Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may 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 trader;

Day: calendar day;

Long-term 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 data carrier: any medium that enables the consumer or trader 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 option 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 at a distance;

Distance contract: a contract concluded within the framework of an organised system by the trader for the distance sale 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: any means that can be used for concluding a contract without the consumer and the trader being in the same place at the same time.

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

Article 2 – Identity of the trader

Company name: BRNT&CO.

Chamber of Commerce number: 98005189

Trade name: Morgan & Stella Vermont

VAT number: NL868321539B01

Customer service email: info@morganstella-vermont.com

Business address: Uilehorst 23, 2675WP Honselersdijk

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before concluding the distance contract, indicate that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, 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 them on a durable data carrier. If this is not reasonably possible, the trader will indicate before concluding the distance contract 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.

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

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

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities 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

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the trader.

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

Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains information enabling the consumer to clearly understand the rights and obligations associated with accepting the offer, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services for imports into the EU destination country, which is also the case here. The postal and/or courier service will collect VAT (possibly together with clearance fees) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the agreement 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 trader guarantees the price;

  • the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;

  • whether the contract will be archived after its conclusion, and, if so, how it can be accessed by the consumer;

  • the way the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the agreement;

  • any other languages in which the contract can be concluded in addition to Dutch;

  • the codes of conduct to which the trader has committed 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 long-term transaction.

Optional: available sizes, colours, types of materials.

Oké, ik ga verder met de Engelse vertaling vanaf Article 5 – The Agreement en houd dezelfde juridische stijl en structuur aan als in het eerste deel.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

  3. 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 observe appropriate security measures.

  4. The trader may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

  5. The trader shall provide the consumer, together with the product or service, the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

    • the physical address of the trader’s business location where the consumer can lodge complaints;

    • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

    • information on warranties and existing after-sales service;

    • the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided these to the consumer before performance of the contract;

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

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

  7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 30 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, has received the product.

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

  3. If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 30 days after receiving the product. Notification must be made in writing or by email. After notifying the trader, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time to the place of origin, which may also be directly to our supplier in China. The consumer can do so, for example, by providing proof of shipment.

  4. If the consumer has not notified the trader within the periods specified in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, and/or has not returned the product to the trader, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, the cost of returning the products is entirely at the consumer’s expense. This includes possible return costs to the country of origin, namely our supplier in China.

  2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the returned product has already been received by the trader or conclusive proof of complete return shipment can be supplied.

Article 8 – Exclusion of the Right of Withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. Exclusion is only possible if the trader has clearly stated this in the offer, or at least before the conclusion of the agreement.

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

    • that have been produced 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 rapidly;

    • whose price is subject to fluctuations in the financial market beyond the trader’s control;

    • for individual newspapers and magazines;

    • for audio and video recordings and computer software of which the consumer has broken the seal;

    • for hygiene products where the seal has been broken by the consumer.

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

    • concerning accommodation, transport, restaurant business, or leisure activities to be carried out 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 betting and lotteries.

Perfect — ik ga verder met de vertaling van Articles 9 t/m 15, in dezelfde juridische stijl als eerder.

Article 9 – The Price

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

  2. Contrary to 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 guide prices will be stated in the offer.

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

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

    • they are the result of statutory regulations or provisions; or

    • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

  5. The place of delivery, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is the country where transportation begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance fees. Therefore, the trader will not charge VAT.

  6. 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 such errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

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

  3. 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.

  4. The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 altered the delivered products themselves or had them repaired and/or altered by third parties;

    • the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been treated contrary to the trader’s instructions and/or those on the packaging;

    • the defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The trader will take the greatest possible care when receiving and executing product orders.

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

  3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 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 carried out, 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 dissolve the agreement at no cost and is entitled to possible compensation.

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

  5. If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. It will be clearly stated, no later than upon delivery, that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

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

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

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period, which extends to 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 an agreement entered into for a fixed term, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may:

    • terminate the agreements referred to in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period;

    • terminate them at least in the same manner as they were entered into by the consumer;

    • always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal

  1. A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

  2. Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.

  3. A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite term 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 agreement extends to the regular, but less than once-a-month, delivery of daily, news, and weekly newspapers and magazines.

  4. A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate it 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

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

  2. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the trader.

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

Article 14 – Complaints Procedure

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

  2. Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 30 days 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 by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

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

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

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.