Terms and Conditions
Terms and Conditions – Mo-ments for you
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Applicability
Article 4 – The Offer and Agreements
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 – Prices
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Article 15 – Liability (Natural Product and Effects)
Article 16 – Personal Data
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their 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 agreement with the trader.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Day: calendar day (not working day).
Duration transaction: a distance agreement relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable medium: any instrument which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period.
Model form: the model withdrawal form made available by the trader that a consumer can complete if they wish to exercise their right of withdrawal.
Distance agreement: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Technique for distance communication: means which can be used for concluding an agreement without the consumer and trader being together in the same place at the same time (such as, but not limited to, the webshop).
Article 2 – Identity of the Trader
Mo-ments for you
Oude Vismarkt 44
8011 TB Zwolle
Netherlands
Tel: 038-7855469
Chamber of Commerce (KvK): 87779722
VAT Number: NL004476503B11
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every agreement, purchase, offer, service, and order concluded between the trader and the consumer.
By accepting an offer, making a purchase or order, undergoing a treatment, or entering into any other form of agreement, you automatically agree to the terms and conditions of Mo-ments for you.
Deviations from these terms and conditions are only valid if approved in writing by the owner or an official representative of Mo-ments for you.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms and conditions will remain in full force. The provision in question will be replaced immediately by mutual agreement with a provision that approaches the scope and intent of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Article 4 – The Offer and Agreements
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 subject to change and non-binding. The trader is entitled to change and adjust the offer and prices, particularly when required by (statutory) regulations.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. If the consumer is in doubt or does not understand something, they must inform the trader and ask for clarification prior to making the purchase or entering into the agreement. Once the purchase has been made or the agreement concluded, the consumer cannot hold the trader responsible.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the real colours of the products.
An agreement is only concluded after acceptance of your order by Mo-ments for you. Mo-ments for you is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, the trader will inform the consumer as soon as possible.
Information, images, verbal statements, specifications, and the like regarding all offers and the main characteristics of the products provided by telephone, digitally, or via email are given as accurately as possible. However, the trader does not guarantee that all offers and products completely correspond with the information provided. Deviations cannot give rise to compensation and/or dissolution. Goods may differ from photos in size, finish, and/or colour. Gemstones and minerals are natural products; each item is unique.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
the shipping costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular baseline rate for the communication tool used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them under the agreement; and
the minimum duration of the distance agreement in the case of a duration transaction.
Article 5 – De Overeenkomst (The Agreement)
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement. If the consumer has not received a confirmation 24 hours after the order/agreement, they may contact the trader to check if a technical error has occurred.
The trader may – within statutory frameworks – investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the trader has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution, stating reasons.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
The trader is authorised to engage third parties for the execution of your order(s).
Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receiving the product. The consumer must do this by means of the model form or through another communication method, such as email. After making it known that they wish to use their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not stated their desire to use the right of withdrawal or has not returned the product to the trader, the purchase is final and cannot be reversed.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, all shipping costs (both for the initial delivery and for the return shipment) will be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount (excluding shipping costs) as soon as possible, but no later than 14 days after receiving the returned products. This is subject to the condition that the product has already been received back by the trader or conclusive proof of complete return shipment can be provided. Refunds will be processed using the same payment method used by the consumer unless the consumer explicitly consents to another method.
In the event of damage to the product caused by careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
Article 8 – Exclusion of the Right of Withdrawal
The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the trader in accordance with the consumer's specifications;
which are clearly personal in nature, such as (but not limited to) Reiki treatments;
which by their nature cannot be returned;
which are liable to deteriorate or expire rapidly;
the price of which is dependent on fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
for products that cannot be resold after opening, such as (including but not limited to) fragrance oils, incense, yoga mats and cushions, socks, and similar products.
Article 9 – Prices
The prices stated for the products and services offered are in euros, inclusive of VAT, any taxes, and/or other levies, unless stated or agreed otherwise. Special offers are only valid within the stated period and while stocks last.
The trader may offer products or services with variable prices if those prices are subject to fluctuations over which the trader has no influence. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
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 trader is not obliged to deliver the product at the incorrect price.
If prices for the offered products increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within seven days of being notified of the price increase by the trader.
Standard rates apply for shipping costs within the Netherlands. Prices for pallet shipments and other non-standard shipping due to large and heavy products, such as (but not limited to) statues or furniture, are available upon request and will be communicated prior to shipment.
Different shipping costs apply to orders with a delivery address outside the Netherlands. These can be requested from us and will also be made known when you place your order.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and reasonable requirements of soundness and/or usability.
Any defects or incorrectly delivered products must be reported to the trader in writing (via email) within 2 days of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader 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.
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, handled carelessly, or treated contrary to the instructions of the trader and/or the packaging;
the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The trader will take the greatest possible care when receiving and executing orders of products, shipping products, and assessing applications for the provision of services.
Shipment of ordered goods almost always takes place within 1-3 working days after receipt of the order (excluding periods of holidays / purchasing trips / illness / force majeure, during which this period may be longer).
The delivery time stated by the trader is indicative only. Exceeding the delivery period due to unforeseen circumstances does not entitle the consumer to compensation under any circumstances.
If ordered goods unexpectedly turn out to be out of stock, the delivery time may vary; this will be reported to the consumer. If the consumer does not wish to wait, they may cancel the order, and the paid amount will be refunded as soon as possible, but in any case within 14 days.
The place of delivery is the address that the consumer has made known to the company.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise. In the event of a return shipment, the responsibility lies with the consumer until the trader has received the shipment.
Article 12 – Payment
Unless agreed otherwise, payment must be made in advance, either in the shop or on the website via iDeal or one of the other offered payment options. Goods will be dispatched after receipt of payment.
The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 – Complaints Procedure
Complaints about the performance of the agreement must be submitted fully and clearly described to the trader within 2 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint is found to be justified by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.
Article 14 – Disputes
Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 15 – Liability (Natural Product and Effects)
The consumer is aware that goods may differ from photos in size, finish, and/or colour. Gemstones and minerals are natural products; therefore, each piece is unique. The trader is in no way liable for damage resulting from the use of a sold product unless there is demonstrable gross negligence on the part of the trader. The buyer is aware that the majority of the assortment consists of natural products which can be (easily) damaged, that these products may damage other materials, or that products may be harmful to health (human and/or animal).
Please pay extra attention when children are around small or damaged products. With flammable products, ensure that you use the product safely, out of reach of children, pets, and other materials. The descriptions of the so-called 'workings' or healing properties of the products in the Mo-ments for you range are purely informative and are in no way scientifically substantiated or proven. These informative texts do not constitute medicines or medical advice and do not replace medical treatment in any way. In case of complaints, always consult a GP or medical specialist.
Article 16 – Personal Data
The trader complies with relevant data protection legislation. The information provided will be included in a database. The trader respects the privacy of all users of its site and ensures that personal information is always treated confidentially. This data will be used to process orders as quickly and smoothly as possible. Personal data will never be made available to third parties who are not affiliated with the trader.