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 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Cooling-off Period
Article 8 – Exercising the Right of Withdrawal and Associated Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – Pricing
Article 12 – Compliance with the Agreement and Additional Warranty
Article 13 – Delivery and Execution
Article 14 – Payment
Article 15 – Complaints Procedure

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services related to a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
4. Working day: Monday through Friday, excluding public holidays;
5. Digital content: data produced and supplied in digital form;
6. Long-term agreement: an agreement for the regular delivery of goods, services and/or digital content during a specified period;
7. Durable medium: any tool — including email — that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
11. Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same location simultaneously.

Article 2 – Identity of the Entrepreneur

Business name: MOOXXY
Trading under the name: Kleuranalyse Online

Business address:
Harrie van Gestelstraat 37
5667 BK Geldrop
The Netherlands
Email address: info@kleuranalyse-online.nl
Chamber of Commerce number: 95922490
VAT number: NL005180547B43

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 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, the entrepreneur will indicate before the distance contract is concluded how the terms and conditions can be inspected and that they will be sent free of charge upon 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 electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
4. 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 accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
2. The offer contains a complete and accurate description of the products, digital content 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 truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains information that clearly explains the rights and obligations associated with acceptance of the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the associated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. As long as this acceptance has not been confirmed, 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.
5. No later than delivery of the product, service or digital content, the entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable medium:
   a. the business address where complaints can be submitted;
   b. the conditions and procedures regarding the right of withdrawal or a clear statement if excluded;
   c. information regarding guarantees and after-sales services;
   d. the total price including taxes and delivery costs and the method of payment, delivery, or execution;
   e. cancellation conditions for agreements with a duration longer than one year or of indefinite duration;
   f. the model withdrawal form if applicable.
6. In the case of a long-term transaction, the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For physical products purchased in our shop (excluding digital products)

1. The consumer may dissolve the agreement relating to the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but may not oblige the consumer to provide it.
2. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   a. if the consumer ordered multiple products in the same order: the day on which the consumer, or a designated third party, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times provided this was clearly communicated before the ordering process.
   b. if delivery consists of multiple shipments or parts: the day on which the consumer, or a designated third party, received the final shipment or part.
   
   For services and digital content not supplied on a tangible medium
3. The consumer does not have the right of withdrawal for service agreements or agreements for digital content not supplied on a tangible medium if execution has begun with the consumer’s prior consent and the consumer declared they waive their right of withdrawal.

Article 7 – Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to establish its nature, characteristics, and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would in a physical shop.
2. The consumer is only liable for diminished value resulting from handling beyond what is permitted.
3. The consumer is not liable for diminished value if the entrepreneur failed to provide legally required information regarding the right of withdrawal.

Artikel 8 – Uitoefening van het herroepingsrecht door de consument en kosten daarvan

1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the cooling-off period via the contact form on the website.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorised representative of the entrepreneur). The consumer has complied with the return period if the product is returned before the cooling-off period has expired.
3. The product must be returned with all supplied accessories, if reasonably possible in original condition and packaging, and according to the entrepreneur’s instructions.
4. The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal. If a return shipment is not received by the entrepreneur, it will not be processed.
5. The consumer bears the direct costs of returning the product.
6. If the consumer exercises the right of withdrawal, all additional agreements will automatically be dissolved.
7. If the consumer wishes to exercise their right of withdrawal, they must complete a return form and include it with the return shipment. Returns without a return form cannot be processed. The consumer can download and print the return form here.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur enables electronic notification of withdrawal, they will immediately confirm receipt electronically.
2. The entrepreneur will reimburse all payments received from the consumer, including any delivery costs charged for the returned product, within 14 days after receiving and inspecting the returned product. If the returned product is damaged or not in original condition, the entrepreneur reserves the right to deduct an appropriate amount or refuse the return.
3. The entrepreneur will use the same payment method for reimbursement that the consumer used for the original payment, unless the consumer agrees to a different method. The reimbursement will be free of charge for the consumer.
4. If the consumer chose a more expensive delivery method than the cheapest standard delivery offered, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Artikel 10 – Uitsluiting herroepingsrecht

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement:

1. Service agreements, after full performance of the service, but only if:
   a. execution has begun with the consumer’s explicit prior consent; and
   b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
2. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
3. Products which, after delivery, are irrevocably mixed with other products due to their nature;
4. The delivery of digital content other than on a tangible medium, but only if:
   a. execution has begun with the consumer’s explicit prior consent; and
   b. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – Pricing

1. The prices stated in the offer for products or services include VAT.

Article 12 – Compliance with the Agreement and Additional Warranty

1. 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 the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
3. An additional warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to fulfil their part of the agreement.

Article 13 – Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address made known by the consumer to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment of more than 50%. If advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer fails to fulfil their payment obligation(s) on time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still fulfil their payment obligations, and payment has not been made within this 14-day period, the consumer will owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.

Article 15 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, and must be fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 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 response.
4. The consumer must in any case allow the entrepreneur 4 weeks to resolve the complaint through mutual consultation.