Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Cooling off period: the period within which the consumer can exercise his or her right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Term transactions: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;

Durable data carrier: any means that allows the consumer or trader to store information addressed to them personally in a way that allows future retrieval and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: an agreement in which, within the framework of a system for the distance sale of goods and/or services organized by the entrepreneur, one or more distance communication techniques are used exclusively until the agreement is concluded;

Distance communication technology: Means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: L. Consulting

Chamber of Commerce number: 84690445

Trade name: L. Consulting

VAT number: NL003010403B98

Customer service email: help@mhatrade.com

Company address: Albaststraat 49, 1339GZ, Almere, the Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and every order 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 viewed at the entrepreneur’s premises and they will be sent to the consumer free of charge as soon as possible upon request.

If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always rely on the applicable provision most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are wholly or partially ineffective or void at any time, the contract and these terms and conditions remain in force and the relevant provision will be replaced immediately by mutual agreement by a provision that corresponds to the meaning and purpose comes as close as possible to the original purpose.

Situations not provided for in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.

Article 4 – The offer

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

The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to adequately evaluate the offer. If the entrepreneur uses images, these represent a truthful representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

the price, excluding customs clearance fees and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regime for postal and courier services in relation to imports. This regulation applies when the goods are imported into the EU country of destination, which is the case in this case. The postal and/or courier service collects VAT (together with customs clearance fees, if applicable) from the recipient of the goods;

any shipping fees;

the manner in which the contract is concluded and what actions are required for this;

whether the right of withdrawal applies or not;

the manner of payment, delivery and performance of the contract;

the deadline for accepting the offer or the deadline within which the trader guarantees the price;

the level of the distance communication tariff if the costs for the use of the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract will be archived after its conclusion and, if so, how it can be viewed by the consumer

the way in which the consumer can check and, if desired, correct the information provided by him under the contract before entering into the contract;

all languages ‚Äč‚Äčother than Dutch in which the contract can be concluded;

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

the minimum term of the distance contract in the case of a term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the contract.

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

The entrepreneur can – within the legal framework – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this examination, he is entitled to reject an order or an application by stating reasons or to tie the implementation to special conditions.

With the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that it can be kept accessible by the consumer on a durable medium:

  1. the contact address of the entrepreneur’s branch to which the consumer can address complaints;
  2. the conditions and manner in which the consumer can exercise the right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
  3. the information about guarantees and existing after-sales services;
  4. the information contained in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already made this information available to the consumer before the conclusion of the contract
  5. the conditions for termination of the contract if the contract has a term of more than one year or was concluded for an indefinite period.

Each agreement is concluded subject to the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving reasons within a period of 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will treat the product and its 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 to the entrepreneur with all accessories supplied and – if possible – in its original condition and packaging, in accordance with the appropriate and clear instructions provided by the entrepreneur.

If the consumer wants to exercise his right of withdrawal, he must inform the entrepreneur of this within 14 days of receiving the product. The consumer should communicate this in the form of a written notice/e-mail. After the consumer has declared that he wants to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, e.g. B. through proof of shipping.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not exercised his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of cancellation

If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by him.

If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but at the latest within 14 days of the cancellation. The prerequisite for this is that the goods have already been returned to the entrepreneur or conclusive proof of the complete return can be presented.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the contract is concluded.

An exclusion of the right of withdrawal is only possible for products: 

  1. which were created by the entrepreneur according to the consumer’s specifications;
  2. which are clearly personal in nature
  3. which cannot be returned due to their nature
  4. that 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 individual newspapers and magazines
  7. for audio and video recordings and computer software whose seal has been broken by the consumer
  8. for hygiene products where the consumer has broken the seal.

An exclusion of the right of withdrawal is only possible for services

  1. which relate to accommodation, transport, catering or leisure activities to be provided on a specific day or during a specific period;
  2. the delivery of which began with the express consent of the consumer before the end of the cancellation period;
  3. relating to betting and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices mentioned are guide prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has specified them and:

  1. they arise from legal regulations or provisions; or
  2. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

Under Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country in which the carriage begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects import sales tax or clearance fees from the customer. As a result, no VAT is charged to the entrepreneur.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the Company is not obliged to supply the product at the incorrect price.

Article 10 – Compliance and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability and the legal provisions and/or official regulations in force at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products should be returned in their original packaging and in new condition.

The entrepreneur’s guarantee period corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or have otherwise been treated negligently or contrary to the instructions given by the entrepreneur and/or on the packaging;

The defect is the result, in whole or in part, of regulations that the State has issued or will issue regarding the type or quality of the materials used.

Article 11 – Delivery and execution

The Company will exercise the greatest possible care in receiving and fulfilling product orders.

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

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than 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 informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without costs and the right to any damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The return shipping costs are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the time of handover to the consumer or a representative previously named and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Term transactions: duration, termination and renewal

completion

The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services 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 concluded for the regular supply of products (including electricity) or the provision of services at any time at the end of the fixed-term term in accordance with the applicable termination rules and subject to a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

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

terminate it at least as he concluded it;

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

renovation

A fixed-term contract for the regular supply of goods (including electricity) or the provision of services may not be automatically extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term not exceeding three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period not exceeding one month .

A fixed-term contract for the regular supply of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of not more than one month, which period of notice may not exceed three months if the The subject of the contract is the regular delivery of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer can 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 inadmissible for reasons of appropriateness and equity .

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the implementation of the agreement must be fully and clearly described by the entrepreneur within 7 days after the consumer has discovered the defects.

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 answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution process.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Litigation

Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer is resident abroad.