1. GENERAL TERMS AND CONDITIONS
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business
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 the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-Term Contracts: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 17 – Liability
Article 1 – Definitions
In these terms and conditions, the following terms have the following meanings:
- 1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
- 2. Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the business;
- 3. Day: calendar day;
- 4. Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or accept is spread out over time;
- 5. Durable medium: any medium that enables a consumer or business to store information addressed personally to them in a way that allows for future reference and the unaltered reproduction of the stored information.
- 6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
- 7. Model Form: the model withdrawal form provided by the business that a consumer can fill out when they wish to exercise their right of withdrawal.
- 8. Business: a natural or legal person who offers products and/or services to consumers through distance selling;
- 9. Distance contract: a contract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
- 10. Means of distance communication: a method that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.
- 11. Terms and Conditions: the entrepreneur’s Terms and Conditions set forth herein.
Article 2 – Identity of the Business Operator
Kadolandhome (Meva Global B.V.)
14 General van der Duyn Avenue
5623LA Eindhoven, Netherlands
Email: info@mevaglobal.nl
Phone: +31 40 295 0107
Tax ID: 82873763
By the way: NL862636589B01
Article 3 – Applicability
- 1. These general terms and conditions apply to every offer made by the business and to every distance contract and order entered into between the business and the 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 stated before the distance contract is concluded that the general terms and conditions are available for inspection at the business’s premises and will be sent free of charge as soon as possible upon the consumer’s request.
- 3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or by other means upon request.
- 4. In the event that specific product or service terms and 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 consumer may always rely on the applicable provision that is most favorable to them.
- 5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are set aside, the agreement and these terms and conditions shall remain in full force and effect in all other respects, and the relevant provision shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original provision as closely as possible.
- 6. Situations not covered by these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.
- 7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 – The Offer
- 1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- 2. The offer is non-binding. The business is entitled to modify and adjust the offer.
- 3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious errors or omissions in the offer are not binding on the business.
- 4. All images and specifications in the offer are for illustrative purposes only and cannot serve as grounds for compensation or termination of the agreement.
- 5. Product images are a true representation of the products offered. The seller cannot guarantee that the colors displayed will exactly match the actual colors of the products.
- 6. Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically concerns:
o the price including taxes;
o any shipping costs;
o the manner in which the contract will be concluded and the actions required for this;
o whether the right of withdrawal applies;
o the method of payment, delivery, and performance of the contract;
o the period for accepting the offer, or the period during which the business guarantees the price;
o the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard base rate for the communication method used;
o whether the contract is archived after its conclusion, and if so, how it can be accessed by the consumer;
o the manner in which the consumer, prior to concluding the contract, can verify and, if desired, correct the data provided by them in connection with the agreement;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o the codes of conduct to which the business operator has subscribed and the manner in which the consumer can access these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, and types of materials.
Article 5 – The Agreement
- 1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
- 2. If the consumer has accepted the offer electronically, the business must immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may cancel the contract.
- 3. If the contract is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the business operator shall take appropriate security measures to that end.
- 4. The business may—within the legal framework—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business operator has valid grounds not to enter into the contract, they are entitled to refuse an order or request with justification or to impose special conditions on its execution.
- 5. The business must provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
a. the street address of the business’s location where the consumer can file complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information regarding warranties and existing post-purchase service;
d. the information set forth in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. - 6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.
- 7. Every agreement is subject to the condition precedent of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
1. The consumer has the right to cancel the contract without giving any reason within 14 days of receiving the product.
2. The cooling-off period begins on the day after the consumer, or a third party designated by the consumer (not the carrier), has received the product.
3. The consumer must handle the product and its packaging with care. The product may only be unpacked and tested to the extent necessary to determine its nature, characteristics, and functioning, just as one would be permitted to do in a physical store.
4. If the consumer exercises their right of withdrawal, they must notify us within 14 days of receipt via email or using the model withdrawal form.
5. After this notification, the consumer has 14 days to return the product.
6. The consumer is responsible for the cost of the return shipment, unless otherwise agreed in advance.
7. The consumer is fully liable for any depreciation of the product resulting from use that exceeds the limits set forth in paragraph 3.
8. Products must, where reasonably possible, be returned in their original condition, undamaged, complete, and in their original packaging, including all accessories and documentation.
9. If the product is incomplete, damaged, or has been used in a manner that goes beyond what is necessary for inspection, the seller reserves the right to charge for a reduction in value or to refuse the return to the extent permitted by law.
10. The right of withdrawal does not apply to:
- products that cannot be returned for hygiene reasons and whose seal has been broken;
- products that have clearly been used for food preparation or household purposes;
- products that, by their nature, cannot be sold as new after use.
11. For electrical appliances, please note that putting them into use (such as cooking, heating, mixing, or baking) is considered use that goes beyond what is necessary for evaluation and may result in a reduction in value or a refusal of return.
12. The merchant is entitled to withhold a refund until the product has been returned or the consumer has provided proof that the product has been returned.
When providing services:
13. Where applicable, the consumer has the right to cancel the contract for services within 14 days, unless performance has already begun with the consumer’s express consent.
Article 7 – Costs of Withdrawal
1. If the consumer exercises their right of withdrawal, they are fully responsible for the costs of returning the goods, unless otherwise expressly agreed.
2. The merchant will refund all payments received from the consumer, including standard shipping costs, as soon as possible but no later than 14 days after the cancellation.
3. The business owner may delay reimbursement until:
- the product has been received in good condition, or
- the consumer has provided proof that the product has been returned,
whichever comes first.
4. Refunds will be issued via the same payment method used by the consumer, unless the consumer expressly agrees to a different method.
5. If the product is damaged, incomplete, or has been used beyond what is necessary for evaluation, the seller reserves the right to charge for depreciation and to deduct this amount from the refund.
6. Any additional costs resulting from the consumer choosing a more expensive shipping method than standard delivery will not be refunded.
Article 8 – Exclusion of the Right of Withdrawal
1. The business may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
2. The right of withdrawal may be excluded only for products:
a. that have been produced by the business in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, by their nature, cannot be returned;
d. that are liable to deteriorate or expire rapidly;
e. for which the price is subject to fluctuations in the financial market over which the business has no control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygiene products where the consumer has broken the seal.
- 3. The right of withdrawal may be excluded only for services:
a. relating to accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specific period;
b. the provision of which has begun with the consumer’s express consent before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 – Prices
1. All prices listed on the website are in euros, including VAT and excluding any shipping costs, unless otherwise stated.
2. During the validity period specified in the offer, prices will not be increased, except for changes resulting from changes in VAT rates or legal requirements.
3. The business reserves the right to change prices at any time, provided that such changes do not affect agreements that have already been concluded.
4. Notwithstanding the foregoing, the business may offer products or services with variable prices if such prices depend on fluctuations in the financial market over which the business has no control. This will be clearly stated in the offer.
5. Obvious errors, mistakes, or malfunctions (including typos, pricing errors, or technical errors on the website or with third parties such as payment providers) are not binding on the merchant. The merchant is entitled to cancel orders based on such errors and to refund any amounts already paid in full.
6. If a price is clearly incorrect and the consumer could reasonably have understood that this was an error, the consumer cannot derive any rights from that price.
7. Any additional costs resulting from supplementary options chosen by the consumer (such as expedited shipping) will be clearly displayed in advance and are the responsibility of the consumer.
8. Price increases after the conclusion of a contract are permitted only if they result from statutory regulations or provisions.
9. The business is not liable for damages resulting from price changes, pricing errors, or incorrect price displays.
Article 10 – Conformity and Warranty
1. The seller warrants that the products comply with the agreement, the stated specifications, the reasonable requirements of quality and fitness for purpose, and the applicable legal provisions.
2. The consumer is entitled to the statutory warranty. This means that a product must perform as the consumer can reasonably expect, given the nature of the product and the information provided.
3. Any additional warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights.
4. The consumer must notify the business in writing of any defects within a reasonable period after discovery, but no later than 2 months.
5. In the event of a valid warranty claim, the seller will, at its discretion and in accordance with the law, repair the product, replace it, or issue a (partial) refund at no cost to the customer.
6. The consumer must return the defective product for inspection at the business’s request.
7. For products that, in the seller’s opinion, have been misused, damaged, or returned incomplete, the right to repair, replacement, or refund may be wholly or partially forfeited to the extent permitted by law.
8. For electrical appliances, damage caused by:
- improper use;
- incorrect connection (e.g., wrong voltage);
- insufficient maintenance;
- use contrary to the manual;
at the consumer’s expense and risk.
9. The warranty does not apply if:
- the product has been modified or repaired by a third party without authorization;
- This is normal wear and tear;
- damage caused by dropping, impact, water, or fire;
- The product has been used for purposes other than those for which it was intended.
10. The business is not liable for damage resulting from improper or unsafe use of the product, except in cases of willful misconduct or gross negligence.
11. If a complaint is found to be unfounded, the consumer may be charged for the costs of the investigation and return shipping.
Article 11 – Delivery and Performance
1. The business will exercise the utmost care in processing and fulfilling orders.
2. The delivery address is the address provided by the consumer when placing the order. The consumer is responsible for entering the delivery address correctly and in full.
3. The business owner strives to deliver orders as soon as possible. Unless otherwise specified, the delivery period is a maximum of 30 days. The delivery times listed are approximate and do not constitute a strict deadline.
4. In the event of a delay in delivery, the consumer will be notified as soon as possible. If the maximum delivery period of 30 days is exceeded, the consumer has the right to cancel the contract at no cost.
5. In the event of termination as referred to in paragraph 4, the business will refund the amount already paid within 14 days of termination.
6. If delivery of a product proves impossible due to circumstances beyond the business’s control, the business is entitled to cancel the order and refund the amount paid.
7. The seller is entitled to deliver an equivalent substitute product if the ordered product is unavailable, provided this is clearly communicated in advance or at the latest upon delivery. In that case, the consumer retains the right of withdrawal.
8. The risk of damage to and/or loss of products remains with the business until the time of actual delivery to the consumer or a third party designated by the consumer, unless otherwise agreed.
9. If a product is marked as delivered by the carrier (for example, via track and trace), this serves as proof of delivery, unless the consumer can demonstrate that this is not the case.
10. The business is not liable for delays caused by third parties, such as carriers, customs, government measures, or other external factors, unless there is intent or gross negligence.
11. If a package is returned undeliverable due to incorrect address information or failure to pick it up from a pickup point in a timely manner, the merchant may charge reasonable fees for reshipment.
Article 12 – Long-Term Transactions
1. This provision applies only to contracts of a continuing nature, such as subscriptions or recurring deliveries.
2. Where applicable, the consumer has the right to terminate an open-ended contract at any time with a notice period of no more than one month.
3. Fixed-term contracts are not automatically renewed for a specific term, unless permitted by law.
4. To the extent applicable, the statutory rules regarding the termination and renewal of long-term contracts apply.
Article 13 – Payment
1. Payment must be made immediately upon placing the order using the available payment methods, unless otherwise expressly agreed.
2. The business reserves the right to refuse orders or impose additional conditions if there are valid reasons to doubt payment or if fraud or abuse is suspected.
3. The consumer is required to immediately notify the business of any inaccuracies in the payment details provided or listed.
4. If the consumer fails to meet their payment obligation(s) on time, the business will notify them of the late payment and grant them a 14-day grace period to fulfill their obligations.
5. If payment is not received within this period, the consumer is liable for the statutory collection costs in accordance with the Collection Costs Act. The business is also entitled to charge statutory interest.
6. All reasonable costs, both judicial and extrajudicial, incurred by the business in seeking out-of-court settlement shall be borne by the consumer.
7. The merchant may use third-party payment providers. For payments made through third parties, the terms and conditions of the relevant provider also apply.
Article 14 – Complaints Procedure
1. The business owner has a clearly communicated complaint procedure in place and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the contract must be submitted to the business in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. The business will respond to submitted complaints within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within 14 days, along with an estimate of the timeframe within which a substantive response can be expected.
4. The consumer must allow the business to investigate the complaint and, if necessary, inspect the product.
5. If a complaint is found to be valid, the business will, at its discretion and in accordance with legal provisions, either:
- free repair,
- replace, or
- (partial) refund.
6. If a complaint is found to be unfounded, the costs incurred by the business for investigation and return shipping may be charged to the consumer.
7. Filing a complaint does not suspend the consumer’s obligation to pay, unless the business has confirmed otherwise in writing.
8. If the complaint cannot be resolved through mutual agreement, the consumer may use the European Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
9. All agreements are governed by Dutch law.
https://ec.europa.eu/consumers/odr
Article 15 – Disputes
1. All agreements between the business and the consumer are governed exclusively by Dutch law.
2. If the consumer resides outside the Netherlands, the mandatory provisions of consumer law in the consumer’s country of residence shall apply, to the extent that they are applicable to the agreement.
3. Disputes between the business and the consumer will first be resolved through mutual agreement.
4. If a dispute cannot be resolved through mutual agreement, the consumer may submit the dispute to the European Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
5. To the extent permitted by law, disputes that are not resolved through the ODR platform will be submitted to the competent court in the Netherlands.
6. The Vienna Sales Convention (CISG) is expressly excluded.
Article 16 – Supplementary Provisions
1. Any additional provisions or provisions that deviate from these general terms and conditions are valid only if they have been expressly agreed upon in writing or electronically between the business and the consumer.
2. Such additional or deviating provisions may not deviate from mandatory statutory provisions to the detriment of the consumer.
3. The business will ensure that these additional or deviating provisions are provided in such a way that the consumer can easily save them on a durable medium.
4. If any additional provision or exception is found to be in conflict with any statutory provision, the remaining provisions shall remain in full force and effect, and the provision in question shall be replaced by a provision that aligns as closely as possible with the intent of the original provision.
Article 17 – Liability
1. The business owner is not liable for indirect damages, including consequential damages, lost profits, lost savings, and damages resulting from business interruption.
2. The business’s total liability is limited in all cases to the amount the consumer paid for the product in question, unless there is intent or gross negligence on the part of the business.
3. The seller is not liable for damage resulting from incorrect, careless, or improper use of the product by the consumer or by third parties.
4. The consumer is required to carefully follow the instructions for use and safety guidelines provided by the business. Any damage resulting from failure to comply with these guidelines is entirely at the consumer’s own expense and risk.
5. With regard to electrical appliances in particular, damage resulting from improper connection, incorrect voltage, overloading, improper maintenance, or use contrary to the instructions is not covered by the business’s liability.
6. The merchant is not liable for damages resulting from incorrect or incomplete information provided by the consumer, including incorrect address or order details.
7. To the extent that the business owner’s liability cannot be excluded by law, it is in any case limited to the minimum extent permitted by law.
8. The provisions of this article do not affect statutory liability under mandatory law, including product liability.
Article 18 – Force Majeure
1. The business is not required to fulfill any obligation toward the consumer if it is prevented from doing so due to force majeure.
2. Force majeure refers to any external cause, whether foreseeable or unforeseeable, over which the business owner has no control, but which prevents the business owner from fulfilling their obligations.
3. Force majeure includes, but is not limited to, the following:
- transportation and logistics issues;
- delays or errors on the part of carriers;
- disruptions in (telecommunications or payment) systems;
- disruptions in the supply of electricity or internet;
- government measures or changes in laws and regulations;
- pandemics, epidemics, or other public health risks;
- strikes, staffing issues, or operational disruptions;
- delivery issues or supplier failures;
- extreme weather conditions or natural disasters.
4. In the event of force majeure, the business has the right, at its discretion, to:
- to suspend the performance of the agreement, or
- to terminate the agreement in whole or in part,
without being liable for any form of compensation.
5. If the force majeure situation continues for more than 30 days, the consumer has the right to terminate the agreement without being entitled to compensation.
6. To the extent that the business has already partially fulfilled its obligations under the agreement at the time the force majeure event occurs, the business is entitled to invoice the portion already performed separately, and the consumer is obligated to pay that invoice.
Article 19 – Privacy
1. The business processes the consumer’s personal data in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR).
2. The business owner collects and processes only the personal data necessary for:
- processing and fulfilling orders;
- the delivery of products;
- communication with consumers;
- improving our services and website;
- compliance with legal obligations.
3. The following personal data may be processed:
- name and address information;
- email address;
- phone number;
- payment information;
- IP address and browsing behavior (via cookies).
4. The business will process personal data only for the purposes for which it was provided and will not retain it for longer than necessary, unless there is a legal obligation to do so.
5. The business owner will share personal data with third parties only to the extent necessary for the performance of the agreement, such as:
- payment providers;
- delivery services;
- IT and hosting services.
6. The business owner will take appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.
7. The consumer has the right to:
- to access their personal data;
- to have them corrected or removed;
- to object to the processing;
- have their data transferred.
Requests for this can be submitted via: info@mevaglobal.nl
8. The business’s website uses cookies to improve functionality and analyze visitor behavior. For more information, please refer to the cookie policy on the website.
9. For complete information on how personal data is processed, please refer to the privacy statement on the business’s website.
