Terms and Conditions
Terms and Conditions – MOVI. Cosmetics
Last updated: 10-10-2024
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;
Day: calendar day;
Long-term 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 tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader 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: a means that can be used to conclude a contract without the consumer and trader having come together simultaneously in the same space.
Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the trader
Trader: TQ Global (trading under the name MOVI. Cosmetics)
Address: Kruithuisstraat 11, 4515AX IJzendijke, The Netherlands
Email address: support@movicosmetics.com
Chamber of Commerce (KvK) number: 98375725
VAT identification number: NL868466815B01
Article 3 – Applicability
These terms and conditions apply to every offer of the trader and to every distance contract and order concluded between trader and consumer.
Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these 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 data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions in these terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision shall be replaced in mutual consultation in such a way that the original intent is approximated as much as possible.
Situations not provided for in these terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the products offered. The trader 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 including taxes;
any costs of shipping;
the way in which the contract 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 contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level 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 contract will be archived after its conclusion, and if so how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, rectify the data provided by them in the context of the contract before the contract is concluded;
any other languages in which, in addition to Dutch, the contract can be concluded;
and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
Within legal frameworks, the trader may inform themself 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, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.
The trader shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may 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 service;
d. the data included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this data to the consumer before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.
During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the trader within 14 days after receipt of the product. The consumer must make this notification by means of a written message or by email. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of shipment.
If the customer has not indicated within the periods referred to in paragraphs 2 and 3 that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received back by the trader or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, by their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer;
h. for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the provision of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to bets and lotteries.
Article 9 – The price
During the period of validity 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.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This linkage to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include 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 trader is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and guarantee
The trader warrants 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 statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in the original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 processed the delivered products themself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or on the packaging;
- The defect is wholly or partly 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 trader shall exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed 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 executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall endeavour to make a replacement article available. At the latest upon delivery, it shall be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the trader’s account.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and to the trader announced representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded 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 fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were concluded by the consumer;
- always with the same notice period that the trader has stipulated for themself.
Renewal
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period and which extends to 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 the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery by way of introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract 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 duration.
Article 13 – Payment
Unless otherwise agreed, 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 a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints procedure
Complaints about the execution of the contract must be submitted to the trader fully and clearly described within 7 days, after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires foreseeably longer processing time, the trader shall respond within the 14-day period with a notice 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 trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to contracts between the trader and the consumer to which these terms and conditions relate, even if the consumer resides abroad.