terms and conditions

article 1 - definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract concerning a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time;
  5. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
  7. Model withdrawal form: the model withdrawal form provided by the entrepreneur, which the consumer can fill out when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract concluded within the framework of an organized system for the distance selling of products and/or services by the entrepreneur, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract;
  10. Means of distance communication: any means that can be used to conclude a contract, without the consumer and entrepreneur being physically present in the same location.
  11. General terms and conditions: these present General Terms and Conditions of the entrepreneur.

article 2 - indentity of the entrepreneur

Milatonie B.V.;
De Markt 9, 6041 EL Roermond, Netherlands;
Email address: info@milatonie.com
Chamber of Commerce number: 69707510
VAT identification number: NL857976898B01

article 3 - applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur 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 indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 to the consumer free of charge electronically or in another manner upon request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced by a provision that approximates the intent of the original provision as closely as possible through mutual consultation and without delay.
  6. Matters not regulated in these general terms and conditions should be assessed in the "spirit" of these general 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 entrepreneur is entitled to change and modify the offer.
  3. The offer includes 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 entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or termination of the agreement.
  5. Images accompanying the products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer. This includes in particular:
    • The price including taxes;
    • Any shipping costs, if applicable;
    • The method by which the agreement will be concluded and the necessary actions for that purpose;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
    • The amount of the fee for remote communication if the costs of using remote communication technology are calculated on a basis other than the regular base rate for the communication method used;
    • Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
    • The manner in which the consumer can verify and, if desired, correct the data provided by them in the context of the agreement, prior to its conclusion;
    • Any other languages in which, in addition to Dutch, the agreement can be concluded;
    • The codes of conduct to which the entrepreneur is subject and how the consumer can access these codes of conduct electronically; and
    • The minimum duration of the distance agreement in the case of a continuing transaction.

article 5 - the agreement

  1. The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the specified conditions.
  2. If the consumer accepts the offer electronically, the entrepreneur promptly confirms the 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 agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take suitable security measures for that purpose.
  4. Within the legal framework, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid grounds for not entering into the agreement, they are entitled to refuse an order or request with reasons or to attach specific conditions to the execution.
  5. The entrepreneur shall provide the following information to the consumer, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, together with the product or service:
    1. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
    2. The conditions and method for the consumer to exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. Information about warranties and existing after-sales services;
    4. The data mentioned in Article 4, clause 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  6. In the case of a continuing transaction, the provision in the previous clause only applies to the first delivery.
  7. Each agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

article 6 - right of withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating any reasons within 14 days. This withdrawal period starts on the day after the consumer or a previously designated representative, known to the entrepreneur, has received the product.
  2. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they decide to exercise their right of withdrawal, they shall return the product, including all accessories delivered with it, and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification using the model withdrawal form. After notifying the entrepreneur of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof of having returned the goods in a timely manner, for example, by means of a proof of shipment.
  4. If, after the expiry of the periods mentioned in clauses 2 and 3, the customer has not notified the entrepreneur of their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.

article 7 - costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
  2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional upon the product being received back by the online retailer or upon the consumer providing conclusive evidence of having returned the goods in their entirety.
  3. If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any resulting depreciation in value of the product.
  4. The consumer shall not be liable for any depreciation in value of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal prior to concluding the purchase agreement. This information must be provided prior to the conclusion of the purchase agreement.

article 8 - exclusion of the right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been customized according to the consumer's specifications by the entrepreneur,
    2. that are clearly personal in nature,
    3. that cannot be returned due to their nature,
    4. that can spoil or age quickly,
    5. whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control,
    6. for loose newspapers and magazines,
    7. for audio and video recordings and computer software if the consumer has broken the seal,
    8. for hygiene products if the consumer has broken the seal.

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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they result from legal regulations or provisions; or
    2. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

article 10 - conformity and warranty

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never 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.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
    • The delivered products have been exposed to abnormal conditions or have been handled improperly or contrary to the instructions of the entrepreneur and/or the packaging instructions.
    • The defect is wholly or partially the result of regulations prescribed or to be prescribed by the government regarding the nature or quality of the materials used.

article 11 - delivery and performance

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and assessing requests for the provision of services.
  2. The address provided by the consumer to the company shall be deemed the place of delivery.
  3. Subject to the provisions of clause 4 of this article, the company shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or only partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge. The consumer shall not be entitled to any damages.
  4. All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to any damages.
  5. In the event of dissolution in accordance with clause 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. It will be clearly and comprehensibly stated at the time of delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

article 12 - payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
  2. The consumer has an obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
  3. In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

article 13 - complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution.
  5. In the case of complaints, the consumer should first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Verify whether this web store has an active membership at https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which the consumer must pay to the respective committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

article 14 - disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

article 15 - 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 the consumer can store them in an accessible manner on a durable medium.

article 16 - cancellation policy

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 the consumer can store them in an accessible manner on a durable medium.