General Terms and Conditions - English
The following words in these Terms and Conditions have the meaning ascribed to them below, unless the context in which they are used provides otherwise:
Cooling off period means de period in which a consumer can make use of the right of withdrawal;
Consumer means the natural person who does not act on behalf of the purposes which are related to commercial, company, trade or professional activities;
Day means calendar day;
Digital content means data which is produced and delivered in digital form;
Distance agreement means the agreement made between Mokkō and consumer in light of an organised system for remote sales of products, digital content and/or services in which up until the conclusion of the contract explicitly or partially is made use of one of more remote communication techniques;
Right of withdrawal means the possibility for a consumer to remotely withdraw from the agreement within the cooling off period;
Sustainable data carrier means every tool – which also includes e-mail – that a consumer or Mokkō has made available to save information that is addressed to him personally for future reference or use during a period that is agreed upon in the purpose for which the information is meant to be used, and from which the saved information can be reproduced unchanged;
Mokkō means the enterprise Mokkō / Mokkō Amsterdam established at H.J.E. Wenckebachweg 93, 1096 AL Amsterdam and with postal address Van Oldenbarneveldtstraat 52-Z, 1052KC Amsterdam and registered in the Commercial Register of the Chamber of Commerce under number 68171919. Contact person: Aad Bos, email@example.com; and
Withdrawal form means the text form at the bottom of this document by which a consumer can remotely withdraw from the agreement within the cooling off period; and
Website means the website of Mokkō, being www.mokkoamsterdam.com
- These terms and conditions apply to every offer made by Mokkō and every distance agreement between Mokkō and a consumer.
- Before the distance agreement is concluded, the text of the terms and conditions is electronically made available to de consumer in a manner which can be easily saved on a sustainable information carrier. If this is not reasonably possible, then Mokkō shall inform about how the terms and conditions can be reached through electronic means or at the request of consumer send the information electronically or by other means without any additional charges, before the distance agreement is concluded. These terms and conditions have been made available to the consumer on the website.
- If specific product or service conditions are applicable in addition to the general terms and conditions, the terms and conditions continue to apply and, in the event of contradiction between the specific and general terms, the consumer can choose to rely on the most favorable terms.
- In relation to any offer of products, digital content and/or services by Mokkō, it is not bound by such offers made if they contain apparent mistakes and/or apparent errors.
- Every offer shall contain clear information for the consumer to understand its rights and obligations related to the acceptance of the offer.
- The offer in the web shop is without obligation. Mokkō is entitled to change and adapt the offer.
- All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Pictures of products are a close representation of the offered products. Mokkō cannot guarantee that the colors are exactly the same in real.
- The agreement is concluded when the consumer accepts the offer and the related conditions have been met.
- In case the consumer has accepted the offer by electronic means, then Mokkō will promptly send a receipt confirmation of the acceptance of the offer by electronic means.
Right of withdrawal
- The consumer can terminate a distance agreement regarding the purchase of a product and/or service within the cooling off period of 14 days, without incurring a penalty and without being required to give any reason.
- The cooling off period of article 1 will commence on the day following the day that the consumer, or a third party assigned by the consumer (who is not the transporter), has received the product, or:
- if the consumer has purchased several products in the same order: on the day on which the consumer, or a third party assigned by consumer, has received the last product of such order. Mokkō can refuse an order of multiple products with different shipping dates;
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party assigned by the consumer, has received the last shipment or last part of the order; or
- in case of agreements for delivery on a regular / more frequent basis during a specific period: the day on which the consumer, or a third party assigned by the consumer, has received the first product.
- In the event of purchasing a service, on the day of concluding the agreement, provided the services have not yet been provided. See also article 6 under “exercising the right of withdrawal” below for withdrawal during the process of providing (a part of the agreed) services by Mokkō.
Treatment of product during the cooling off period
- During the cooling off period the consumer will treat the product and packaging with the utmost care. He will only unpack and use the product in such way necessary to determine the nature, features and its proper function. As a guiding principle, the consumer shall treat and inspect the product in the same way that he would be allowed to do in a store.
- The consumer is responsible and liable for the value decrease of the product as a result of treatment and/or inspection in a different manner than as provided in article 1.
Exercising the right of withdrawal
- When the consumer makes use of its right of withdrawal, he will make this known to Mokkō within the cooling off period by using the text of the withdrawal form or in a different clear and unambiguous manner.
- As soon as possible, but within 14 days following the day mentioned in article 1, the consumer will send the product back at his own costs or return this to (a representative of) Mokkō. This will not be necessary if Mokkō has offered to collect the product. The consumer will in any event be on time if he has returned the product before the cooling off period has ended.
- The consumer will, at his own costs and responsibility, return the product with all delivered accessories and in its original state and packaging, in accordance with the instructions given by Mokkō, if any.
- The risk and burden of proof for timely and correctly exercising the right of withdrawal lies with the consumer.
- The consumer will carry all costs, burden and risk involved in relation to the return of the product.
- If Mokkō or its agent commenced providing a service during the cooling off period and the consumer invokes its right of withdrawal, the consumer will owe Mokkō a sum proportionate to the provided services compared to the fully agreed services.
Obligations of Mokkō with withdrawal
- If Mokkō has made the withdrawal by the consumer possible through electronic means, Mokkō will send a receipt confirming the receipt of the notice of withdrawal.
- Mokkō will compensate the payments made by the consumer for delivered products, including delivery costs charged by Mokkō (if any) for the delivery of the product, provided received by Mokkō, but excluding costs of returning the product by the consumer to Mokkō. The payment will be transferred by Mokkō within 14 days following the day the consumer communicated the withdrawal, provided the product has been received by Mokkō and is in ‘new state’ (i.e. in the same condition as the consumer received the product).
- Mokkō uses the same payment method that the consumer used for payment of the product, unless the consumer agrees with an alternative method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive method of shipment than the cheapest standard shipment method, then Mokkō does not have to reimburse for the more expensive method.
Exclusions of the right of withdrawal
Mokkō excludes the following from the right of withdrawal:
- Products made following the specifications of the consumer, which are not standard products or product finishes in the collection of Mokkō and are created based on the choices and the individual decisions of the consumer, or which are clearly meant for a specific person.
- During the period of validity of the offer (if any), the prices of the offered products and/or services will not be increased, except if the change in price are a result of a change in applicable VAT-rates.
- All prices are subject to misprints. Mokkō is not liable for misprints. By misprints Mokkō is not obligated to deliver the product according to the incorrect price. Misprints are to be determined at Mokkō’s discretion.
Compliance, defect and warranty
- Mokkō warrants that the products and/or services meet the terms of the agreement, the specifications mentioned in the offer and the reasonable demands of reasonable use and the on the date of establishment of the agreement existing legal regulations and provisions.
- Immediately after receipt of the product and/or service, the consumer verifies the nature, features and functioning of the product and/or service and in the event of any malfunction the consumer will notify Mokkō of any malfunction within 24 hours after receipt thereof via e-mail addressed to firstname.lastname@example.org. Mokkō aims to amicably solve any problems related to defects, together with the consumer and, if not possible, to search for an appropriate solution. Return of products must be made in the original packaging and new state.
- The warranty period is 1 (one) year on the structural integrity. This warrantee explicitly does not cover blemishes, stains, small chips or scratches due to normal wear and tear, change of color etc.
- Mokkō is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The consumer understands that, given the natural nature of the materials and products and the hand-finishing thereof, the color of the material can differ from the photos on the website, on social media or otherwise provided or published by Mokkō. The consumer accepts minimal deviations of color and imperfections.
- In any case, no claim under the warranty of this article can be made can be made in case of (i) repair, modification, damage or by negligence by/of the consumer, (ii) regular wear and tear, and/or (iii) damage resulting from ignoring the instructions or requirements indicated by Mokkō, (iv) exposing products to unusual circumstances or careless or reckless treatment and/or (iv) in the cases as mentioned in article 4 above (regarding hand-finishing and color).
- Additional warranty provided by a supplier, manufacturer or importer of Mokkō, does not limit the legal rights and claims that the consumer can invoke on grounds of the agreement against Mokkō, in the event that Mokkō has failed to meet his part of the agreement.
- Additional warranty means every commitment of a supplier, importer or producer of Mokkō, in which he assigns certain rights and claims to the consumer, which exceed the legal obligations he has in case he has failed to meet his part of the agreement.
Execution and delivery agreement
- Mokkō will observe the utmost care when receiving and executing the orders of products and evaluating requests for the delivery of services.
- The place of delivery is the address that the consumer has made known to Mokkō.
- The consumer must provide Mokkō with the correct address, e-mail address and telephone number. Any changes in this must be timely communicated to Mokkō. If the consumer has provided an incorrect address for delivery, then the extra costs will be charged to the consumer.
- All delivery times are indicative. Exceeding a term gives consumers no right to compensation. Delivery takes place provided there is sufficient stock. If the stock is insufficient, Mokkō will notify the consumer thereof.
- The ownership of the delivered products transfers to the consumer after the due amount is paid. The risk of the products transfers to the consumer at the moment of delivery at the address of the consumer.
- Mokkō shall complete the order in no more than 10 weeks, unless another delivery term has been agreed upon and unless there is a delay on the side of a supplier, producer or other third party Mokkō depends on for a timely delivery to the consumer. If the delivery is delayed or if a delivery cannot be completed or can only be partially completed, the consumer will receive notice thereof as soon as possible and in no more than 30 days after having made the order. In this case the consumer has the right to terminate the agreement without incurring any costs.
- After terminating the contract in accordance with the previous article, then Mokkō will immediately reimburse the sum paid by the consumer.
- The risk of damage and/or loss of the products rests on Mokkō up until the moment of delivery to the address of the consumer or a representative made known to Mokkō in advance, unless specifically agreed upon otherwise.
- To the extent not otherwise provided, the amount due to be paid by the consumer are to be paid in full within 14 days after the agreement has been made. If the agreement has been made for the delivery of a service, this period will start on the day the agreement has been concluded.
- The consumer has the obligation to immediately report to Mokkō any errors in payment information. Payment orders for giro and banking institutions are for the risk and responsibility of the one giving the order (or authorisation) for payment.
Mokkō and the consumer are not bound to meet any obligation, if they are hindered following a circumstance that cannot be regarded as due to their fault, or should be for their account by virtue of the law, legal act or according to generally accepted standards.
- Any complaints at the address of Mokkō can be directed by e-mail to Aad Bos, at email@example.com.
- Complaints about the execution of the agreement are to be submitted to Mokkō in a clear and complete manner as soon as possible and if such complaint relates to a product or service, within 24 hours after receipt of the product or service.
- Complaints submitted to Mokkō are to be answered within a period of 7 days from the date the complaint has been received. If the complaint requires a foreseeable longer processing time, then Mokkō will make this known to the consumer within 7 days, indicating when the consumer can expect a full answer.
- If complaints that cannot be solved amicably and in joint consultation between Mokkō and the consumer, the consumer has the possibility to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate free of charge. If there is no solution reached following the mediation, the consumer has the possibility to submit the complaint to Stichting GeschilOnline, who will resolve the matter with a binding decision. The consumer and Mokkō agree with the binding force of the decision. The consumer must pay the costs of this binding decision making process.
- If the consumer complaint is well founded, Mokkō has the possibility to replace or repair the delivered products free of charge.
Privacy and safety
- Mokkō respects the privacy of the consumer. Mokkō handles and processes all personal details given to her according to the current regulations. By concluding the agreement, the consumer agrees to this handling.
- Any deviations of these terms and conditions can only be agreed on by written agreement. No rights may be derived from such specific deviations in subsequent legal relationships (for which only the general terms and conditions apply), unless specific deviations are (again) agreed on.
- The administration of Mokkō is, unless proven otherwise by consumer, regarded as proof of request, orders and/or other agreements. The consumer agrees that electronic communication can serve as evidence.
- Mokkō may transfer its rights and obligations under an agreement to a third party by means of a single notification to the consumer.
- If and to the extent that any provisions of these terms and conditions are declared null and void or nullified, this shall in no way affect the other provision of these general terms and conditions and these will remain in force. Mokkō shall then establish a new provision to replace such provision, where the spirit of the provision will be observed as much as possible.
Dutch law applies to the agreements and all related and resulting obligations stemming therefrom between Mokkō and the consumer.
Please use the below text as text for the withdrawal form in the event of withdrawal by mail (post) or e-mail:
Text withdrawal form
t.a.v. Aad Bos
Van Oldenbarneveldtstraat 52-z
Herewith I notify you that withdraw from the following order:
Order or invoice number:
Product / service ordered on (dd-mm-yy):
Order received on (dd-mm-yy):
First – and last name:
Name of street and house number:
Zip or postal code:
Please sign this document if sent per regulairr mail (post) instead of e-mail.