Terms and conditions
ARTICLE 1 – DEFINITIONS
Under these conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who, not acting in the exercise of a professional or commercial activity, concludes a distance contract with the entrepreneur;
Day: calendar day;
Term Business: a distance contract for a series of products
and/or services whose delivery and/or acceptance obligation extends over a longer period of time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to him or her in a way that allows future consultation and unaltered reproduction of the information stored.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusively uses one or more means of distance communication up to the conclusion of the contract;
Distance communication technology: means by which a contract can be concluded without the consumer and the trader being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Company name: Miccommerce BV
Chamber of Commerce Number: 91934281
Email address: info@omoraluxe.com
Telephone number: +31 6 12409938
Physical address: Herengracht 420, 1017 BZ Amsterdam
Contact us via our contact page
ARTICLE 3 – APPLICABILITY
These General Terms and Conditions apply to every offer of the entrepreneur and to
Every distance contract and every order concluded between an entrepreneur and a 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 reasonable, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in a manner that is readable by the consumer or simply saved on a durable medium. If this is not reasonable, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or are declared void, the Agreement and these General Terms and Conditions shall otherwise remain in force and the provision in question shall be replaced without delay, after mutual consultation, by a provision that is as close as possible to the original.
Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.
ARTICLE 4 – 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 subject to change. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products offered
and/or services. The description is sufficiently detailed to enable a good assessment
Offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or termination of the contract.
Product images are a true representation of the products offered. Entrepreneurs cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special arrangement for postal and courier services when importing. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects VAT (if applicable, together with the customs clearance costs invoiced) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and the steps required for that purpose;
whether the right of withdrawal applies or not;
the method of payment, delivery and execution of the contract;
the period for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the distance communication fee if the costs for the use of the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can check the data he has provided under the contract before the conclusion of the contract and, if he so wishes, restore it;
any language other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader has submitted himself and the manner in which the consumer can consult those codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction. Optional: available sizes, colors, material types.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and compliance with the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can withdraw from the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within the framework of the law, enquire whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant to justify the distance contract. If, as a result of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The trader will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable medium in an accessible manner for the consumer:
- the address of the trader's establishment to which the consumer can address complaints;
- the conditions and manner in which the consumer may exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing customer service;
- the information contained in Article 4 paragraph 3 of these Conditions, unless the
The trader has already made this information available to the consumer before the conclusion of the contract.
- the conditions for termination of the contract if the contract has a term of more than one year or is for an indefinite period.
In the case of a ride, the provision in the previous paragraph applies only to the first delivery.
Each contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and 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 supplied accessories and - as far as reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days after receiving the goods. The consumer must notify this by means of a written communication/email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not declared that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Check out our full range of returns here .
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the products.
If the consumer pays an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of cancellation. The prerequisite for this is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
The entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:
- which were created by the trader according to the consumer's specifications;
- which are clearly of a personal nature;
- which, due to their nature, cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been opened by the consumer.
- for hygiene products whose seal has been opened by the consumer.
An exclusion of the right of withdrawal is only possible for services:
- in relation to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period;
- the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;
- about betting and lotteries.
ARTICLE 9 – THE PRICE
During the period of validity indicated 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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices stated are indicative prices will be explicitly stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
- these arise from legal regulations or provisions; or
- The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
According to Article 5(1) of the VAT Act 1968, the place of delivery is the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects the import VAT or customs clearance costs from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than usual.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not liable for the final suitability of the products for each individual application by the consumer, nor for any instructions on the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have been otherwise handled negligently or do not comply with the instructions of the
entrepreneur and/or on the packaging;
The defect is due in whole or in part to regulations made or to be made by the Government with respect to the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest care when accepting and executing product orders.
The place of delivery is the address that the consumer has communicated to the company.
Taking into account the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 14 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly agreed otherwise.
View our full range of shipping terms here .
ARTICLE 12 – PERMANENT TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
termination
The consumer may conclude a contract of indefinite duration which includes:
- the regular delivery of products (including electricity) or services, can be terminated at any time, subject to the agreed cancellation rules and a notice period of a maximum of one month.
The consumer may terminate a contract concluded for a definite period of time and extending to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of at least a maximum of one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and not be limited to termination at a specific time or within a specific period;
at least in the same way as agreed by him; always terminate with the same notice period that the entrepreneur has agreed for himself. Extension
A contract concluded for a specific period of time and covering the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period of time.
Notwithstanding the previous paragraph, a contract concluded for a definite period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this extended agreement. You can terminate the extension with a notice period of no more than one month.
A contract concluded for a definite period of time and extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a notice period of no more than one month or a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for the initial subscription (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period has expired.
Length of time
If a contract has a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the expiry of the agreed term.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the moment the consumer confirms the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment data transmitted or communicated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur is entitled, subject to statutory restrictions, to charge the reasonable costs communicated to the consumer in advance.
View our full range of payment policies here
ARTICLE 14 – APPEALS PROCEDURE
Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be processed within 14 days of receipt. If a complaint is likely to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a detailed response.
If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not invalidate the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
ARTICLE 15 – DISPUTES
Contracts between the entrepreneur and the consumer to which the general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.