General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
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;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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 to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them 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 upon request, electronically or otherwise.
If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always invoke the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that most closely approximates the intent of the original provision.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms shall be interpreted “in the spirit” of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. 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 products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal or courier service will use the special arrangement for postal and courier services for importation. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects VAT (possibly together with customs clearance costs) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;

  • whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;

  • the way in which the consumer can check and, if desired, correct the data provided in the context of the contract before concluding it;

  • any other languages in which, in addition to Dutch, the contract may be concluded;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically; and

  • the minimum duration of the distance contract in the case of an ongoing transaction.
    Optional: available sizes, colors, types of materials.

Article 4 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
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 observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the contract based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable data carrier, at the latest upon delivery of the product or service:

  • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

  • information on guarantees and existing after-sales service;

  • the data referred to in Article 4 paragraph 3 of these terms, unless already provided prior to execution of the contract;

  • the requirements for termination of the contract if it has a duration of more than one year or is for an indefinite period.
    In the case of an ongoing transaction, the previous paragraph applies only to the first delivery.
    Every contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance and known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. Notification must be made in writing or by email. After notification, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example by means of a proof of shipment.
If the consumer has not notified the entrepreneur or returned the product within the periods specified above, the purchase is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has been received by the web shop or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion applies only if this has been clearly stated in the offer or in good time before concluding the contract.
Exclusion is only possible for products:

  • manufactured according to the consumer’s specifications;

  • clearly of a personal nature;

  • which by their nature cannot be returned;

  • which spoil or age quickly;

  • whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;

  • individual newspapers and magazines;

  • audio and video recordings and computer software where the seal has been broken;

  • hygienic products where the seal has been broken.

Exclusion is only possible for services:

  • relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;

  • relating to betting and lotteries.

Article 8 – The Price

During the period of validity stated in the offer, prices will not be increased, except for changes due to VAT rate adjustments.
Contrary to the previous paragraph, products or services whose prices are linked to fluctuations in the financial market beyond the entrepreneur’s control may be offered at variable prices. This linkage and the fact that quoted prices are indicative will be stated in the offer.
Price increases within three months after conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases after three months are only permitted if agreed and:

  • they result from statutory regulations or provisions; or

  • the consumer has the right to terminate the contract as of the date the increase takes effect.
    The place of supply pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968 is the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the customer by the postal or courier service, and the entrepreneur will not charge VAT.
    All prices are subject to printing and typographical errors. No liability is accepted for such errors. In the event of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: Movingcold
Company address: Menno ter braakstraat 4
Email: Business@movingcold.com
Chamber of Commerce number: 91629772
VAT identification number: NL004904708B73

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the statutory provisions and/or government regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding use or application.
The warranty does not apply if:

  • the consumer has repaired or modified the products themselves or had them repaired or modified by third parties;

  • the products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions of the entrepreneur or packaging;

  • the defect is wholly or partly due to regulations imposed or to be imposed by the government regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.
Delivery will take place at the address provided by the consumer.
Subject to Article 4, accepted orders will be executed promptly and no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be fulfilled or only partially fulfilled, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and is entitled to compensation if applicable.
Upon dissolution, the entrepreneur will refund the amount paid as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. This will be clearly communicated at delivery. The right of withdrawal cannot be excluded for replacement items. Return shipping costs are borne by the entrepreneur.
The risk of damage and/or loss rests with the entrepreneur until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an indefinite contract for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
A fixed-term contract for regular delivery may be terminated at the end of the fixed term with a notice period of no more than one month.
The consumer may terminate such contracts at any time, in the same manner as they were concluded, and with the same notice period as the entrepreneur applies to themselves.

Renewal
Fixed-term contracts for regular delivery may not be tacitly renewed for a fixed term, except for daily, news, and weekly newspapers and magazines, which may be renewed for up to three months if cancellable with one month’s notice.
Fixed-term contracts may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month (or three months for less-than-monthly newspaper delivery).
Trial subscriptions end automatically and are not tacitly renewed.

Duration
If a contract has a duration of more than one year, the consumer may terminate it after one year with a notice period of no more than one month, unless fairness and reasonableness prevent early termination.

Article 13 – Payment

Unless otherwise agreed, amounts owed must be paid within 7 working days after the start of the cooling-off period. For service contracts, this period starts after confirmation of the contract.
The consumer must promptly report any inaccuracies in payment details.
In the event of non-payment, the entrepreneur may charge reasonable costs previously disclosed, subject to statutory limitations.

Article 14 – Complaints Procedure

Complaints must be submitted fully and clearly within 7 days after defects are discovered.
Complaints are answered within 30 days of receipt. If more time is needed, an acknowledgment and estimated response time will be provided.
If a complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
If a complaint is found to be valid, the entrepreneur will, at their discretion, replace or repair the products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 under the “Act amending the Turnover Tax Act 1968 (implementation of the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.