1. Applicability of the General Terms and Conditions
1.1 In these General Terms and Conditions, Moooi is understood to mean: Moooi B.V. having its registered office and principal place of business at Minervum 7003, (4817 ZL) in Breda, the Netherlands and registered under number 34158350 [Chamber of Commerce number] in the Dutch Chamber of Commerce. The VAT identification number is NL8145.27.322.B01.
1.2 In these General Terms and Conditions, Consumer is understood to mean any natural person who acts for purposes which fall outside his business or professional activities.
1.3 In these General Terms and Conditions, the right of withdrawal is understood to mean: the right to cancel the Agreement as referred to under 1.3, in accordance with Article 6:230o of the Dutch Civil Code.
1.4 These General Terms and Conditions are applicable to the remote Agreement concluded between Moooi and the Consumer without either Moooi or the Consumer being personally present and whereby, up until the time when the Agreement was concluded, orders were placed exclusively through the online shop shop-nl.moooi.com.
2. Delivery and delivery charges
2.1 The place of delivery is the address that the Consumer has communicated to Moooi.
2.2 Moooi aims to deliver the products within 7 days after concluding the Agreement. Moooi and the Consumer may agree on a different time period.
2.3 The delivery costs will be listed separately and are not included in the price.
2.4 The products are for the risk of the Consumer from the moment when the Consumer or a third party designated by the Consumer, not being the carrier, has received the products.
3. Consumer acceptance
3.1 The Agreement is concluded at the time the offer is accepted by the Consumer, at which time Moooi has made it clear that the Consumer has entered into a payment obligation. Moooi will confirm this as soon as possible.
3.2 Moooi reserves the right to decline orders. The Consumer, if desired, can ask Moooi by email for the reason why an order was declined. The email address for Moooi is firstname.lastname@example.org .
4. Payment terms
4.1 Unless otherwise agreed, the amounts payable by the Consumer must be paid at the moment Moooi has made clear that the Consumer has entered into a payment obligation.
4.2 The prices on Moooi's website are denominated in euros. Moooi and the management of Moooi are not responsible for the consequences of errors and differences in the images and design changes on Moooi's website.
4.3 Moooi is entitled to carry out a check into the creditworthiness of the Consumer if an order is placed and the payment method chosen is by credit card. Based on the information obtained, Moooi may offer an alternative payment method or decline the order.
5. Retention of title
5.1 Moooi reserves ownership vis-à-vis the Consumer for all delivered products until the moment the Consumer has met all its obligations owed to Moooi under the Agreements.
6. Right of withdrawal
6.1 The Consumer may terminate the Agreement, without giving reasons, up to a period of thirty (30) days after:
A) the day on which the Consumer or a third party designated by the Consumer, not being the carrier, has received the products;
B) the day on which the Consumer or a third party designated by the Consumer, not being the carrier, has received the final products, if the Consumer ordered several products in the same order which are delivered separately;
C) the day on which the Consumer or a third party designated by the Consumer, not being the carrier, has received the final consignment or final part if the delivery of the products consists of various consignments or parts; or
D) The day on which the Consumer or a third party designated by the Consumer, not being the carrier, has received the first products for an Agreement which covers the regular delivery of products during a certain period;
6.2 The Consumer shall exercise the right as referred to in paragraph 1 by sending Moooi the completed standard return form, within the prescribed period in that paragraph or an unequivocal statement to that effect. This standard form will be provided to the Consumer within a reasonable period of time after the conclusion of the Agreement, but at the latest at the time of delivery of the products.
6.3 If the Consumer sends a notice of withdrawal electronically via Moooi's website or email address, Moooi will confirm without delay the receipt of this notice.
6.4 The burden of proof for the correct and timely exercise of the right as referred to in paragraph 1 lies with the Consumer.
6.5 The Consumer does not have the right to cancel an Agreement for the delivery of products which have been manufactured according to the Consumer's specifications, which are not as standard offered by Moooi and which are manufactured on the basis of the Consumer's individual choice, for example a product in different sizes, or a product with specific upholstery or specific color chosen by the Consumer.
6.6 Moooi will refund all payments received by the Consumer, including delivery costs, within fourteen (14) days after the date of receiving the products or within 14 days after the Consumer has provided sufficient proof of dispatch of the products.
6.7 Moooi will refund the original payment method used by the Consumer, unless the Consumer has expressly agreed to another payment method and on the understanding that the Consumer will not incur any costs.
6.8 The Consumer is liable for any reduction in the value of the products if evaluation of the products has exceeded the level necessary to establish the nature, characteristics and operation thereof. If the Consumer wants to make use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Moooi. Returns will only be accepted if the products are received undamaged by Moooi.
6.9 The cost of the return shall be borne by the Consumer, if the Consumer makes use of his/her right of withdrawal.
7.1 Moooi guarantees that the products comply with the Agreement, the specifications listed in the offer, the reasonable demands of validity and/or usefulness and the on the date of the conclusion of the Agreement existing legal provisions and/or government regulations.
7.2 A guarantee provided by Moooi, the manufacturer or the importer does not affect the legal rights and claims that the Consumers may be entitled to vis-à-vis Moooi on the basis of the Agreement.
7.3 Insofar as Moooi has delivered products under guarantee to the Consumer, all obligations of Moooi arising from this guarantee are void if errors, defects or shortcomings in respect of those products are the result of incorrect, careless or improper use/management of those products by the Consumer. If the Consumer makes a claim under the guarantee, but that claim subsequently appears unjustified, Moooi has the right to charge the Consumer for the work and costs involved in investigating the claim and carrying out any repairs in accordance with Moooi's usual rates. The invoices serves as proof of guarantee.
These General Terms and Conditions have been drawn up on 6 february 2017 and can be changed from time to time by Moooi. The General Terms and Conditions accepted by the Consumer at the time of concluding the Agreement(s) apply to that/those Agreement(s).