Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services without simultaneous physical presence of the entrepreneur and the consumer, and where only one or more means of distance communication are used;

Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same space at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Moxi
Chamber of Commerce number:
Trade name: Moxi
VAT number:
Customer service email: info.blenza@gmail.com

Article 3 – Applicability

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.

Before a 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 that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means, in deviation from the previous paragraph and before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the location where the general terms and conditions can be accessed electronically will be indicated, and they will be sent free of charge upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced promptly by mutual agreement by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that clearly outlines the rights and obligations attached to acceptance of the offer. This includes:

the price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding importation into the destination EU country, which is the case here. The postal and/or courier service collects the VAT (with or without clearance fees) from the recipient;
any shipping costs;
how the agreement is concluded and which steps are required;
whether the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period during which the offer remains valid or the period during which the price is guaranteed;
the cost of distance communication if different from the basic rate of the communication medium used;
whether the agreement will be archived, and if so, how it can be accessed by the consumer;
how the consumer can check and, if necessary, correct the information provided before the agreement is concluded;
the languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted 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 dissolve the agreement.

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

The entrepreneur may – within the legal framework – assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer in writing or in such a way that the consumer can store it accessibly on a durable data carrier:

the address of the entrepreneur's business location where the consumer can lodge complaints;
the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the information as included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this to the consumer prior to contract execution;
the conditions for terminating the agreement if it lasts more than one year or is of indefinite duration.

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

Each agreement is entered into under the suspensive condition of sufficient availability of the products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason for 30 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer 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 must return the product with all accessories, in original condition and packaging, if reasonably possible, in accordance with the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. Notification must be made in writing/by email. After this, the product must be returned within 30 days. The consumer must prove that the goods were returned in time, which may be directly to our supplier in China. Proof of shipment may be required.

If the consumer does not notify the entrepreneur within the stated periods or does not return the product, the purchase is considered final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they bear the full cost of returning the goods. This includes any return shipping to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 30 days after withdrawal. This is conditional on the product having been received by the seller or that conclusive proof of full return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3, but only if clearly stated in the offer or before the contract is concluded.

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

made to the consumer’s specifications;
clearly personal in nature;
that cannot be returned due to their nature;
that perish or age quickly;
whose price depends on market fluctuations beyond the entrepreneur’s control;
newspapers and magazines;
audio/video recordings and computer software whose seal has been broken by the consumer;
hygienic products whose seal has been broken by the consumer.

Exclusion is only possible for services:

related to accommodation, transport, restaurant or leisure activities on a specific date or period;
whose performance began with the consumer’s explicit consent before the cooling-off period expired;
related to betting and lotteries.

Article 9 – The price

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

Contrary to the above, the entrepreneur may offer products or services at variable prices when these are subject to fluctuations in the financial market beyond the entrepreneur's control. This is stated in the offer.

Price increases within 3 months of the agreement being concluded are only allowed if they are due to legal regulations.

Price increases after 3 months are only permitted if agreed upon and:

they result from legal regulations; or
the consumer may cancel the agreement effective from the day the price increase takes effect.

The place of delivery, under Article 5(1) of the 1968 VAT Act, is the country of dispatch. In this case, this is outside the EU. Therefore, import VAT and clearance costs will be collected by the postal or courier service. The entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of error, the entrepreneur is not obliged to deliver at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and legal requirements and/or government regulations in effect 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.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds with the factory warranty period. However, the entrepreneur is never responsible for the product's suitability for each individual use by the consumer, nor for any advice regarding use or application of the product.

The warranty does not apply if:

The consumer has repaired and/or altered the product themselves or had it done by third parties;
The products were exposed to abnormal conditions or were otherwise handled carelessly or in contradiction to the entrepreneur’s instructions and/or those on the packaging;
The defect is wholly or partially the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

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

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

Subject to what is stated in Article 4 of these terms and conditions, the company will fulfill accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.

In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. This will be clearly and understandably stated upon delivery. For replacement items, the right of withdrawal cannot be excluded. Return shipping costs in such cases are borne by the entrepreneur.

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

Article 12 – Long-term transactions: duration, termination, and renewal

Termination

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

The consumer may terminate a fixed-term agreement involving regular delivery of products (including electricity) or services at the end of the term, with due observance of the applicable termination rules and a notice period of no more than one month.

For the agreements mentioned above, the consumer:

may cancel at any time and is not limited to cancellation at a specific time or period;
may cancel in the same manner as the agreement was entered into;
may always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular supply of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

By way of exception, a fixed-term agreement for regular delivery of daily, news, and weekly newspapers and magazines may be extended automatically for a term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, or no more than three months if the agreement involves delivery less than once a month of daily, news, or weekly newspapers and magazines.

A fixed-term trial or introductory subscription for delivery of daily, news, or weekly newspapers and magazines will not be renewed automatically and ends automatically at the end of the trial or introductory period.

Duration

If an agreement lasts more than one year, the consumer may cancel the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

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

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge reasonable costs previously disclosed to the consumer.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, clearly and completely described.

Complaints submitted to the entrepreneur will be answered within 30 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 30 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.

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

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

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.