Terms & Conditions

Article 1 – Definitions

For the purposes of these Terms & Conditions:

Cooling-Off Period: the period during which the consumer may exercise their right of withdrawal;

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

Day: calendar day;

Long-Term Transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time;

Durable Medium: any means which enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the Cooling-Off Period;

Trader: the natural or legal person who offers products and/or services to consumers by means of distance selling;

Distance Contract: a contract concluded within the framework of an organised system for the distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of Distance Communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same place;

Terms & Conditions: these Terms & Conditions of the trader.

Article 2 – Applicability

These Terms & Conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms & Conditions shall 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 Terms & Conditions can be inspected at the trader's premises and will be sent free of charge at the consumer's request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms & Conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it on a Durable Medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the Terms & Conditions can be accessed electronically and that they will be sent free of charge electronically or by other means at the consumer's request.

If, in addition to these Terms & Conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms & Conditions are at any time wholly or partially void or annulled, the agreement and these Terms & Conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the original provision as closely as possible.

Situations that are not covered by these Terms & Conditions shall be assessed in accordance with the spirit of these Terms & Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of these Terms & Conditions shall be interpreted in accordance with the spirit of these Terms & Conditions.

Article 3 – The Offer

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

The offer is non-binding. The trader is entitled to amend and modify 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 properly assess the offer. If the trader uses images, these shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not be binding on the trader.

All images, specifications and information included in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

Product images are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Every offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

• the price, excluding customs clearance charges and import VAT. These additional costs shall be borne by and remain the responsibility of the customer. The postal or courier service may collect the VAT, together with any customs clearance charges, from the recipient of the goods;
• any delivery charges;
• the manner in which the agreement will be concluded and the steps required for this;
• whether or not the Right of Withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer or the period during which the trader guarantees the price;
• the applicable rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard rate for the communication method used;
• whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
• how the consumer can check and, if desired, correct the information provided by them in connection with the agreement before the agreement is concluded;
• the languages, if any, in which the agreement may be concluded in addition to Dutch;
• the codes of conduct to which the trader has committed and how the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a Long-Term Transaction.

Optional: available sizes, colours and types of materials.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

Within the limits of the law, the trader may establish whether the consumer is able to meet their payment obligations, as well as ascertain all facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the trader has reasonable grounds not to enter into the agreement, they shall be entitled to refuse an order or request, providing reasons, or attach special conditions to its execution.

The trader shall provide the consumer, together with the product or service, 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:

1. the address of the trader's establishment where the consumer may submit complaints;
2. the conditions under which and the manner in which the consumer may exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
3. information regarding guarantees and existing after-sales service;
4. the information referred to in Article 4, paragraph 3 of these Terms & Conditions, unless this information has already been provided to the consumer before the agreement was performed;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a Long-Term Transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the condition that the relevant products are sufficiently available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 30 days. This Cooling-Off Period begins on the day after the product has been received by the consumer or by a representative previously designated by the consumer and notified to the trader.

During the Cooling-Off Period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their Right of Withdrawal, they shall return the product, including all accessories supplied and, where reasonably possible, in its original condition and packaging, to the trader in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their Right of Withdrawal, they must notify the trader within 30 days of receiving the product. Notification must be made in writing or by email. After notifying the trader of their intention to exercise the Right of Withdrawal, the customer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of postage.

If the customer has not notified the trader of their intention to exercise the Right of Withdrawal within the periods specified above, or has not returned the product, the purchase shall become final.

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises their Right of Withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, and no later than 30 days after withdrawal, provided that the product has already been received by the online retailer or conclusive proof of complete return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's Right of Withdrawal for products as described in paragraphs 2 and 3. The exclusion of the Right of Withdrawal shall only apply if the trader has clearly stated this in the offer, or at least in sufficient time before the agreement is concluded.

Exclusion of the Right of Withdrawal is only possible for products:

1. that have been produced by the trader according to the consumer's specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that deteriorate or expire rapidly;
5. whose price depends on fluctuations in the financial market over which the trader has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal;
8. for hygiene products where the consumer has broken the seal.

Exclusion of the Right of Withdrawal is only possible for services:

1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2. where performance has begun with the consumer's express consent before the Cooling-Off Period has expired;
3. relating to betting and lotteries.

Article 8 – Price

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

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This link to fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

1. they result from statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement from the date on which the price increase takes effect.

The place of supply shall, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, be the country where transport commences. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service may charge the recipient import VAT and/or customs clearance charges. The trader will therefore not charge VAT.

All prices are subject to printing and typographical errors. The trader accepts no liability for the consequences of printing or typographical errors. In the event of a printing or typographical error, the trader is not obliged to supply the product at the incorrect price.

Article 9 – Identity of the Trader

Company name: Movelyn
Email: info@movelyn.co.uk

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 soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for purposes other than normal use.

Any guarantee provided by the trader, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

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

The trader's guarantee period corresponds to the manufacturer's guarantee period. However, the trader shall never be responsible for the ultimate suitability of the products for any 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 has repaired and/or modified the products themselves or has had them repaired and/or modified by third parties;
• the products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the instructions of the trader and/or those stated on the packaging;
• the inadequacy is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the greatest possible care when receiving and fulfilling orders for products.

The address provided by the consumer to the company shall be regarded as the place of delivery.

Subject to the provisions of Article 4 of these Terms & Conditions, the company shall fulfil accepted orders promptly and no later than 30 days after the order has been placed, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer shall have the right to terminate the agreement without charge and shall be entitled to any applicable compensation.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader shall endeavour to provide a replacement item. The consumer shall be clearly and understandably informed at the latest upon delivery that a replacement item is being supplied. The Right of Withdrawal may not be excluded for replacement items. The cost of returning a replacement item shall be borne by the trader.

The risk of damage and/or loss of products shall remain with the trader until the products have been delivered to the consumer or to a representative previously designated by the consumer and notified to the trader, unless expressly agreed otherwise.

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

Termination

The consumer may terminate an agreement concluded for an indefinite period that provides for 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.

The consumer may terminate an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed 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 and not only at a specific time or during a specific period;
• at least in the same manner as the agreement was entered into;
• always with the same notice period as the trader has stipulated for itself.

Renewal

An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

By way of derogation from the previous paragraph, an agreement concluded for a fixed period for the regular delivery of daily, weekly and monthly newspapers and magazines may be automatically extended for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period that provides for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer is entitled to 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 agreement provides for the regular delivery of daily, weekly and monthly newspapers and magazines less frequently than once a month.

An agreement of limited duration for the regular delivery of daily, weekly and monthly newspapers and magazines on a trial or introductory basis shall not be automatically continued and shall 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 the first year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the beginning of the Cooling-Off Period as 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 is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader shall, subject to statutory limitations, have the right to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the trader within 7 days after the consumer has identified the defects, and must be fully and clearly described.

Complaints submitted to the trader shall be answered within 30 days of receipt. If a complaint requires a foreseeable longer processing period, the trader shall respond within the 30-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 by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.

A complaint shall not suspend the trader's obligations unless the trader states otherwise in writing.

If a complaint is found to be justified by the trader, the trader shall, at its discretion, either replace or repair the products supplied free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these Terms & Conditions relate shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 onwards in connection with the Dutch Act amending the Turnover Tax Act 1968 (implementing the Payment Services Directive), payment service providers may register payment data in the European CESOP system.