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 his 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 purchase 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 him in a way that allows future consultation and unaltered 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 at a distance to consumers;8. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for remote communication are used;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 data about the supervisory authority: If the entrepreneur practices a regulated profession:- the professional association or organization to which he is affiliated;- 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 of 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 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 be made available to the consumer electronically in deviation from the previous paragraph and before the distance contract is concluded, 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 inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.
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 a proper assessment of the offer by the consumer. 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 the acceptance of 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 him 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 submitted and the way in which the consumer can consult these codes of conduct electronically; ando 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 of acceptance by the consumer of the offer and compliance with the conditions attached thereto.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the 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 will 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 - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;c. information about guarantees and existing service after purchase;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 termination of the contract if the contract has a duration of more than one year or is indefinite.6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 7 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur has received the product.2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of withdrawal
Article 7 - Costs in case of withdrawal 1. If the consumer exercises his right of withdrawal, the costs of return shipment will be borne by him up to a maximum.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 of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the contract.2. Exclusion of the right of withdrawal is only possible for products: a. that have been made by the entrepreneur according to the consumer's specifications;b. that are clearly personal in nature;c. that by their nature cannot be returned;d. that can spoil or age quickly;e. whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence;f. for loose newspapers and magazines;g. for audio and video recordings and computer software of which the consumer has broken the seal.3. Exclusion of the right of withdrawal is only possible for services:a. concerning accommodation, transport, catering or leisure to be performed on a specific date or during a specific period;b. the delivery of which has started 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and on which the entrepreneur has no influence, at variable prices. This binding to 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 are the result of 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 are the result of legal regulations or provisions; orb. the consumer has the right to terminate the contract as of 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 Guarantee1. 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 of conclusion of the contract. 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 the provision of services.2. The place of delivery is the address that the consumer has made known 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 the right to any compensation.4. In case of dissolution according to 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 make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is 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 the moment of 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 extension
Termination1. 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, subject to agreed termination rules and a termination period of no more than 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 period, subject to agreed termination rules and a termination period of no more than one month.3. The consumer can terminate the contracts mentioned in the previous paragraphs:o at any time and is not limited to termination at a certain time or during a certain period;o at least terminate in the same way as they were concluded by him;o always terminate with the same termination period as the entrepreneur has stipulated for himself.Extension4. 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. In deviation from 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 fixed period of up to three months, provided the consumer can terminate this extended contract at the end of the extension with a termination period of no more than 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 no more than one month and a termination period of no more than 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 contract with limited duration 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.Duration8. 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 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, the 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 the 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 taken place.3. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.4. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints 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 foreseeable 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 answer.4. If the complaint cannot be resolved by mutual agreement, 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 in an accessible manner on a durable data carrier.
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.
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