Terms and Conditions

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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions

Article 1 – Definitions
In these conditions the following terms have the following meanings:

Reflection period: the period within which the customer can make use of his right of withdrawal;
Customer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with No Mejora B.V.;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable medium: any means that enables the customer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that No Mejora B.V. makes available that a customer can fill in if he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to customers from a distance;
Distance contract: an agreement whereby, in the context of a system organized by No Mejora B.V. for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for communication on distance;
Technology for distance communication: means that can be used to conclude an agreement, without the customer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of No Mejora B.V..

Article 2 – Identity of the entrepreneur
No Mejora B.V.
Daalwijkdreef 47
1103 AD Amsterdam
Email address: [email protected]
Chamber of Commerce number: 80055931
VAT identification number: 861541832B01

Article 3 – Applicability
These general terms and conditions apply to every offer from No Mejora B.V. and to every distance contract and orders between No Mejora B.V. and customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at No Mejora B.V. and that they will be sent free of charge as soon as possible at the request of the customer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that these can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the customer can always rely on the applicable provision that applies to him / her most favourably.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be replaced without delay by a provision that approached the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained “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 without obligation. No Mejora B.V. is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If No Mejora B.V. uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for No Mejora B.V..
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. No Mejora B.V. 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 customer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the term for accepting the offer, or the term within which No Mejora B.V. guarantees the price;
the level of the rate for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the customer;
the way in which the customer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
the codes of conduct to which No Mejora B.V. is subject and the way in which the customer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in the event of a length transaction.
Optional: available sizes, colors, type of materials.

Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the customer accepts the offer and meets the corresponding conditions.
If the customer has accepted the offer electronically, No Mejora B.V. will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by No Mejora B.V., the customer can dissolve the agreement.
If the agreement is concluded electronically, No Mejora B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, No Mejora B.V. will take appropriate security measures.
No Mejora B.V. can – within legal frameworks – inquire whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, No Mejora B.V. has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
No Mejora B.V. will send the following information with the product or service to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
the visiting address of the business location of No Mejora B.V. where the customer can go with complaints;
the conditions under which and the way in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these terms and conditions, unless No Mejora B.V. has already provided this information to the customer prior to the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the customer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and announced to No Mejora B.V..
During the reflection period, the customer will handle the product and packaging with care. Products whose seal (plastic film) has been broken or torn cannot be returned. If the customer makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to No Mejora B.V., in accordance with the reasonable and clear instructions provided by No Mejora B.V..
If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to No Mejora B.V. within 14 days after receipt of the product. The customer must make this known in writing or by email. After the customer has made it known that he
wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to No Mejora B.V., the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the customer makes use of his right of withdrawal, the costs of returning the goods are for his account.
If the customer has paid an amount, No Mejora B.V. will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the customer, unless the customer explicitly gives permission for a different payment method.
In the event of damage to the product due to careless handling by the customer himself, the customer is liable for any depreciation of the product.

Article 8 – Exclusion of right of withdrawal
No Mejora B.V. can exclude the customer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if No Mejora B.V. has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
for hygienic products of which the customer has broken the seal.
that have been created by No Mejora B.V. in accordance with the customer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly.

Article 9 – The price
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 as a result of changes in VAT rates.
Contrary to the previous paragraph, No Mejora B.V. can offer products or services whose prices are subject to fluctuations in the financial market and over which No Mejora B.V. has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if No Mejora B.V. has stipulated this and:
these are the result of statutory regulations or provisions; or
the customer has the authority to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, No Mejora B.V. is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Warranty
No Mejora B.V. 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 legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, No Mejora B.V. also guarantees that the product is suitable for other than normal use.
A guarantee provided by No Mejora B.V., manufacturer or importer does not affect the legal rights and claims that the customer can assert against No Mejora B.V. on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to No Mejora B.V. in writing or by email immediately or no later than 14 days after delivery. Return of the products must be in the original packaging and in new condition.
No Mejora B.V.’s warranty period corresponds to the manufacturer’s warranty period. However, No Mejora B.V. is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the customer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are contrary to the instructions of No Mejora B.V. and / or have been treated on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11 – Delivery and implementation
No Mejora B.V. will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the customer makes known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without costs. The customer is not entitled to compensation. 4. All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, No Mejora B.V. will refund the amount that the customer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, No Mejora B.V. will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of No Mejora B.V..
The risk of damage and / or loss of products rests with No Mejora B.V. until the moment of delivery to the customer or a pre-designated representative made known to No Mejora B.V., unless expressly agreed otherwise.

Article 12 – Payment
Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1.
The customer has the duty to report inaccuracies in provided or stated payment details to No Mejora B.V. without delay.
In the event of non-payment of the customer, No Mejora B.V. has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 13 – Complaints procedure
No Mejora B.V. has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to No Mejora B.V. within 2 months, after the customer has discovered the defects.
Complaints submitted to No Mejora B.V. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, No Mejora B.V. will reply within 14 days with a confirmation of receipt and an indication when the customer can expect a more detailed answer.
In case of complaints, a customer must first turn to No Mejora B.V..
A complaint does not suspend No Mejora B.V.’s obligations, unless No Mejora B.V. indicates otherwise in writing.
If a complaint is found to be well-founded by No Mejora B.V., No Mejora B.V. will replace or repair the products delivered free of charge, at his discretion.

Article 14 – Disputes
Contracts between No Mejora B.V. and the customer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the customer lives abroad.
The Vienna Sales Convention does not apply.

Article 15 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.