These are our General Terms and Conditions.These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer.Please read them carefully.We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
- Email Communications: based in Orthen and registered with the Chamber of Commerce under file number 30162168, trading as Email Communications.
- Website: the Website of MenstrualCups.eu, to be found on http://menstrualcups.eu/ and all of its subdomains.
- Client:the natural person not acting in the performance of a profession or business who enters into an agreement with Email Communications and/or is registered on the Website.
- Agreement:any arrangement or agreement between Email Communications and the Client of which the General Terms and Conditions are an integral part.
- General Terms and Conditions:these General Terms and Conditions.
Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all offers, agreements and deliveries of Email Communications, unless explicitly agreed otherwise in writing.
- If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Email Communications if and in so far as Email Communications has accepted them in writing.
Prices and information
- All prices posted on the Website and in other materials originating from Email Communications taxes and other levies imposed by the government.
- If shipping costs are charged, these will be clearly stated in good time before the contract is concluded.These costs will also be displayed separately in the ordering process.
- The content of the Website is composed with the greatest care.Email Communications cannot, however, guarantee that all information on the Website is correct and complete at all times.All prices and other information posted on the Website and in other materials originating from Email Communications are subject to obvious programming and typing errors.
- Email Communications cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Conclusion of the Agreement
- The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Email Communications subject to the conditions laid down by Email Communications.
- If the Client has accepted the offer by electronic means, Email Communications will confirm receipt of acceptance of the offer by electronic means without delay.Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
- If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Email Communications will have the right demand fulfilment of the Client’s obligations until the correct data is received.
- Email Communications has the right to refuse orders from clients that act in the exercise of their profession or business.
- To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
- During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website.The Client alone is responsible for choosing a sufficiently reliable password.
- The Client must keep its login credentials, user name and password strictly confidential.Email Communications cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be.The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Email Communications accordingly so as to allow Email Communications to take appropriate measures.
Execution of the Agreement
As soon as Email Communications has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
Email Communications is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
If Email Communications is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
Email Communications advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
If the ordered product can no longer be supplied, Email Communications is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
Right of withdrawal
The Client will have the right to dissolve the distance Agreement with Email Communications within 7 working days after receiving the product, free of charge and without stating reasons.
Only the direct costs incurred for the return shipment are for the Client’s account. This means that the Client will have to pay the costs of returning the product. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
The Client can dissolve the Agreement in accordance with paragraph 1 of this article by returning the product to Email Communications within the term stated in paragraph 1, or by informing Email Communications within this same term about the fact that it has decided not to purchase the product and returning the product as soon as possible.
Products can be returned to the following address:
Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 30 days after dissolution of the Agreement.
Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
The right of withdrawal does not apply to:
-Products whose nature makes it impossible for them to be returned;
The Client shall pay the amounts due to Email Communications in accordance with the ordering procedure and any payment methods indicated on the Website. Email Communications is free to offer any payment method of its choice and may change these methods at any time.
The Client receive a confirmation and invoice per e-mail from Email Communications after a successful order and payment.
Warranties and conformity
Email Communications warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, Email Communications will also warrant that the product is suitable for purposes other than its normal use.
Any warranties offered by Email Communications, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.
If the delivered product fails to satisfy the Agreement, the Client can notify Email Communications accordingly within a reasonable period of time after discovering the defect.
If Email Communications deems the complaint to be well-founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. The refund cannot exceed the price paid for the product by the Client. This article will not preclude the Client’s right to claim damages, if applicable.
Complaints handling procedure
If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Email Communications’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
Email Communications will respond to the complaint as soon as possible, and in any case within 5 days after having received it. If it is not yet possible for Email Communications to formulate a substantive reaction to the complaint by that time, Email Communications will confirm receipt of the complaint within 5 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
Email Communications will process the Client’s personal details in accordance with the privacy statement published on the Website.
This agreement is governed by the laws of the country of establisment of the webshop.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Email Communications has its registered office.
If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Email Communications (MenstrualCups.eu)
Chamber of Commerce 30162168