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General terms and conditions

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 - Obligation to withdraw in case of delivery of products
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and delivery time
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Force Majeure
Article 15 - Liability

Article 16 - Disputes

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:
1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital Content: data that is produced and supplied in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular delivery of goods, services and/or digital content for a specific period of time;
7. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is geared to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

  • Name: Megalodontand.nl, trading under the name JONG GERUND.

  • Address: Planker 5, 5721 VG - Asten

  • Telephone number: +031 (0)6 23 49 63 94;

  • E-mail address: [email protected];

  • K.v.K. number: 84117788.

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.

  3. If the distance contract is concluded electronically, then, contrary to 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.

  4.  In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

  1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.

  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price including taxes;

  • the possible costs of delivery;

  • the way in which the agreement will be brought about and what actions are required for this;

  • the applicability or otherwise of the right of withdrawal;

  • 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 level of the rate of distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

  • whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;

  • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;

  • any other languages besides Dutch in which the agreement may 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;

  • the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

  1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.

  4. The entrepreneur can - within legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

  5. The entrepreneur will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, or place it on the website

  6. A. the visiting address of the trader's business establishment where the consumer can lodge complaints;
    B. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    C. the information on guarantees and existing service after purchase;
    D. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data prior to concluding the agreement
    E. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

  7. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Obligation to withdraw from the contract for the delivery of products

  1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.

  2. During the cooling-off period, the consumer will treat the product and its packaging with care. The customer will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If the customer makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. See the page: https://www.Megalodontand.nl/retourneren/ for the explanation and conditions of return.

Article 7 - Costs in the event of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal. Article 8 - Exclusion of right of withdrawal

    1. If the consumer does not have a right of withdrawal, Megalodontand.nl can only exclude this right if Megalodontand.nl has clearly stated this in the offer or at least in time for the conclusion of the agreement.

    2. Exclusion of the right of withdrawal is only possible for products:
      A. that have been created by Megalodontand.nl according to the specifications of the consumer.
      B. which are clearly personal in nature;
      C. due to lack of care (eg cold, light, damp place) can quickly perish, including dried flowers.
      D. the price of which is subject to fluctuations in the financial market over which Megalodontand.nl has no influence.

Article 9 - The price

  1. All prices are expressed in Euros and include VAT. The consumer owes - at the time of purchase - the price that was agreed upon in the contract. As long as the amount due is not delivered, Megalodontand.nl is not obliged to deliver the products.

  2. Obvious errors in the price quotes, including inaccuracies, can be corrected after the agreement between the customer and Megalodontand.nl. Special offers are valid as long as stocks last.

  3. Finally, packing and shipping costs may be charged. These will be shown in the total amount.

Article 10 - Compliance and Warranty

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. 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 on the basis of the contract.

Article 11 - Delivery and delivery time

  1. Orders placed are delivered to PostNL, DHL or GLS when the amount due is paid. Megalodontand.nl assures that the package will be delivered in the correct way, that it will be delivered on time and that it will arrive in good condition. However, Megalodontand.nl is not responsible for the actual delivery. The shipment and any risks are entirely for the consumer. If there is evidence that Megalodontand.nl did not deliver the package on time or not in a good condition to PostNL, Megalodontand.nl is responsible. The consumer can have the products delivered again or have the amount refunded. The amount of the order needs to be refunded within 30 days by Megalodontand.nl.

  2. If at the time of delivery there is no one present, that is, neither the consumer nor a person designated by him or her, Megalodontand.nl does not guarantee the condition of the delivery.

  3. It is important that the consumer - after receipt - checks the products himself. If the consumer has received the products in such a bad condition and the products therefore do not meet such quality requirements, I request that the consumer lets me know within six hours - after receipt. Notification can be done via; [email protected].

  4. Megalodontand.nl uses a stock system. However, it is possible that the products are still not in stock. Megalodontand.nl will notify you at least one day before delivery through the contact information saved. Possible follow-up options are; the order will be cancelled, the order will be partially cancelled and the value of the missing products will be refunded or the order will be shipped at a later time.

Article 12 - Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the reflection period, as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.

  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

  3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

  4. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 13 - Complaints procedure

  1. If the consumer receives products that do not meet the quality requirements (see Article 11.4), the consumer must report this within six hours. The period of six hours starts as soon as the products are received, Track & Trace can be used as a guarantee. The complaint can be made known via: [email protected]

  2. If the complaint has been passed on, the consumer is obliged to treat the order - in any case five days - with all due care, so that the identified quality defects can be further investigated. A further appointment will be made between the consumer and Megalodontand.nl to visit and investigate the quality defect.

  3. If the complaint is approved by Megalodontand.nl, the consumer is entitled to a refund of the value of the order.

  4. If the complaint cannot be solved in mutual consultation, a dispute arises which is subject to the dispute settlement procedure.

  5. Return shipments are allowed if Megalodontand.nl has explicitly given permission.

  6. Other complaints can be reported to [email protected]. However, these complaints can never lead to compensation.

Article 14 - Force majeure

In case of force majeure Megalodontand.nl is not obliged to fulfill the obligations. Megalodontand.nl is allowed to postpone the obligations for the duration of the force majeure. Examples of force majeure are; fire, strikes, energy and business disruptions, not timely delivery of products by suppliers, the absence of a license, network or connection disruptions or the temporary unavailability of the website.

Article 15 - Liability

  1. Megalodontand.nl is not liable for indirect damages from consumers or third parties. This includes consequential loss, delay damage, business damage, personal injury, loss of profits or other indirect damage, for whatever reason.

  2. The consumer shall indemnify Megalodontand.nlt for all claims by third parties, to be named compensation for damages, interest or costs caused by events related to the goods delivered by Cactus plant.

Article 16 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

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