Legal

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: the natural person who is not acting in the course of business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Distance contract: a contract concluded through an organised system for distance selling of products and/or services, where communication up to and including the conclusion of the contract is carried out exclusively by one or more remote communication techniques;

Durable medium: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes it possible to consult and reproduce the information unchanged in the future;

Right of withdrawal: the possibility for the consumer 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-selling communication technique: a medium that allows the conclusion of a contract without the consumer and entrepreneur being in the same place at the same time;

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

Article 2 – Identity of the Entrepreneur

MEXORA

E-MAIL: INFO@MEXORA.NL

COMPANY REGISTRATION NUMBER: 89986121

VAT NUMBER: NL004778146B60

Article 3 – Applicability 

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded and order placed 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer at their request, free of charge, as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored on a durable medium in an accessible manner. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or by other means, at their request.

If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favourable to them.

If one or more provisions of these general terms and conditions are or become fully or partially void or annulled, the agreement and the remaining provisions of these terms will remain in effect. In such cases, the relevant provision will be amended by mutual agreement to reflect the original intention as closely as possible. Situations not regulated by these general terms and conditions will be assessed "in the spirit" of these general terms and conditions. Any ambiguities in the interpretation or content of one or more provisions of these terms should be explained in the "spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur has the right to change and adjust the offer. The offer will contain a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer will not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or the cancellation of the agreement. Images of products will accurately represent the offered items. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products. Every offer contains sufficient information to make clear to the consumer what rights and obligations are attached to the acceptance of the offer, including:

• the price including taxes;
• any shipping costs;
• the way the agreement will be concluded and the actions required;
• whether the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the time frame for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the cost of using remote communication techniques if calculated on a basis other than the regular standard rate for the communication method used;
• whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
• how the consumer can check and, if desired, correct the information provided by them before concluding the agreement;
• any other languages in which, besides Dutch, the agreement can be concluded;
• how the consumer can consult the code of conduct electronically;
• the minimum duration of the distance agreement in the case of a long-term transaction. Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement will be concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth therein. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm the receipt of the consumer's acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within the limits of the law, verify whether the consumer can meet their payment obligations, as well as any other facts and factors important for responsibly entering into the distance agreement. If the entrepreneur has reasonable grounds to believe that the agreement should not be entered into, they have the right to refuse an order or request or to impose special conditions.

The entrepreneur will send the consumer the following information in writing or in such a way that the consumer can easily store it on a durable medium:

• the business address where the consumer can file complaints;
• the conditions and method for exercising the right of withdrawal, or a clear notification if the right of withdrawal is excluded;
• information about guarantees and after-sales services;
• the data mentioned in Article 4, paragraph 3, unless already provided to the consumer before the execution of the agreement;
• the requirements 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 provision of the previous paragraph only applies to the first delivery.

Each agreement is subject to the suspensive condition of the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without providing a reason within 14 days. This cooling-off period begins the day after the consumer or a representative designated by the consumer receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises the right of withdrawal, the product should be returned to the entrepreneur, along with all delivered accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

To exercise the right of withdrawal, the consumer must inform the entrepreneur within 14 days after receiving the product. This notification should be made by means of a written message or email. After notifying the entrepreneur of the intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the product has been returned on time, such as by providing proof of dispatch.

If the consumer has not notified the entrepreneur of their intent to withdraw or has not returned the product within the time frame stated in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been received by the entrepreneur or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

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, at least in good time before the conclusion of the agreement. The right of withdrawal may only be excluded for products that:

• Have been created by the entrepreneur according to the consumer’s specifications;
• Are clearly of a personal nature;
• By their nature cannot be returned;
• Are likely to deteriorate or expire quickly;
• Have a price dependent on fluctuations in the financial market over which the entrepreneur has no control;
• Concern single newspapers and magazines;
• Concern audio or video recordings or computer software where the consumer has broken the seal;
• Are hygiene products where the consumer has broken the seal.

The right of withdrawal may also be excluded for services:

• Related to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• Where the delivery has explicitly begun with the consumer’s consent before the cooling-off period has expired;
• Related to betting and lotteries.

Article 9 – The Price

The prices of the products and/or services offered will not be increased during the validity period mentioned in the offer, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, which are subject to fluctuations in the financial market over which the entrepreneur has no control. The entrepreneur will mention this dependency on fluctuations in the offer and that the indicated prices are indicative only.

Price increases within three months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases after three months from the conclusion of the agreement are only allowed if agreed upon by the entrepreneur and:

• The increase is due to legal regulations or provisions; or
• The consumer has the right to terminate the agreement as of the day the price increase comes into effect.

The prices mentioned in the offer for products or services are inclusive of VAT.

All prices are subject to printing, typographical, and clerical errors. The entrepreneur accepts no liability for the consequences of such errors. In case of printing, typographical, or clerical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

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

The warranty does not apply if:

• The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or contrary to the entrepreneur’s instructions or the instructions on the packaging;
• The defect is wholly or partially the result of regulations imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest care in accepting and performing orders for products. The place of delivery will be the address the consumer has provided to the entrepreneur.

Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will perform accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement without incurring any costs and is entitled to any damages.

In case of cancellation 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 cancellation. If the delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the time of delivery, the consumer will be clearly informed if a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of returning the item will be borne by the entrepreneur.

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

Article 12 – Long-Term Transactions: Duration, Termination, and Extension

Termination The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a fixed period and which involves the regular delivery of products (including electricity) or services, at any time, before the end of the agreed period, subject to the agreed-upon termination rules and a notice period of no more than one month.

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

• At any time, without being restricted to termination on a specific date or within a certain period;
• At least in the same manner as they entered into the agreement;
• Always with the same notice period as the entrepreneur has agreed for themselves.

Extension An agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a certain period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which involves the regular delivery of daily, weekly, or monthly newspapers and magazines may be automatically extended for a period of up to three months, provided the consumer terminates this extended agreement by the end of the month.

An agreement entered into for a fixed period and which involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer is allowed to terminate the agreement at any time with a notice period of no more than one month, and no more than three months if the agreement involves the regular delivery of daily, weekly, or monthly newspapers and magazines.

An agreement for a limited period involving the trial or introductory delivery of newspapers, magazines, or periodicals will not be automatically extended and will end automatically after the trial or introductory period.

Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless a longer period has been agreed upon.

Article 13 – Payment

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

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

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

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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

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

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

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.