Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Ongoing transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: The consumer’s option to cancel the distance contract within the cooling-off period.

  • Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.

  • Distance contract: A contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.

  • Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously.

  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

MPW E-commerce

Trasmolenlaan 12, 3447 GZ Woerden, The Netherlands

Email: info@melovo-fashion.com (mailto:info@melovo-fashion.com)

VAT number: NL003117386B73

Chamber of Commerce: 76807355

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon 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 apply mutatis mutandis, and the consumer may, in the case of conflicting terms, rely on the provision that is most favorable to them.

  5. If one or more provisions in these General Terms and Conditions are wholly or partially void or annulled at any time, the contract and these terms will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

  6. Situations not regulated by these General Terms and Conditions shall be assessed in the spirit of these terms.

  7. Uncertainties regarding the interpretation or content of one or more provisions of these terms shall be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The Offer

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

  2. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

  3. 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  4. All images and specifications in the offer are indicative and cannot be grounds for compensation or termination of the contract.

  5. Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

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

    • The price, excluding customs clearance costs and import VAT. These additional costs are at the consumer’s expense and risk. The postal or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies when goods are imported into the EU country of destination, which is the case here. The postal or courier service will collect the VAT (possibly together with clearance costs) from the recipient of the goods.

    • Any shipping costs.

    • The manner in which the contract will be concluded and the actions required for this.

    • Whether or not the right of withdrawal applies.

    • The method of payment, delivery, and performance of the contract.

    • The period for accepting the offer or the period within which the entrepreneur guarantees the price.

    • The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used.

    • Whether the contract is archived after its conclusion, and if so, how it can be accessed by the consumer.

    • The way the consumer can check and, if desired, correct the information provided by them in the context of the contract before concluding it.

    • Any other languages in which, in addition to Dutch, the contract can be concluded.

    • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.

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

    • Optional: available sizes, colors, and types of materials.

Article 5 – The Contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

  4. Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet their payment obligations and investigate all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

  5. The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:

    • The visiting address of the entrepreneur’s establishment where the consumer can address complaints.

    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

    • Information about warranties and existing after-sales service.

    • The information listed in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

    • The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

  6. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to terminate the contract without giving reasons within 14 days. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

  2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via a written message/email. After notifying the entrepreneur of their intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example, by providing proof of shipment.

  4. If the consumer has not notified the entrepreneur of their intent to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer’s expense.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the web retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the contract.

  2. Exclusion of the right of withdrawal is only possible for products:

    • That have been made by the entrepreneur according to the consumer’s specifications.

    • That are clearly personal in nature.

    • That cannot be returned due to their nature.

    • That can spoil or age quickly.

    • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

    • For individual newspapers and magazines.

    • For audio and video recordings and computer software where the consumer has broken the seal.

    • For hygienic products where the consumer has broken the seal.

  3. Exclusion of the right of withdrawal is only possible for services:

    • Concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period.

    • Whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired.

    • Concerning bets and lotteries.

Article 9 – The Price

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

  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

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

  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

    • They result from statutory regulations or provisions; or

    • The consumer has the right to terminate the contract as of the day the price increase takes effect.

  5. Pursuant to Article 5, paragraph 1 of the Dutch VAT Act 1968, the place of delivery is the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In case of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

  7. Additional customs clearance costs and/or import duties are not included in the price and are at the buyer’s expense.

Article 10 – Conformity and Warranty

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

  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the contract.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

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

  5. The warranty does not apply if:

    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.

    • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging.

    • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products.

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

  3. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly 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 or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without costs and is entitled to any compensation.

  4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

  5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the entrepreneur’s expense.

  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Extension

Termination

  1. The consumer may terminate a contract concluded for an indefinite period and aimed at the regular delivery 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.

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

  3. The consumer may terminate the contracts mentioned in the previous paragraphs:

    • At any time and not be limited to termination at a specific time or period.

    • At least in the same manner as they were entered into.

    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

4. A contract concluded for a definite period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. 5. In deviation from the previous paragraph, a contract concluded for a definite period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. 6. A contract concluded for a definite period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract involves the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines. 7. A contract with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

8. 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 reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 – Payment

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

  2. The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the entrepreneur.

  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has identified the defects.

  2. Complaints submitted to the entrepreneur will be answered within a period of 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

  3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

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

  5. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. apply are exclusively governed by Dutch law, even if the consumer resides abroad. Consumers in the United Kingdom may benefit from mandatory consumer protections under UK law that cannot be excluded by this choice of law