General Terms and Conditions

Article 1 - Definitions

The following definitions apply to these terms and conditions:

  • Cooling-off period: The period during which the consumer can exercise their right of withdrawal;
  • Consumer: A natural person who does not engage in a profession or business and who enters into a distance contract with an entrepreneur;
  • Day: Calendar day;
  • Continuing performance contract: A distance contract that concerns a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
  • Durable medium: Any medium that allows the consumer or entrepreneur to store information addressed to them personally, in such a way that the information can later be accessed and reproduced unchanged;
  • Right of withdrawal: The consumer’s right to cancel the distance contract during the cooling-off period;
  • Entrepreneur: A natural or legal person who offers products and/or services to consumers via distance selling;
  • Distance contract: A contract in which one or more remote communication techniques are used exclusively up to and including the conclusion of the contract within a system arranged by the entrepreneur for the purpose of distance selling of products and/or services;
  • Remote communication technique: A method that can be used to enter into a contract without the consumer and entrepreneur meeting at the same time in the same location;
  • General terms and conditions: The current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Mevabcommerce, De Esdoorn 10, 5831RC, Boxmeer; Email: Mevab.Ecommerce@gmail.com
Chamber of Commerce number: 92706975, VAT number: NL004971771B40

Article 3 - Applicability

These general terms and conditions apply to all offers made by the entrepreneur, as well as all distance contracts and orders between the entrepreneur and the consumer.
Before concluding a distance contract, these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general terms and conditions can be consulted at the entrepreneur’s business premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, 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 store it on a durable medium in a simple manner. If this is not reasonably possible, before concluding the distance contract, it will be stated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
If, in addition to these general terms and conditions, specific product or service-specific terms apply, the second and third paragraphs shall apply accordingly, and if the general terms and conditions are in conflict, the consumer may always invoke the provision that is most favourable to them.

If any provision of these general terms and conditions is found to be fully or partially invalid or annulled, the contract and these terms shall remain in effect, and the provision in question shall be immediately replaced by a provision that most closely corresponds to the original intent of the provision.
Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions. Any uncertainties regarding the interpretation of these terms or the content of one or more of their provisions should be interpreted in the spirit of these general terms and conditions.

Article 4 - Offer

The offer includes a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or cancellation of the contract.
Product images provide a true representation of the offered products. The entrepreneur cannot guarantee that the colours presented exactly match the actual colours of the products.
Each offer includes sufficient information for the consumer to understand what rights and obligations are attached to the acceptance of the offer. This specifically includes:

  • The price, including taxes;
  • Possible delivery costs;
  • The manner in which the contract is concluded and what actions are necessary to conclude it;
  • The applicability of the right of withdrawal;
  • The payment, delivery, and contract fulfilment method;
  • The deadline for accepting the offer or the period during which the entrepreneur guarantees the price;
  • The level of remote communication costs if calculated based on a communication medium other than the basic charges of the used communication medium;
  • Whether the contract is archived after conclusion and, if so, how the consumer can consult it;
  • The manner in which the consumer can check and, if desired, correct the data provided within the scope of the contract before concluding the contract;
  • Possible other languages besides Dutch in which the contract can be concluded;
  • Codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
  • The minimum duration of the distance contract, if it involves a prolonged transaction.

Optional: Available sizes, colours, types of materials.

Article 5 - Conclusion of the Contract

The contract is concluded, unless otherwise stipulated in section 4, when the consumer accepts the offer and meets the conditions set out in it.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically without delay. As long as the entrepreneur has not confirmed the acceptance of the offer, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment.
If the consumer can pay electronically, the entrepreneur follows appropriate security measures.
The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their payment obligations, and any other circumstances that are important for the responsible conclusion of the distance contract.
If, based on this investigation, the entrepreneur has reasonable grounds to refuse the contract, they have the right to refuse the order or application or to attach special conditions to its execution.
The entrepreneur must send the following information in writing or in a way that the consumer can store it on a durable medium:

  • The entrepreneur’s office address where the consumer can address complaints;
  • Conditions and the way in which the consumer can use their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on guarantees and after-sales service;
  • Information mentioned in section 4 of this article, unless already provided before the conclusion of the contract;
  • Conditions for termination of the contract if the contract is longer than one year or if it is an indefinite contract.
    If it is a continuing performance contract, the above provisions apply only to the first delivery.

Each contract is concluded on the condition that the relevant products are available.

Article 6 - Right of Withdrawal

The consumer has the right to cancel the contract within 14 days without providing any reason when purchasing products.
The cooling-off period starts the day after the consumer or the consumer’s designated representative receives the product.
During the cooling-off period, the consumer must handle the product and its packaging carefully. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product.
This notification must be in writing or by email.
Once the consumer has notified the entrepreneur, they must return the product within 14 days.
The consumer must provide proof that the goods were returned on time, for example, by a shipping receipt.

If the consumer has not expressed their wish to exercise the right of withdrawal or has not returned the product within the aforementioned deadlines, the purchase is final.

Article 7 - Costs of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is at the consumer’s expense.
If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after withdrawal. The refund is conditional on the entrepreneur receiving the product back or receiving convincing proof that the product has been returned.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for specific products and services, provided the entrepreneur clearly informs the consumer of this in the offer and before the contract is concluded.
The right of withdrawal can only be excluded for the following products and services:

  • Custom-made products according to the consumer’s specifications;
  • Personal items that cannot be returned;
  • Products that are prone to rapid spoilage or expiration;
  • Products subject to market fluctuations that the entrepreneur cannot control;
  • Loose newspapers, magazines, or products with a seal broken by the consumer;
  • Hygiene products with a broken seal;
  • Services that have already begun with the consumer’s explicit consent before the cooling-off period ends;
  • Services related to accommodation, transport, catering, or leisure activities delivered on a specific date or within a specified period.

Article 9 - Price

The prices of the offered products and/or services may not be increased during the validity period specified in the offer, except for price changes due to changes in VAT rates.
However, the entrepreneur may offer products or services whose prices depend on market fluctuations that the entrepreneur cannot control, and whose prices fluctuate. This relationship to fluctuations and the fact that the prices are target prices will be mentioned in the offer.
Price increases within three months of the contract are only allowed if they result from statutory regulations or provisions.
Price increases after three months of the contract are only allowed if stipulated by the entrepreneur and:

  • They result from statutory regulations or provisions;
  • The consumer has the right to cancel the contract on the effective date of the price increase.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract and the specifications listed in the offer, the reasonable requirements of reliability, and the legal provisions or government regulations existing at the time the contract was concluded.
An additional guarantee applies only if it is stated in the product description.

Article 11 - Delivery and Execution

The entrepreneur will deliver the products to the address provided by the consumer as soon as possible, but no later than 30 days after the conclusion of the contract, unless a longer delivery period has been agreed upon.
If the entrepreneur is unable to deliver the products within the agreed period, they will inform the consumer of the delay and provide the consumer with the option to either cancel the order or agree to a new delivery date.
The entrepreneur is not liable for any delays or failure to deliver due to causes beyond their control, such as force majeure.
Delivery is considered complete once the consumer or a third party designated by the consumer (other than the delivery service) has received the products.
The risk of damage to or loss of the product rests with the entrepreneur until the moment of delivery, unless the consumer has chosen a delivery method that does not involve the entrepreneur’s direct delivery (such as self-pickup or third-party delivery).

Article 12 - Retention of Title

The entrepreneur retains ownership of the delivered goods until the full payment has been made for the goods in question.
Until such time as the ownership of the goods has been transferred to the consumer, the consumer may not sell, transfer, or pledge the goods to a third party.

Article 13 - Payment

The consumer is required to pay the full price of the goods as agreed upon in the contract. Payment is usually made at the time of order or delivery, depending on the options offered by the entrepreneur.
The entrepreneur reserves the right to offer various payment methods, such as credit card, PayPal, or bank transfer.
If the consumer fails to make a payment within the agreed time, the entrepreneur is entitled to charge interest on the outstanding amount, in addition to any collection costs, according to the legal standards set out in the Dutch Civil Code.

Article 14 - Liability

The entrepreneur is liable for any failure to fulfil the contract, subject to the limitations of liability as set out by applicable law.
The entrepreneur will not be held liable for any indirect damage, including but not limited to loss of income, lost profits, or other consequential damages, unless otherwise stipulated in these terms or by mandatory law.
The entrepreneur’s liability is limited to the value of the product or service in question, or, in the event of damage caused by gross negligence or intentional acts, the actual amount of damage suffered by the consumer.

Article 15 - Force Majeure

The entrepreneur is not liable for any failure to perform the contract, or for any delay in performance, caused by circumstances beyond the entrepreneur’s control, such as natural disasters, war, strikes, or government intervention, that make performance of the contract impossible or unreasonably difficult.
In the case of force majeure, the entrepreneur will notify the consumer as soon as possible, and the performance of the contract will be suspended until the force majeure event has ended or a new delivery date has been agreed upon.
If the force majeure continues for more than 90 days, either party may terminate the contract without being liable for damages.

Article 16 - Privacy and Data Protection

The entrepreneur respects the consumer’s privacy and ensures that personal data provided by the consumer is handled in accordance with the applicable data protection laws and regulations.
The entrepreneur will only use the consumer’s personal data for the purpose of processing the order, delivering the products or services, and handling customer service inquiries.
The consumer has the right to access, correct, or delete their personal data, in accordance with the applicable privacy laws, by contacting the entrepreneur.

Article 17 - Complaints and Disputes

If the consumer has a complaint about the product or service, they should contact the entrepreneur as soon as possible via the provided contact details.
The entrepreneur will respond to complaints within 14 days. If the complaint cannot be resolved within this time frame, the consumer will be informed of the status and given an estimated timeframe for resolution.
If the complaint cannot be resolved directly, the consumer may submit the dispute to an independent dispute resolution body or contact the European Online Dispute Resolution (ODR) platform.
Any disputes arising out of or in connection with these terms and conditions will be resolved under Dutch law, and the courts of the Netherlands will have exclusive jurisdiction to hear such disputes.

Article 18 - Guarantee and Warranty

If the products delivered by the entrepreneur are defective or do not conform to the contract, the consumer is entitled to a statutory warranty.
The consumer has the right to request a repair, replacement, or refund in case of defective goods, provided that the defect is reported within a reasonable time after discovery.
The entrepreneur’s warranty obligations do not apply to defects caused by misuse, improper handling, or normal wear and tear of the product.

Article 19 - Final Provisions

These terms and conditions are governed by Dutch law.
In the event that a provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remainder of the terms and conditions will remain in full force and effect.
Any amendments or additions to these terms and conditions must be made in writing and agreed to by both parties.