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Terms and Conditions

General terms and conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions have the following meanings:

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;

Continuing performance contract: a distance contract for a series of products and/or services whose delivery and/or purchase obligation extends over a longer period of time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and identical reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the withdrawal period;

Entrepreneur: the natural or legal person who offers the consumer the distance selling of products and/or services;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the contract;

Techniques for distance communication: Means that can be used to conclude a contract without the consumer and the entrepreneur meeting in the same room at the same time.

General conditions: the present general conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Manoxe

Adress: Wagnerplein 27, 2324GB Leiden

E-mailinfo@manoxe.com

Phone+31610346660

Opening hours

Monday-Friday: 09:00 - 19:00
Saturday: 10:00 - 17:00

Closed Sundays and public holidays.



Article 3 - Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically so that he can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

If one or more provisions of these General Terms and Conditions should at any time be wholly or partially invalid or void, the agreement and these General Terms and Conditions shall otherwise remain in full force and effect and the provision in question shall, in consultation between the parties, immediately be replaced by a provision that comes closest to the purpose of the original provision.

In the event of any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions, the interpretation shall be "in the spirit" of these provisions.

Situations not covered by these general terms and conditions will be judged "in the spirit" of these terms and conditions.

Any ambiguity with regard to the interpretation or content of the provisions of these general terms and conditions will be interpreted in favor of the consumer.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these must accurately reflect the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the contractor.

Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to

Price including value added tax;

any delivery costs;

the way in which the contract is concluded and the actions required for this

whether or not there is a right of withdrawal

the method of payment, delivery and performance of the contract

the period for acceptance of the offer or the period during which the contractor guarantees the price

the amount of the rate for distance communication if the costs for the use of distance communication technology are calculated on a basis other than the basic rate;

whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;

how the consumer can check and, if necessary, correct the data provided in connection with the contract before it is concluded;

the other languages in which the agreement can be concluded in addition to Dutch;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a fixed-term contract.

Article 5 - The contract

Without prejudice to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the trader confirms receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the trader must take appropriate security measures.

The entrepreneur may, within the legal framework, investigate the consumer's ability to meet his payment obligations and all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to refuse an order or request or to attach special conditions to the execution, whereby he must give reasons for his decision.

The trader shall enclose the following information with the product or service supplied to the consumer, in writing or in such a way that the consumer can keep it accessible on a durable medium:
The business address of the trader to which the consumer can address a complaint;
the conditions and the way in which the consumer can make use of his right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
information about existing guarantees and after-sales services;
the information referred to in article 4, paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
the conditions for terminating the contract if it has been concluded for more than one year or for an indefinite period.

In the case of a fixed-term transaction, the provision of the previous paragraph only applies to the first delivery.

Article 6 - Right to cancel

For the delivery of products:

When purchasing products, the consumer has the right to cancel the contract without giving any reason for a period of 30 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer is obliged to handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and function of the product. In principle, the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 1.

The consumer's right of withdrawal does not apply on weekends or public holidays. The cooling-off period is a period during which the consumer can assess whether he wishes to keep the product or service.

In the case of services:

In the case of the provision of services, the consumer has the right to withdraw from the contract without giving any reason within a period of at least 30 days from the day of the conclusion of the contract.

To make use of his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.

If the consumer has paid an amount, the entrepreneur must refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products that
are manufactured by the entrepreneur according to the consumer's specifications
are clearly personal in nature
which cannot be returned due to their nature
which are damaged or age quickly
whose price depends on fluctuations in the financial market that are beyond the control of the entrepreneur
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
for accommodation, transportation, catering or leisure activities to be provided on a specific day or during a specific period;
if the delivery has begun with the express consent of the consumer before the end of the withdrawal period;
in relation to betting and lotteries.
Exclusion of the right of withdrawal is only possible for professional consumers.

Article 9 - Prices

The prices stated in the product or service offer include VAT.

Additional costs:

The trader shall inform the consumer in a clear and comprehensible manner if charges other than the usual charges apply.

General:

The price indication must be detailed enough for the consumer to clearly understand the price of the product or service, including all taxes. It must also state whether and how delivery costs are calculated or whether delivery is free or not. And that there is a right of withdrawal.

Article 10 - Conformity and guarantee

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or user-friendliness and the legal and/or regulatory provisions applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, his supplier, the manufacturer or the importer does not affect the statutory rights and claims that the consumer may have against the trader under the agreement.

Defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

The Contractor's warranty period corresponds to the factory warranty period. However, the Contractor shall in no case be responsible for the final suitability of the products for individual use by the consumer or 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 a third party;

The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the instructions of the contractor and/or the packaging;

The defect results in whole or in part from government regulations or regulations to be issued concerning the nature or quality of the materials used.

Article 11 - Delivery and performance

The Contractor shall exercise the utmost care when receiving and fulfilling product orders and when assessing service requests.

The place of delivery is the address that the consumer has communicated to the company.

Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders as soon as necessary, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be carried out, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to cancel the contract free of charge and the right to compensation.

After termination in accordance with the previous paragraph, the contractor will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of the products shall be borne by the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and brought to the attention of the entrepreneur, unless expressly agreed otherwise.

The Contractor is entitled to make partial deliveries. This does not apply if a partial delivery has no independent value. The consumer may withdraw from the contract if a partial delivery has no independent value.

If the contract is concluded electronically, the contractor shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the contractor will take appropriate security measures.

The entrepreneur can, within the legal framework, investigate the consumer's ability to meet his payment obligations and all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to refuse an order or request or to attach special conditions to its execution, whereby he must give reasons for his decision.

The entrepreneur shall enclose the following information with the product or service that he supplies to the consumer, in writing or in such a way that the consumer can keep it accessible on a durable medium:

The business address of the trader to which the consumer can send a complaint;

the conditions and the way in which the consumer can make use of his right of withdrawal or a clear indication of the exclusion of the right of withdrawal;

information about existing guarantees and after-sales services;

the information referred to in article 4, paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;

the conditions for terminating the contract if it has been concluded for more than one year or for an indefinite period.

In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.

Article 12 - Term contracts: duration, termination and renewal

Termination:

The consumer may terminate a contract for the regular delivery of products (including electricity) or services concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the provision of services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

Consumers may terminate the contracts referred to in the preceding paragraphs:

terminate at any time and not be limited to termination at a specific time or during a specific period;

terminate in at least the same way as they concluded the contract;

always terminate with the same notice period that the contractor has set for himself.

Renewal:

A contract that has been concluded for a specific period and provides for the regular delivery of products (including electricity) or services cannot be renewed or tacitly extended for a specific period.

By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time by giving no more than one month's notice. The notice period may not exceed three months if the contract includes the regular delivery of daily or weekly newspapers or magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of 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 termination before the end of the agreed term is not possible for reasons of reasonableness and fairness.

Article 13 - Payment

Unless otherwise agreed, the consumer must pay the amounts due within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall commence as soon as the consumer has received confirmation of the contract.

The consumer is obliged to notify the operator immediately of any inaccuracies in the payment information provided or transmitted.

In the event of non-payment by the consumer, the operator is entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the performance of the contract must be addressed to the entrepreneur in a complete and clearly described form within 7 days after the consumer has discovered the defects.

Complaints addressed to the contractor will be answered within 14 days of receipt. If a complaint requires a longer foreseeable processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that can be settled.

A complaint does not suspend the contractor's obligations, unless the contractor decides otherwise in writing.

If the Contractor is of the opinion that a complaint is justified, it will replace or repair the delivered products free of charge at its discretion.

Article 15 - Disputes

Contracts between the contractor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad.