terms and conditions
**GENERAL TERMS AND CONDITIONS**
**LAST UPDATE NOVEMBER 2022**
**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 - Obligations of the consumer during the reflection period**
**Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof**
**Article 9 - Obligations of the entrepreneur in case of withdrawal**
**Article 10 - Exclusion of the right of withdrawal**
**Article 11 - The price**
**Article 12 - Conformity and warranty**
**Article 13 - Delivery and execution**
**Article 14 - Duration transactions: duration, termination, and extension**
**Article 15 - Payment**
**Article 16 - Complaints procedure**
**Article 17 - Disputes**
**Article 18 - Additional or different provisions**
**Article 1 - Definitions**
In these terms and conditions, the following definitions apply:
- Reflection period: the period within which the consumer can exercise their right of withdrawal;
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur;
- Consumer: the 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;
- Duration agreement: an agreement that provides for the regular delivery of items, services, and/or digital content over a certain period;
- Durable medium: any device that allows the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation or use for a period that is aligned with the purpose of the information and allows unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products, digital content, and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
- Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same space.
**Article 2 - Identity of the entrepreneur**
MOLAIR
St. Annastraat 175
6524 EV, Nijmegen
Email address: info@molair-lifestyle.com
Chamber of Commerce number: 83924159
VAT identification number: NL863035425B01
**Article 3 - Applicability**
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically before the distance contract is concluded, and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In addition to these general terms and conditions, specific product or service conditions may apply if specified. In the case of conflicting conditions, the consumer can invoke the applicable provision most favorable to them.
**Article 4 - The offer**
1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
**Article 5 - The agreement**
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the limits of the law, obtain information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, service, or digital content:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales services;
d. the price including all taxes of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
**Article 6 - Right of withdrawal**
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or the last part;
c. in agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product.
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
**Article 7 - Obligations of the consumer during the reflection period**
1. During the reflection period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for a decrease in value of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.
**Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof**