Description of company structure
Goods offered on www.mooxistore.com are explicitly not sold by Decide Commit Succeed BV. The goods offered are sold by the Seller (Yantai Yirun Electronic Commerce Co., Ltd). This means that the contract of sale is established between the Buyer and Seller. Decide Commit Succeed BV does not become a party to these agreements in any way.
Decide Commit Succeed only offers a mediation platform.
The general terms and conditions applicable between Seller and Buyer are included at the end of this document. Note: These terms and conditions apply between Buyer and Seller and therefore are not enforceable against Website Holder.
If the Seller is located in a country within the EU either Norway, Liechtenstein or Iceland, the European "Distance Selling Directive" applies to the concluded agreements. All rights and guarantees mentioned in this directive shall therefore apply.
Article 1 - definitions
In these mediation conditions the following definitions apply:
Website: www.mooxistore.com. This refers to the platform made available. This also includes all subdomains.
Website Holder: the company Decide Commit Succeed, located at Kraijenhoffstraat 137A in Amsterdam, and registered with the Chamber of Commerce under number 69624747.
Buyer: the person who makes a purchase from the Seller via the above website.
Seller: the foreign company which, either as manufacturer or supplier, sells goods to Buyer.
Article 2 - Buyer's rights.
If the Seller is established in a country within the EU either Norway, Liechtenstein or Iceland, the European "Distance Selling Directive" applies to the concluded contracts. All rights and guarantees mentioned in this directive therefore apply, among others:
Seller shall provide Buyer with information on tax, payments, deliveries and performance of the contract clearly and in writing within a reasonable time.
Buyer shall receive order within 30 days, unless another period is agreed upon. In the event that a product is not or no longer available Seller must inform Buyer. Any (advance) payments must be refunded to the Buyer's account within the thirty-day period, unless the Seller supplies a comparable product.
The Buyer has at least fourteen days' right of withdrawal, which means that the Buyer can return the purchase without giving reasons. Any shipping costs incurred in this situation will be borne by the Buyer. Any (advance) payments must be refunded within thirty days to a bank account designated by Buyer.
Article 3 - The mediation service
The offer of goods on Website is not sold by Website Holder. These goods are sold by Seller. Upon purchase of the goods, a purchase agreement is therefore concluded between Buyer and Seller.
The goods are sold through Website by Seller.
Website Holder provides an intermediary service to Seller. When ordering the goods through the Website, Website Holder is authorized as intermediary, in the name of Buyer and on behalf of Buyer. Website Holder is therefore authorized to order from Seller under Seller's name.
Seller is located outside the Netherlands, therefore the goods in question are imported, this is always done in the name of Buyer. Additional costs, such as import VAT and (customs) clearance costs are also borne by Buyer.
Payments to Website Holder are made solely on the basis of the provision and maintenance of the mediation platform.
Article 4 - Financial settlement
Payment for the purchased product is made via the Website Holder, the sales price is transferred to the Seller after deduction of the pre-determined mediation fee.
Seller determines the prices used on the Website.
Seller pays a fixed amount to Website holder per product sold. This amount will be determined in another agreement and only concerns the provision and maintenance of the mediation platform.
Article 5 - Complaints
Buyer may communicate any complaints regarding the execution of the agreement to Seller.
Any complaint received by Seller will be replied to by Seller within fourteen days.
If Buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, Buyer can turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions.
Article 2 - Identity of the entrepreneur
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 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: every (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be filled in by the consumer when he wants to exercise his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;
Technology for distance communication: means that can be used for the conclusion of a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur (statutory name, possibly supplemented with trade name); Decide Commit Succeed BV
Business address; Kraijenhoffstraat 137A, 1018RG Amsterdam, the Netherlands
E-mail address; email@example.com
Chamber of Commerce number; 69624747
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises, in what way they can be inspected, and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
In the event that one or more provisions of these general terms and conditions are at any time declared wholly or partially null and void or annulled, then these general terms and conditions shall for the rest remain in force and the relevant nullified or void provision shall be replaced forthwith in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions must be judged in accordance with these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted according to these general conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made under conditions with suspensive or dissolving effect, or any other condition, this will be explicitly stated in the offer.
The entrepreneur's offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The entrepreneur's offer contains a description of the products and/or services offered, which is at all times complete and accurate. The offer includes a sufficiently detailed description to enable a proper assessment of the offer by the consumer. Should the entrepreneur use any images that imply that these images show the offered product, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
Images of products are a true representation of the products offered. However, Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
The minimum duration of the distance contract in the case of an extended transaction.
application of the right of withdrawal;
the method of payment, delivery and performance of the agreement;
ARTICLE 5 - THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
In the event that the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur will send to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier, at the latest upon delivery of the product or service or digital content:
the visiting address of the branch of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the price, including taxes, of the product, service or digital content;
the cost of delivery, to the extent applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
in case the consumer has a right of withdrawal, the model withdrawal form.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of products:
When purchasing products, the consumer has the opportunity to dissolve the contract for 14 days without giving reasons.
This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
the delivery of a product consists of different shipments or parts, the cooling-off period begins on the day on which the consumer, or a third party designated by him, has received the last shipment or part;
the agreement extends to the regular delivery of products during a fixed period, the cooling-off period begins on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the contract for fourteen days without giving reasons. These fourteen days start from the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied 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 use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
ARTICLE 7 - COSTS FOR EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal by the consumer, at most the cost of return shipment will be for his account.
The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after revocation, in the same way that was used by the consumer. This requires return receipt by the merchant or conclusive evidence of complete return.
Any decrease in value of the product caused by careless handling is the responsibility of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This should be done before the conclusion of the purchase agreement.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the trader clearly stated this in the offer, at least in good time before concluding the contract, and if it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
that have been created by the entrepreneur to the agreement specifications of the consumer;
that are clearly personal in nature;
Which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
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.
Exclusion is only possible for the following services:
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
Concerning betting and lotteries
ARTICLE 9 - PRICE
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of legal regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 - GUARANTEE AND CONFORMITY
The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert. This includes any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.