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GENERAL TERMS & CONDITIONS

Update March 2020

Article 1 - Definitions

In these terms and conditions, the following definitions apply: 1. Reflection period: the period within which the consumer can exercise their right of withdrawal; 2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; 3. Day: calendar day; 4. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time; 5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information; 6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; 7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; 8. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby one or more techniques for remote communication are used exclusively up to and including the conclusion of the contract; 9. Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same room.

Article 2 - Identity of the entrepreneur

Most Wanted BV Chamber of Commerce number: 60794771 VAT identification number: 8540.62.828B01 If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority: If the entrepreneur practices a regulated profession: - the professional association or organization to which they belong; - the professional title, the place in the EU or the European Economic Area where it was granted; - a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer. 2. 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 inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible. 3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request. 4. In case specific product or service conditions also apply alongside these general terms and conditions, paragraphs 2 and 3 apply accordingly and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This concerns in particular: o the price including taxes; o any delivery costs; o the manner in which the contract will be concluded and which actions are necessary for this; o whether or not the right of withdrawal applies; o the method of payment, delivery, and execution of the contract; o the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; o the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the communication medium used; o whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer; o the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract; o any other languages in which, besides Dutch, the contract can be concluded; o the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes of conduct electronically; and o the minimum duration of the distance contract in case of a duration transaction.

Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it. 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. 3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 4. The entrepreneur may—within legal frameworks—investigate whether the consumer can meet their payment obligations, as well as all facts and factors important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution. 5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier: a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints; b. 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; c. information about guarantees and existing after-sales service; d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite. 6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated by the consumer receives the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

To exercise the right of withdrawal, the consumer can use the withdrawal form on our website: most-wanted.com/pages/herroepingsrecht. The entrepreneur will confirm the withdrawal immediately by email.

Article 7 - Costs in case of withdrawal

Article 7 - Costs in case of withdrawal 1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them. 2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal as provided in paragraphs 2 and 3. The exclusion applies only if the entrepreneur has clearly stated this in the offer or at least in time before concluding the contract. 2. Exclusion of the right of withdrawal is only possible for products: a. made by the entrepreneur according to the consumer’s specifications; b. clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control; f. for loose newspapers and magazines; g. for audio and video recordings and computer software whose seal the consumer has broken. 3. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b. whose delivery has begun with the consumer’s explicit consent before the reflection period has expired; c. concerning bets and lotteries.

Article 9 - The price

1. During the validity period stated 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. 2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations on the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer. 3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. 4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed to this and: a. they result from legal regulations or provisions; or b. the consumer has the right to terminate the contract from the day the price increase takes effect. 5. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Guarantee

Article 10 - Conformity and Guarantee 1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for services. 2. The place of delivery is the address the consumer has provided to the company. 3. Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation. 4. In case of dissolution as per the previous paragraph, the entrepreneur will 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 entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. 6. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and renewal

Termination 1. The consumer can terminate a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a termination period of at most one month. 2. The consumer can terminate a contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing agreed termination rules and a termination period of at most one month. 3. The consumer can: o terminate the contracts mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or period; o terminate at least in the same manner as they were concluded; o always terminate with the same termination period as the entrepreneur has stipulated for themselves. Renewal 4. A contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period. 5. Contrary to the previous paragraph, a contract concluded for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a termination period of at most one month. 6. A contract concluded for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a termination period of at most one month and a termination period of at most three months if the contract concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. 7. A limited duration contract for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration 8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a termination period of at most 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 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract. 2. In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. 3. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur. 4. In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure. 2. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. 4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

Article 15 - Disputes

1. Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.

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 they can be stored by the consumer on a durable data carrier in an accessible manner.

ARTICLE 17 – MOBILE SERVICE TERMS

The SMS messaging service of Most Wanted (the "Service") is managed by Most Wanted ("Most Wanted", "we" or "us"). By using the Service, you agree to these terms (the "Mobile Terms"). We may change or discontinue the Service or any of its features at any time without prior notice. To the extent permitted by applicable law, we may modify these Mobile Terms at any time, and your continued use of the Service after the effective date of such changes constitutes your acceptance of those changes.

By opting in to Most Wanted’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Most Wanted at the mobile number you provided, even if your number is registered on a national or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account notifications, etc.). Promotional messages may include offers, special promotions, and other marketing promotions (e.g., cart reminders).

You understand that participation in this program is not required to make purchases and that your consent is not a condition of purchase at Most Wanted. Participation in this program is entirely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees imposed by your mobile carrier for receiving text messages. Message frequency may vary. Message and data rates may apply. Check your mobile plan and contact your carrier for more information. You are solely responsible for all costs associated with SMS/text messages, including those charged by your mobile carrier.

You can opt out of the Service at any time. Text the keyword STOP to Most Wanted or click the unsubscribe link in a received text message to complete your opt-out. You will receive a one-time confirmation of your opt-out via SMS. After that, you will receive no further messages unless you initiate messages again. If you are subscribed to other mobile messaging services from Most Wanted and wish to unsubscribe, you must do so separately according to the instructions in those terms.

For support or assistance with the Service, email customerservice@most-wanted.com.

We may use a different phone number or short code to manage the Service at any time and will inform you accordingly. You acknowledge that messages, including STOP or HELP requests, sent to a changed phone number or short code may not be received and that we are not responsible for honoring such requests.

The mobile carriers supporting the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must re-subscribe to the Service with your new number.

To the extent permitted by applicable law, you agree that we are not liable for failure to send, delayed sending, or misdelivery of any information via the Service, errors in such information, and/or actions you take or do not take based on the provided information or Service.

We respect your right to privacy. Please see our Privacy Policy for more information on how we collect and use your personal data.