Terms and conditions

General Terms and Conditions MVB Branding

Contents:

Article 1 – Definitions

Article 2 – Identity of MVB Branding

Article 3 – Applicability

Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the withdrawal period

Article 8 – Exercising the right of withdrawal by the consumer and the corresponding costs
Article 9 – Obligations of MVB Branding in case of withdrawal

Article 10 – Exclusion of the right of withdrawal
Article 11 – The price

Article 12 – Compliance and additional warranty
Article 13 – Delivery and implementation

Article 14 – Long-term transactions: duration, termination, and renewal
Article 15 – Payment

Article 16 – Complaints scheme
Article 17 – Disputes 

Article 18 – Supplementing or deviating provisions

 

Article 1 – Definitions

These conditions use the following definitions:

  1. Supplementing Contract: a contract based on which the consumer acquires products, digital content and/or services in relation to a Distance Contract and based on which these goods, digital content and/or services are provided by MVB Branding or a third party based on an agreement between this third party and MVB Branding;
  2. Withdrawal Period: the period during which the consumer can exercise its right of withdrawal;
  3. Consumer: the natural person not acting for purposes related to his or her trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital Content: data produced and delivered in a digital format;
  6. Continuous Performance Contract: a contract which arranges the regular delivery of goods, services and/or Digital Content during a specific period;
  7. Durable Data Carrier: any resource, including email, which allows the consumer or company to save information personally addressed to it in a manner that makes future consultation or usage during a period in line with the purpose for which the information is intended and unaltered reproduction of the stored information possible;
  8. Right of withdrawal: the opportunity of the consumer to dissolve the Distant Contract during the withdrawal period;
  9. Distance Contract: a contract concluded between MVB Branding and the Consumer in the context of an organised system for the remote sale of products, digital content and/or services, exclusively or also using one or more Remote Communication Technology/Technologies up to the conclusion of the contract;
  10. Model Withdrawal Form: the European model withdrawal form set out in Annexe I to these conditions;
  11. MVB Branding: the legal entity defined in Article 2 which remotely offers products, (access to) digital content and/or services to consumers as set out in these general terms and conditions;
  12. Remote Communication Technology: a resource which can be used to conclude a contract without the consumer and the company meeting having to meet in the same space at the same time;

 

Article 2 – Identity of MVB Branding

Company name: MVB Branding;

Place of establishment; Berkel-Enschot

Bosscheweg 40, 5056KC, Berkel-Enschot

Telephone number -

support@instantwhitening.se

KVK number: 81475829

VAT identification number: NL862108743B01

 

Article 3 – Applicability

  1. These general terms and conditions govern any offer by MVB Branding and any Distance Contract concluded between the company and the Consumer.
  2. The text of these general terms and conditions will be provided to the Consumer before the Distance Contract is concluded. If this is not reasonably possible, MVB Branding will – before the conclusion of the Distance Contract – indicate how the general terms and conditions can be consulted at MVB Branding and MVB Branding will make sure that they will be provided at no cost as soon as possible following a corresponding request by the Consumer.
  3. If the Distance Contract is concluded remotely by electronic means, the following applies by way of deviation from the previous paragraph and before the conclusion of the Distance Contract: the text of these general terms and conditions can be provided to the Consumer by electronic means in such a manner that the Consumer can easily store them on a Durable Data Carrier. If this is not reasonably possible, the location where the general terms and conditions can be accessed by electronic means and the option of providing them by electronic means or by other means at no cost at the request of the Consumer will be communicated before the Distance Contract is concluded.
  4. If specific product or service conditions apply besides these general terms and conditions, the second and third paragraphs will apply mutatis mutandis, and the Consumer will always be able to invoke the applicable provision most beneficial to it in case of conflicting conditions.

 

Article 4 – The offer

  1. If the offer is subject to a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the Consumer to properly assess the offer. If MVB Branding makes use of images, these will be an accurate representation of the offered products, services and/or digital content. Manifest errors or mistakes in the offer will not be binding to MVB Branding.
  3. Each offer will contain sufficient information to make the rights and obligations of a Consumer associated with the acceptance of the offer clear.

 

Article 5 – The contract

  1. The contract will be concluded at the moment of acceptance of the offer by the Consumer and when the corresponding conditions are met, subject to the provisions of paragraph 4.
  2. If the Consumer has accepted the offer by electronic means, MVB Branding will immediately confirm the acceptance of the offer by electronic means. The Consumer can dissolve the contract as long as the receipt of this acceptance is not confirmed by MVB Branding. After receipt of this confirmation, the Consumer can no longer dissolve or cancel an agreement. However, the Consumer can exercise its Right of Withdrawal (Article 6).
  3. If the contract is concluded by electronic means, MVB Branding will take suitable technical and organisational measures to secure the electronic transfer of data and arrange a secure web environment. If the Consumer can pay by electronic means, MVB Branding will take fitting security measures.
  4. MVB Branding can investigate – within the statutory frameworks – whether the Consumer is able to meet its payment obligations, as well as all those facts and factors relevant to the responsible conclusion of the Distance Contract. If MVB Branding has sound reasons not to conclude the contract based on this investigation, it will have the right to reject an order or request with substantiation or make its implementation subject to special conditions.
  5. MVB Branding will provide the Consumer with the following information no later than upon the delivery of the product, service, or digital content in writing or in such a manner that it can be saved by the Consumer in an accessible manner on a Durable Data Carrier:
    1. the visitor's address of the location of MVB Branding to which the Consumer can submit complaints;
    2. the conditions subject to which and the manner in which the Consumer can exercise the Right of Withdrawal, or a clear notice concerning the exclusion of the Right of Withdrawal;
    3. the information about warranties and service after the purchase;
    4. the price, including all taxes, of the product, service, or digital content; insofar as applicable, the costs of delivery; and the manner of payment, delivery, or execution of the distance contract;
    5. the requirements for terminating the contract if the contract lasts for more than one year or for an indefinite duration;
    6. if the Consumer has a Right of Withdrawal, the Model Withdrawal Form.
  6. The provision in the previous paragraph will only govern the first delivery in case of an extended transaction.

 

Article 6 – Right of Withdrawal

  1. The Consumer can dissolve a contract concerning the purchase of a product during a Withdrawal Period of at least 14 (fourteen) days without substantiation. MVB Branding may ask the Consumer about the reason for the withdrawal, but cannot require it to provide its reason(s).
  2. The withdrawal period set out in paragraph 1 will start on the day following the day on which the Consumer, or a third party designated by the Consumer in advance, which is not the carrier, has received the product, or:
    1. if the Consumer has ordered multiple products as part of the same order: the day on which the Consumer, or a third party designated by it, has received the last product. MVB Branding may, provided that it has clearly informed the Consumer about this prior to the ordering process, refuse an order for multiple products with different delivery periods.
    2. if the delivery of a product consists of various shipments or components: the day on which the Consumer, or a third party designated by it, has received the last shipment or last component;
    3. in case of contracts for the regular delivery of products during a fixed period: the day on which the Consumer, or a third party designated by it, has received the first product.

 

In case of services and digital content not delivered on a physical carrier:

  1. The Consumer can dissolve a service contract and a contract for the delivery of digital content not delivered on a physical carrier without substantiation for a period of at least 14 days. MVB Branding may ask the Consumer about the reason for the withdrawal, but cannot require it to provide its reason(s).
  2. The Withdrawal Period set out in paragraph 3 will take effect on the day following the day on which the contract is concluded.

 

Extended Withdrawal Period for products, services, and digital content not delivered on a physical carrier in case no notice of the Right of Withdrawal has been given:

  1. If MVB Branding has not provided the information about the Right of Withdrawal or the Model Withdrawal Form as required by law to the Consumer, the Withdrawal Period will end twelve months after the end of the original Withdrawal Period determined in accordance with the previous paragraphs of this article.
  2. If MVB Branding has provided the information referred to in the previous paragraph to the Consumer within twelve months of the effective date of the original Withdrawal Period, the Withdrawal Period will expire 14 days after the day on which the Consumer has received this information.

 

Article 7 – Obligations of the Consumer during the Withdrawal Period

  1. The Consumer will handle the product and the packaging with care during the Withdrawal Period. The Consumer will only remove the product from the packaging or use it to the extent necessary to determine the nature, the properties, and the operation of the product. A guiding principle in this respect is that the Consumer may only use and inspect the product in the same manner it would be allowed to use or inspect it in a store.
  2. The Consumer will only be liable for a loss of value of the product as a result of a manner of handling the product beyond what is permitted based on paragraph 1.
  3. The Consumer is not liable for a loss of value of the product if MVB Branding failed to provide it with all legally required information about the Right of Withdrawal prior to or upon the conclusion of the contract.

 

Article 8 – Exercising the Right of Withdrawal by the Consumer and corresponding costs

  1. If the Consumer exercises its Right of Withdrawal, it will report this to MVB Branding using the Model Withdrawal Form or in another unambiguous manner during the Withdrawal Period.
  2. The Consumer will return the product or hand it over to (an authorised representative of) MVB Branding as soon as possible, but at the latest within 14 days of the day following the notice referred to in paragraph 1. This is not required if MVB Branding has offered to retrieve the product itself. The Consumer will always have observed the return period if it returns the product before the end of the Withdrawal Period.
  3. The Consumer will return the product with all delivered accessories, in its original condition and packaging (if reasonably possible), and in accordance with the reasonable and clear instructions provided by MVB Branding.
  4. The Consumer bears the risk and burden of proof for the correct and timely exercise of the Right of Withdrawal.
  5. The Consumer will bear the direct costs of returning the product. If MVB Branding has not indicated that the Consumer must bear these costs itself, or if MVB Branding indicates that it will bear these costs itself, the Consumer will not need to pay the costs of returning the product.
  6. The Consumer will not bear the costs of the full or partial delivery of digital content not delivered on a physical carrier, if:
    1. it has not explicitly accepted the start of the fulfilment of the contract before the end of the withdrawal period prior to the corresponding delivery;
    2. it has not acknowledged the loss of its Right of Withdrawal when giving permission; or
    3. MVB Branding failed to provide this declaration to the Consumer.
  7. If the Consumer exercises its Right of Withdrawal, all Supplementing Contracts will be dissolved by operation of law.

 

Article 9 – Obligations of MVB Branding in case of withdrawal

  1. If MVB Branding allows the Consumer to report the withdrawal by electronic means, it will send a confirmation of receipt immediately following the receipt of this notice.
  2. MVB Branding will provide compensation for all payments made by the Consumer, including any delivery costs charged by MVB Branding for the returned product, without any delays but never later than within 14 (fourteen) days following the day on which the Consumer reports the withdrawal. Unless MVB Branding offers to retrieve the product itself, it may postpone the refund until the product has been received or until the Consumer demonstrates that it has returned the product, whichever occurs earlier.
  3. MVB Branding will use the same payment method for the refund as used by the Consumer, unless the Consumer accepts a different method. The refund will not result in any costs for the Consumer.
  4. If the Consumer chose a more expensive delivery method than the cheapest default delivery, MVB Branding is not required to refund the additional costs of the more expensive method.

 

Article 10 – Exclusion of the Right of Withdrawal

MVB Branding can exclude the following products and services from the Right of Withdrawal, but only if MVB Branding has clearly indicated this with the offer, or at least well before the conclusion of the contract:

  1. Products or services which price is bound to fluctuations on the financial market over which MVB Branding cannot exert any control and which may occur during the Withdrawal Period;
  2. Contracts concluded during a public auction. A public auction is defined as a sales method based on which products, digital content and/or services are offered by MVB Branding to a Consumer who is personally present or is given the option of personally attending the auction, managed by an auctioneer, where the successful bidder is required to purchase the products, digital content and/or services;
  3. Service contracts, after completion of the service, but only if:
    1. the execution was started with the explicit prior permission of the Consumer; and
    2. the Consumer has declared that it loses its Right of Withdrawal once MVB Branding has completed the contract;
  4. Service contracts for the provision of accommodation, if the contract contains a specific execution date or period, not including for residential purposes, transport of goods, car rental services, and catering;
  5. Contracts concerning recreational activities, if the contract contains a specific execution date or period;
  6. Products created based on the specifications of the Consumer that are not pre-manufactured and which are created based on an individual selection or decision of the Consumer, or which are clearly intended for a specific person;
  7. Products that perish quickly or have a limited shelf-life;
  8. Sealed products that are not suitable to be returned for health or hygiene reasons and which seal was broken after the delivery;
  9. Products that by nature are irrevocably mixed with other products after the delivery;
  10. Alcoholic drinks which prices have been agreed on upon the conclusion of the contract, but which delivery can only take place after 30 days, and which actual value depends on market fluctuations beyond the control of MVB Branding;
  11. Sealed audio recordings, video recordings, and computer software which seal was broken after delivery;
  12. Newspapers or magazines, except for subscriptions to these;
  13. The delivery of digital content in a different manner than through the use of a physical carrier, but only if:
    1. the execution was started with the explicit prior permission of the Consumer; and
    2. the Consumer has declared that it loses its Right of Withdrawal based on this.


 

Article 11 – The price

  1. The prices of the offered products and/or services will not be increased during the validity period listed in the offer, except for price changes resulting from changes to VAT rates.
  2. By way of deviation from the previous paragraph, MVB Branding can offer products or services which prices are bound to fluctuations on the financial market over which MVB Branding has no control at variable rates. If products and services are bound to fluctuations and if any listed prices are indicative, this will be listed with the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if these are the result of statutory schemes or provisions.
  4. Price increases once 3 months have expired after the conclusion of the contract are only permitted if MVB Branding has stipulated this, and:
    1. these are the result of statutory schemes or provisions; or
    2. the Consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices of products or services listed in the offer include VAT.

 

Article 12 – Fulfilment of the contract and additional warranty

  1. MVB Branding guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government requirements in force on the date on which the contract is concluded. If agreed on, MVB Branding also guarantees that the product is suitable for any other use deviating from its common use.
  2. An additional warranty granted by MVB Branding, its supplier, manufacturer, or importer will never restrict the statutory rights and claims which the Consumer can exercise vis-à- MVB Branding pursuant to the contract if MVB Branding has failed in the fulfilment of its part of the contract.
  3. An additional warranty is defined as any commitment of MVB Branding, its supplier, importer, or manufacturer based on which the Consumer is granted certain rights or claims that go beyond what is required by law if MVB Branding has failed in the fulfilment of its part of the contract.

 

Article 13 – Delivery and implementation

  1. MVB Branding will observe the utmost diligence when receiving and implementing orders for products and when assessing requests for the provision of services.
  2. The place of delivery will be the address provided to MVB Branding by the Consumer.
  3. With due observance of the corresponding provisions of Article 4 of these general terms and conditions, MVB Branding will complete accepted orders with reasonable haste, but never later than within 30 days, unless a different delivery period has been agreed on. If the delivery is delayed or if an order is not or only partially carried out, the Consumer will be notified no later than 30 days after it has placed the order. The Consumer will have the right to dissolve the contract at no cost and to claim potential compensation in this case.
  4. MVB Branding will immediately refund the amount paid by the Consumer after dissolution in accordance with the above paragraph.
  5. The risk of damage to and/or loss of products is vested with MVB Branding until the moment of delivery to the Consumer or a representative designated and communicated with MVB Branding in advance, unless expressly agreed otherwise.

 

Article 14 – Long-term transactions: duration, termination, and renewal

Termination:

  1. The Consumer can always terminate a contract concluded for an indefinite period which aims to arrange the regular delivery of products or services with due observance of the corresponding rules on termination and a notice period of no more than one month.
  2. The Consumer can always terminate a contract concluded for a definite period which aims to arrange the regular delivery of products or services with effect from the end of the definite period with due observance of the corresponding rules on termination and a notice period of no more than one month.
  3. With respect to the contracts set out in the previous paragraphs, the Consumer can:
  • terminate these at any time and not be limited to a specific time or a specific period with respect to the termination;
  • at least terminate these in the same manner as in which it concluded them;
  • always terminate these with the same notice period as MVB Branding stipulated for itself.

Renewal:

  1. A contract concluded for a definite period that aims to arrange the regular delivery of products or services may not be tacitly extended or renewed for a definite period.

 

  1. By way of deviation from the previous paragraph, a contract concluded for a definite period may be tacitly renewed for a definite period of no more than three months if the Consumer can terminate this renewed contract with effect from the end of the renewal with a notice period of no more than one month.
  2. A contract concluded for a definite period that aims to arrange the regular delivery of products or services may only be tacitly renewed by an indefinite period if the Consumer can terminate it at any time with a notice period of no more than one month. 

Duration:

  1. If a contract has a duration of more than one year, the Consumer may always terminate the contract with due observance of a notice period of no more than one month after expiry of one year, unless principles of reasonableness and fairness oppose the termination before the end of the agreed duration.

 

Article 15 – Payment

  1. Insofar as not determined otherwise in the contract or supplementing conditions, any amounts due by the Consumer must be paid within 14 (fourteen) days of the start of the Withdrawal Period, or, in the absence of a Withdrawal Period, within 14 (fourteen) days of the conclusion of the contract. In case of a contract governing the provision of a service, this period will start on the day following the day on which the Consumer received the contract confirmation.
  2. In case of the sale of products to consumers, the Consumer may never be required to pay an advance of more than 50% based on the general terms and conditions. If an advance payment has been stipulated, the Consumer cannot exercise any rights in relation to the execution of the order or service(s) in question before the stipulated advance payment has taken place.
  3. The Consumer is required to immediately report any inaccuracies in the provided or indicated payment details to MVB Branding.
  4. If the Consumer fails to meet its payment obligation(s) on time, it will owe the statutory interest on the amount due once it has been informed of the late payment by MVB Branding, and MVB Branding will have the right to charge the extrajudicial collection costs it has incurred after it has granted the Consumer a period of 14 (fourteen) days to still meet its payment obligations and no payment takes place within this 14-day period. These collection costs will not exceed: 15% on the amounts due up to €2,500; 10% on the subsequent €2,500, and 5% on the subsequent €5,000 with a minimum of €40. MVB Branding can deviate from the listed amounts and percentages to the benefit of the Consumer.

 

Article 16 – Complaints scheme

  1. MVB Branding has an adequately communicated complaints scheme and will handle complaints in accordance with this scheme.
  2. Complaints about the implementation of the contract must be reported to MVB Branding in a complete and clearly described manner within a reasonable period after the Consumer has identified the shortcomings.
  3. Any complaints reported to MVB Branding will be answered within a period of 14 (fourteen) days of the date of receipt. If a complaint requires a foreseeable longer handling period, MVB Branding will provide an answer with confirmation of receipt within the period of 14 (fourteen) days, including an indication of when the Consumer can expect a more detailed answer.

 

Article 17 – Disputes

  1. Contracts between MVB Branding and the Consumer subject to these general terms and conditions are exclusively governed by the laws of the Netherlands. All disputes arising from the contract and/or these general terms and conditions will be submitted to the competent court in the district where MVB Branding has its offices.

 

Article 18 – Supplementing or deviating provisions

Supplementing provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the Consumer and must be set out in writing or in a manner in which the Consumer can save them on a Durable Data Carrier in an accessible manner.