Terms of service

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

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 exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Duration transaction: A distance contract concerning a series of products and/or services, with the obligation to deliver and/or purchase spread over time.
  • Durable medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them 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.
  • Model form: The model withdrawal form provided by the entrepreneur that a consumer can use to exercise their right of withdrawal.
  • Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
  • Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using only one or more means of distance communication up to and including the conclusion of the contract.
  • Technique for distance communication: Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same space.
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Mokaholic
Romeinenstraat 13
6369CE Simpelveld
Netherlands

Email: info@mokaholic.com
Chamber of Commerce (KVK): 90185021
VAT number: NL004794900B12

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available 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 distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original provision as closely as possible. Situations not regulated in 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 of our terms and conditions should be interpreted in the spirit of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors 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 such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • the price, including taxes;
  • any possible costs of delivery;
  • the way in which the agreement will be concluded and which actions are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
  • whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by them within the framework of the agreement and, if desired, correct it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer 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 will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may - within legal frameworks - inform themselves as to whether the consumer can meet their 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 enter into the agreement based on this investigation, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about guarantees and existing after-sales services;
  • the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
  • 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 duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

When delivering products:

  • When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts 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 will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify this using the model form or another communication method such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of proof of shipment.
  • If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

  • If the consumer exercises their right of withdrawal, the maximum cost of returning the goods will be borne by the consumer.
  • 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. This is conditional upon the product having been received back by the web retailer or conclusive proof of complete return being provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
  • If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product's value.
  • The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before concluding the purchase agreement.

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 only applies if the entrepreneur has clearly stated this in the offer or at least in good time before concluding the agreement.

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

  • that have been created by the entrepreneur according to the consumer’s specifications;
  • that are clearly personal in nature;
  • that, by their nature, cannot be returned;
  • that can spoil or age quickly;
  • whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal.

Article 9 - The Price

  • During the validity period mentioned 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.

  • Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any listed prices are target prices will be stated in the offer.

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

  • Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

    • these result from statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

  • The prices mentioned in the offer of products or services include VAT.

  • All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  • The entrepreneur ensures 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use 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 under the agreement.

  • Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery of the defect.

  • The warranty period of the entrepreneur 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.

  • The warranty does not apply if:

    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or treated contrary to the instructions of the entrepreneur and/or on the packaging;
    • the defectiveness is wholly or partially 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 Execution

  • The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost. The consumer is not entitled to compensation.
  • All delivery periods are indicative. No rights can be derived by the consumer from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  • In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 pre-designated representative notified to the entrepreneur unless otherwise expressly agreed.

Article 12 - Duration Transactions: Duration, Termination, and Extension

Termination

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

  • The consumer may terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.

  • The consumer may terminate the agreements mentioned in the previous paragraphs:

    • at any time and not be limited to termination at a specific time or in a specific period;
    • at least terminate in the same manner as they were entered into by the consumer;
    • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, commences. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  • The consumer is obliged to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  • 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

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months 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 foreseeable 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 answer.
  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  • In the event of complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee entails costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

  • Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Amended on: 30-08-2024