Table of contents:

Article 1 - Definitions

Article 2 - Identity of MM Brands

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of MM Brands in the event of revocation

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Fulfilment and additional warranty

Article 13 - Delivery and execution

Article 14 - Long-term transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Addendum: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by MM Brands or by a third party on the basis of an agreement between that third party and MM Brands;
2. Reflection: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: a natural person who is not acting for purposes connected with his trade, business, craft or profession;
4. Day: calendar;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance agreement: a contract for the regular supply of goods, services and/or digital content over a specified period of time;
7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the information stored;
8. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
9. Distance contract: an agreement concluded between MM Brands and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement;
10. Model withdrawal form: the European model withdrawal form set out in Annex I to these Terms and Conditions;

MM Brands:the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers at a distance as set out under these General Terms and Conditions;

1. Technique for distance communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 – Identity of MM Brands

Name of entrepreneur(statutory name, possibly supplemented by a trade name); MM Brands

Business address; Bosscheweg 40, 5056KC Berkel-Enschot, The Netherlands

E-mail address or other electronic means of communication offered to the consumer with the same functionality as email; info@mmbrands.nl

KvK number; 82596131

VAT identification number; NL862532772B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by MM Brands and to every distance agreement concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, MM Brands will indicate how the general terms and conditions can be viewed at MM Brands before the distance agreement is concluded and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the consumer's request by electronic means or by other means.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

 

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If MM Brands uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on MM Brands.
3. Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

 

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
2. If the consumer has accepted the offer by electronic means, MM Brands will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by MM Brands, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel an agreement: however, the consumer can make use of the right of withdrawal (article 6).
3. If the agreement is concluded electronically, MM Brands will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, MM Brands will take appropriate security measures to this end.
4. MM Brands can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, MM Brands has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
5. MM Brands will send 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 data carrier, no later than when the product, service or digital content is delivered to the consumer:
1. the visiting address of the branch of MM Brands where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing after-sales service;
4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
6. If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. MM Brands may ask the consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. MM Brands may, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
3. in the case of contracts for the regular supply of products for a certain period: the day on which the consumer, or a third party designated by him, received the first product.

 

In the case of services and digital content that is not supplied on a tangible medium:

1. The consumer may terminate a service contract and a contract for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without giving reasons. MM Brands may ask the consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium in the event of failure to inform about the right of withdrawal:

1. If MM Brands has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
2. If MM Brands has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only extract or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if MM Brands has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this to MM Brands within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) MM Brands. This is not necessary if MM Brands has offered to pick up the product itself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by MM Brands.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If MM Brands has not notified that the consumer has to bear these costs or if MM Brands indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
6. The consumer shall not bear the costs of the total or partial supply of digital content not supplied on a tangible medium, if:
1. prior to the delivery of the agreement, he did not expressly agree to the commencement of the performance of the agreement before the end of the cooling-off period;
2. he has not acknowledged that he will lose his right of withdrawal when he or she gives his consent; or
3. MM Brands failed to confirm this statement by the consumer.
7. If the consumer makes use of his right of withdrawal, all supplementary agreements will be terminated by operation of law.

 

Article 9 – Obligations of MM Brands in the event of withdrawal

1. If MM Brands enables the notification of withdrawal by the consumer by electronic means, it will immediately send an acknowledgement of receipt upon receipt of this notification.
2. MM Brands will reimburse all payments made by the consumer, including any delivery costs charged by MM Brands for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless MM Brands offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer proves that it has returned the product, whichever is earlier.
3. MM Brands will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, MM Brands does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

MM Brands can exclude the following products and services from the right of withdrawal, but only if MM Brands has clearly stated this in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market beyond MM Brands' control and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by MM Brands to the consumer who is personally present or has the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal as soon as MM Brands has fully performed the agreement;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
6. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery;
10. Alcoholic beverages of which the price has been agreed at the conclusion of the agreement, but of which the delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market over which MM Brands has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. The consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, MM Brands may offer products or services whose prices are subject to fluctuations in the financial market and over which MM Brands has no influence, at variable prices. This fact that there are fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if MM Brands has stipulated this and:
1. they are the result of legal regulations 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 mentioned in the offer of products or services include VAT.

 

Article 12 – Fulfilment of the agreement and additional guarantee

1. MM Brands 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, MM Brands also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by MM Brands, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against MM Brands on the basis of the agreement if MM Brands has failed to comply with its part of the agreement.
3. Extra warranty is understood to mean any obligation of MM Brands, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.

 

Article 13 – Delivery and execution

1. MM Brands will take the utmost care in the receipt and execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to MM Brands.
3. With due observance of what is stated in this regard in article 4 of these general terms and conditions, MM Brands will execute accepted orders with due diligence but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, MM Brands will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with MM Brands until the moment of delivery to the consumer or a representative designated in advance and made known to MM Brands, unless expressly agreed otherwise.

 

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

Termination:

1. The consumer can at any time enter into an agreement that has been entered into for an indefinite period of time and that aims at the regular delivery of products or services.

with due observance of the agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate an agreement that has been entered into for a definite period of time and that aims at the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may use the contracts referred to in the preceding paragraphs:

• cancel at any time and not be limited to termination at a particular time or period;
• at least in the same way as those agreements have been entered into by him;
• with the same notice period as MM Brands has stipulated for itself.

Extension:

1. A fixed-term contract for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
2. By way of derogation from the previous paragraph, a fixed-term contract may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
3. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Expensive:

1. 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 preclude termination before the end of the agreed term.

 

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to MM Brands without delay.
4. If the consumer does not comply with his payment obligation(s) on time, after he has been informed by MM Brands of the late payment and MM Brands has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, he will owe the statutory interest on the outstanding amount after the failure to pay within this 14-day period, and MM Brands will be entitled to charge the extrajudicial collection costs incurred by him to bring to the table. These collection costs amount to a maximum: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. MM Brands may deviate from the amounts and percentages mentioned for the benefit of the consumer.

 

Article 16 – Complaints procedure

1. MM Brands has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to MM Brands within a reasonable time after the consumer has noticed the defects, fully and clearly described.
3. Complaints submitted to MM Brands will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, MM Brands will respond within the period of 14 (fourteen) days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.

 

Article 17 – Disputes

1. Agreements between MM Brands and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where MM Brands has its registered office.

 

Article 18 – Additional or deviating provisions

Additional provisions or provisions that deviate 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 they can be stored by the consumer in an accessible manner on a durable data carrier.