Terms and Conditions
Last updated: May 2024
1
Definitions
In these conditions the following definitions apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Digital content: data produced and delivered in digital form;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
2
Offer / agreement
2.1 Every offer from boxmoments benelux is without obligation and boxmoments benelux reserves the right to change prices, especially if this is necessary based on (legal) regulations. Each offer is valid for a period of 14 days from the date of the offer, unless otherwise stated in the offer itself. 2.2 An agreement is only concluded after boxmoments benelux has accepted the order. boxmoments benelux reserves the right to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, boxmoments benelux will inform the customer within five (5) working days of receipt of the order.
3
Prices and payments
3.1 The prices stated for the products and services offered on the boxmoments benelux website are in Euro and include VAT, unless stated otherwise. Shipping costs are included in the price for shipments within the Netherlands and Belgium and are stated separately during checkout.
3.2 Payment for the order must be made without discount or compensation. boxmoments benelux offers various payment methods, such as Apple Pay, Google Pay and iDEAL.
3.3 If the prices for the products and services offered change in the period between placing the order and its execution, the customer has the right to cancel the order or terminate the agreement within five (5) days after receipt of the order. announcement of the price increase by boxmoments benelux.
3.4 The customer is responsible for providing correct payment details. Any inaccuracies must be reported to boxmoments benelux immediately.
4
Delivery
4.1 boxmoments benelux tries to deliver orders within five (5) working days, if the products are in stock. If the products are not in stock, boxmoments benelux will inform you as soon as possible and offer you the option to terminate the agreement or agree on a new delivery date. If the agreement is terminated, boxmoments benelux will refund any amounts already paid within 30 days.
4.2 The delivery address is the address provided by the customer when placing the order. boxmoments benelux is not responsible for any delivery problems resulting from incorrect or incomplete address details.
5
Retention of title
5.1 Ownership of the delivered products remains with boxmoments benelux until the customer has fulfilled all obligations under the agreement.
5.2 The risk of the products passes to the customer at the time of shipment, unless otherwise agreed between the customer and boxmoments benelux.
6
Intellectual and industrial property rights
6.1 The customer may not reproduce, copy or print (parts of) product descriptions, files, texts and/or photos on the basis of copyright without the express permission of boxmoments benelux.
6.2 The customer is obliged to fully and unconditionally respect all intellectual and industrial property rights that apply to the products supplied by boxmoments benelux.
6.3 boxmoments benelux cannot guarantee that the products they supply do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
7
Returns / Right of withdrawal
7.1 Upon receipt of the products, the customer has the obligation to check whether they comply with the agreement. If this is not the case, the customer must inform boxmoments benelux within fourteen (14) days of receipt by e-mail, with a reasoned explanation of the shortcoming.
7.2 If inspection shows that the received products do not comply with the agreement, boxmoments benelux has the option to replace these products with new products of the same value, provided that they are in stock and the original products are returned.
7.3 The customer has the right to return a product to boxmoments benelux within fourteen (14) working days of receipt without giving reasons. If the customer wishes to cancel the order, the customer must contact us as soon as possible via boxmoments.bnl@gmail.com. If the order has not yet been shipped, we will cancel the order and refund the full amount. If the order has already been shipped, the customer can return it according to our returns policy and we will refund the amount once we receive the item in good condition. Please note that return shipping costs are the responsibility of the customer.
7.4 boxmoments benelux reserves the right to refuse returned items if the item is not received in good condition. The product must be returned unused, undamaged and complete, including the original packaging. If boxmoments benelux does not receive the item in good condition, it will not be accepted as a return and remains the property of the buyer.
7.5 Sale items are in principle final and cannot be returned. However, if you have received a damaged or defective sale item, please contact us at boxmoments.bnl@gmail.com within 14 days of receipt and we will do our best to resolve the problem and may offer a replacement or refund On.
8
Guarantee
8.1 At boxmoments benelux, the customer can trust that the delivered products meet the usual requirements and standards that can be imposed on them and are free of defects.
8.2 The warranty referred to in paragraph 8.1 applies for a period of 6 months after delivery of the product, with the exception of (less) perishable products, such as food products.
8.3 If it turns out that the delivered products do not meet this warranty, boxmoments benelux will replace or repair the defective product within a reasonable period of time after receipt of the notification, depending on boxmoments benelux's choice and when return is not reasonably possible.
8.4 Please note that this warranty does not apply if the defect has arisen as a result of incorrect or improper use or if changes have been made to the product without written permission from boxmoments benelux or if the product has been used for purposes for which it was not intended.
8.5 In addition to these warranty provisions, statutory warranty provisions remain in force.
9
Orders / communication
9.1 Boxmoments benelux is not liable for miscommunication, delays or incorrect receipt of orders and communications as a result of the use of the internet or any other means of communication between you and boxmoments benelux, or between boxmoments benelux and third parties, unless there is intent. or gross negligence on the part of boxmoments benelux.
9.2 At boxmoments benelux we strive to display the properties of our products, such as composition and colors, as accurately as possible. Please note, however, that the color you see on your computer system may depend on your device settings. We therefore cannot guarantee that the colors on your screen exactly match the actual colors of the product.
10
Force majeur
10.1 In the event of force majeure, boxmoments benelux has the right, at its own discretion, to suspend the execution of your order or to terminate the agreement without the intervention of a judge, without boxmoments benelux being obliged to pay any compensation. boxmoments benelux will inform you of this in writing, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming that cannot be attributed to boxmoments benelux, because it is not its fault and is not its responsibility under the law, legal act or generally accepted views.
11
Addresses and compliance with conditions
11.1 If you provide an address in writing to boxmoments benelux, boxmoments benelux will ship all orders to that address, unless you provide a different address in writing.
11.2 boxmoments benelux reserves the right to allow deviations from these General Terms and Conditions, tacitly or otherwise, for a short or long period of time, but this does not mean that it loses its right to direct and strict compliance with these General Terms and Conditions. The flexible application of the General Terms and Conditions by boxmoments benelux does not give the customer any rights.
11.3 If one or more provisions of these General Terms and Conditions or any other agreement with boxmoments benelux conflict with applicable law, this provision will lapse and be replaced by a new provision determined by boxmoments benelux and that is legally permissible.
11.4 boxmoments benelux reserves the right to use third parties for the execution of orders.
12
Governing Law and Dispute Resolution
12.1 All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply are exclusively governed by Dutch law.
12.2 All disputes between boxmoments benelux and the customer will be submitted exclusively to the competent court in the Netherlands.