Terms and Conditions

Terms and Conditions By MSD

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 – Payment

Article 13 – Complaints Procedure

Article 14 – Disputes

Article 15 – Additional or Derogating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their
right of withdrawal; Read all about the cooling-off period.
Consumer: the natural person who is not acting in the exercise of a profession or
business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of
products and/or services, where the obligation of delivery and/or purchase is spread
over time;
Durable medium: any instrument that enables the consumer or entrepreneur
to store information addressed personally to them, in a manner that allows for
future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce
the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services
to consumers from a distance;
Distance contract: an agreement concluded within the framework of an
entrepreneur-organized system for distance selling of products and/or
services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for
concluding a contract, without the consumer and entrepreneur having come
together in the same room at the same time.
Terms and Conditions: these general Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

By MSD

Collinsland 20

2716 CH Zoetermeer

E info@bymsd.nl

Chamber of Commerce (KVK): 76669580

VAT number: NL003105920B59

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and
to every distance contract and order concluded between entrepreneur and 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon 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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data medium. If this is reasonably not possible, it will be indicated before concluding the distance contract where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
In the event that specific product or
service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time
wholly or partially invalid or voided, the remaining provisions of the agreement and these terms will remain in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approaches the scope of the original provision 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.
Any uncertainties regarding the interpretation or content of one or more provisions of our
terms and conditions must be interpreted 'in the spirit' of these general
terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to enable a proper
assessment of the offer by the consumer. If the entrepreneur
makes use of images, these are a true representation of the
offered products and/or services. Apparent 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 true representation of the offered
products. The entrepreneur cannot guarantee that the displayed colors exactly
match the true colors of the products.
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 applicable costs of shipping;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not 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 of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the
moment the consumer accepts the offer and complies with the
corresponding conditions.
If the consumer has accepted the offer electronically, the
entrepreneur shall promptly acknowledge 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 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 secure web environment. If the consumer
is able to pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur may—within statutory frameworks—inquire whether the
consumer can meet their payment obligations, as well as examine all facts and
factors that are important for responsibly concluding the distance
agreement. If, based on this investigation, the entrepreneur has sound 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.
Along with the product or service, the entrepreneur will provide the consumer with the following information,
in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; the information regarding warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;

Every agreement is concluded subject to the suspensive condition of
sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement
without giving any reason for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its
packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form or by means of another communication medium, such as by email. After the consumer has announced their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by means of proof of shipment.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made known
their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final. Upon delivery of services: 1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer will follow the
reasonable and clear instructions provided by the entrepreneur with the offer
and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of both the initial shipping and return shipping will be borne by the consumer.

If the consumer has purchased products with a total value exceeding 100
euros and was not, initially, charged any shipping costs,
after which the consumer returns part of the products, leaving the total
remaining purchased value of the products at less than 100 euros, the entrepreneur will charge the shipping costs as the entrepreneur would have done had the consumer initially purchased products with a total value of less than 100 euros.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online merchant or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
In the event of damage to the product caused by careless handling by the consumer, the consumer is liable for any diminished value of the product.
The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be done prior to the conclusion of the
purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner prior to concluding the agreement.

Exclusion of the right of withdrawal is only possible for products: that have been crafted by the
entrepreneur according to consumer specifications; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal.

Article 9 – The Price

During the validity period stated in the offer, the prices of the
products and/or services offered will not be increased, except for price changes
resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their
prices are subject to fluctuations in the financial market over which the entrepreneur
has no influence. This susceptibility to
fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months following the conclusion of the agreement are
only permitted if they are the result of statutory regulations or provisions.
Price increases starting 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate
the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable requirements of
soundness and/or usability, and the statutory provisions and/or government
regulations existing on the date the agreement is concluded. If
agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement
.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after
delivery. Returning the products must be done in the original packaging and in brand new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: the consumer has repaired
and/or modified the delivered products themselves or had them repaired and/or modified by third parties; the
delivered products have been exposed to abnormal conditions or otherwise
handled carelessly or in violation of the instructions of the entrepreneur and/or on the packaging; the defect is wholly or partly the result of regulations that the government has enacted or will enact regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The address provided by the consumer to the company shall serve as the
place of delivery.
With due observance of what is stated in paragraph 4 of this article, the company
will execute accepted orders with appropriate dispatch, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after
dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and comprehensible notice will be given that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made
known to the entrepreneur, unless expressly agreed
otherwise.

Article 12 – Payment

Unless agreed otherwise, 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. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has a duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory
restrictions, to charge reasonable costs made known to the consumer in
advance.

Article 13 – Complaints Procedure

The entrepreneur maintains a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the
defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days,
calculated from the date of receipt. If a complaint requires a foreseeably
longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises that
is subject to the dispute resolution scheme.
In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform
(https://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark featuring a dispute committee.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur
indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general
terms and conditions apply are exclusively governed by Dutch law. Even
if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 15 – Additional or Derogating Provisions

Additional provisions or provisions deviating 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 in an accessible manner
on a durable data carrier.

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