General Terms And Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
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;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Meko Tradings
Company address: Markwegzuid 1A, 4794SN Heijningen, Netherlands
support@mezory.nl
Chamber of Commerce number: 87810670
VAT identification number: NL004484616B35
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 the entrepreneur and the 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 not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Uncertainties about 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 made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All pictures, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours 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, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regime for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any costs of shipment;
the way in which the agreement will be concluded and what actions are required for that purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the amount of the rate for distance communication if the costs of using the technique 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 conclusion, and if so, how this can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him as part of the agreement and, if desired, rectify them;
any other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a duration transaction. Optional: available sizes, colours, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
The trader will send the consumer the following information with the product or service, either in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier:
1. the visiting address of the trader's office where the consumer can lodge a complaint;
2. the conditions under which the consumer can make use of the right of withdrawal, or a clear statement about being exempted from the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the information included in article 4 paragraph 3 of these terms and conditions, unless
entrepreneur has already provided the consumer with this information before the
execution of the agreement;
5. the requirements for cancelling the agreement if the agreement
has a duration of more than one year or is indefinite.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after 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. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has stated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
1. that have been produced by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly of a personal nature;
3. that cannot be returned because of their nature;
4. that can spoil or age quickly;
5. whose price is linked to fluctuations in the financial market
that are beyond the entrepreneur's control;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer
has broken the seal.
8. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. relating toelogies,transport,restaurant business or leisure activities to be performed on a certain date or during a certain period;
2. of which the delivery has been started with the express consent of the consumer before the expiration of the cooling-off period;
3. relating to betting and lotteries.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
1. they are the consequence of statutory regulations or provisions;or
2. the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
Pursuant to article 5, first paragraph, of the Turnover Tax Act 1968, the place of delivery takes place in the country where the transport commences. In the present case, this delivery takes place outside EU. Following this, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the company is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 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 guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders of products.The place of delivery is the address that the consumer has made known to the company.
With due observance of the stipulations in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously 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 or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, 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 turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall 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 explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or
services, at any time towards the end of the definite period, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
A contract entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract is intended for the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be automatically extended and will end automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off 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 the duty to report any inaccuracies in the 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 the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
Article 16 - CESOP
Due to the measures introduced and strengthened from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Payment Services Directive Implementation Act)" and thus the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.