .
  2. By the trader , its supplier , manufacturer or importer extended warranty never restricted the legal rights and claims that can enforce the consumer under the contract against the operator if the operator has failed to fulfill its part of the agreement.
  3. additional guarantee means any undertaking by the business owner, its supplier , importer or producer certifying that certain rights or claims to consumers beyond which it is required by law in case he has failed to fulfill its part of the agreement.

 Article 13 - Delivery and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will accepted orders expeditiously but not later than within 30 days, unless a different delivery period is agreed . If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation.
  4. After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid refund immediately.
  5. The risk of damage and / or loss of products rests with the employer until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14 - duration transactions: duration, termination and renewal termination:

  1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
  2. The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services , at any time terminate at the end of the fixed term in compliance with the applicable termination rules and a notice not exceeding one month.
  3. Consumers can the agreements mentioned in the previous paragraphs:
    - Cancel at any time and not be limited to termination at a particular time or in a given period;
    - At least cancel the same way as they are entered by him;
    - Cancel at the same notice as the company has negotiated for itself.

Extension:

  1. A contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, an agreement is concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines will be automatically renewed for a fixed period of up to three months , as consumers this extended agreement by the end of the extension may terminate with a notice of up to one month.
  3. A contract concluded for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite duration as the consumer may at any time terminate with a notice of up to one month. The notice period is three months or less when the agreement extends to the regular, but less than once a month , delivering daily, news and weekly newspapers and magazines.
  4. A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.

Duration:

  1. If a contract has a duration of more than one year, the consumer after a year may withdraw at any time terminate with a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed term resist .

Article 15 - Payment

  1. Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the cooling period, or at the lack of a cooling-off period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer can in terms never be required to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s ) before the advance payment has been made.
  3. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
  4. If the consumer is unable to meet its payment obligation (s) above, is that , after the entrepreneur has identified the late payment and the entrepreneur consumer has granted a period of 14 days in which to comply with its payment obligations, after failing to pay within this 14-day period , the outstanding amount of the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him charged. These collection costs exceed 15% of outstanding amounts to € 2,500 ; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40 , = . The entrepreneur can benefit consumers differ from these amounts and percentages.

 

Article 16 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the contract must within a reasonable time after the consumer the defects, fully and clearly described and submitted to the entrepreneur.
  3. The entrepreneur complaints within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time, answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
  4. If the complaint or within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.

Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 18 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be such that these by the consumer in an accessible manner stored on a durable medium.