Terms and conditions
Terms and Conditions
This website is operated by Moomii. Throughout the site, the terms "we", "us" and "our" refer to Moomii. Moomii offers this website, including all information, tools and services available on this site, to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following general terms and conditions ("Terms of Service", "Terms"), including those additional
terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these conditions, the following terms shall have the meanings assigned to them below:Cooling-off period: the period within which the consumer can exercise his right of withdrawal;Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;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 means that allows the consumer or
entrepreneur to
store information addressed personally to him in a way that allows for future consultation and unchanged reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusively use is made of one or more techniques for remote communication; Remote communication technique: means that can be used for the conclusion of a contract, without the consumer and entrepreneur having met simultaneously in the same space. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Email address: Moomii.info@gmail.com
Company name: Tijn products
Chamber of Commerce number: 88220982
Address: Dokweg 5, 4a
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between the 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 not reasonably 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 to the consumer as soon as possible upon request. If the distance contract is concluded electronically, in deviation from 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 stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded 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 apply mutatis mutandis and the
consumer can always, in the event of conflicting general terms and conditions, invoke the applicable provision that is most favorable to him. If one
or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, then the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the meaning of the original as much as possible. Situations not governed by these general terms and conditions should be assessed in the "spirit" of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly 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 offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular: the price, with the exception of customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies if the goods are imported into the EU country of destination, which is also 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 shipping costs; the manner in which the agreement will be concluded and what 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price; the level of the rate for remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular basic rate for the communication method used; whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; the way in which the consumer, before
concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself 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 long-term transaction. Optional: available sizes, colors, 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 fulfills the conditions set therein. 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. 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 observe appropriate security measures. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all 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, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution. The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: 1. the visiting address of the entrepreneur's establishment where the consumer can file complaints; 2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 3. information about guarantees and existing after-sales service; 4. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; 5. the requirements for termination of the agreement if the agreement 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 only applies to the first delivery. Every 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 option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and 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 with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. 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/e-mail. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. If the customer has not made known his intention to exercise 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 exercises his right of withdrawal, the costs for returning the products will be borne by the consumer. If the consumer pays an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having already been received back by the online store owner or conclusive proof of complete return having been submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: 1. that have been created by the entrepreneur in accordance with the consumer's specifications; 2. that are clearly personal in nature; 3. that cannot be returned due to their nature; 4. that can spoil or age quickly; 5. the price of which is subject to fluctuations on
the financial market over which the entrepreneur has no influence; 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. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; 2. the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired; 3. concerning betting and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 1. these are the result of legal regulations or provisions; or 2. the consumer has the right to terminate the agreement on the day on which the price increase takes effect. The place of delivery takes place on the basis of article 5, first paragraph, Turnover Tax Act 1968, in the country where the transport starts. In the present case, this delivery takes place outside the EU. Consequently, import VAT or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer
does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14
days of delivery. Products must be returned in their original packaging and in 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 himself or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in contravention 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 set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will observe the greatest possible care when receiving and executing product orders. Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders promptly, 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 partially executed, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. 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 proves to be impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of 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 previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and extension
Termination The consumer can terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services, at any time, subject to
agreed termination rules and a notice period of at most one month. The consumer can terminate an agreement entered into for a fixed term and relating to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term subject to agreed termination rules and a notice period of at most one month. The consumer can terminate the agreements 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 terminate in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension An agreement entered into for a fixed term and relating to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month. An agreement entered into for a fixed term and relating to the regular delivery of products or services, may only be tacitly extended for an indefinite term if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts due 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 for the
provision of a service, this period commences after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period 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 his option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
Article 16 - Contact Information
Questions about the Terms of Service can be sent to us at moomii.info@gmail.com