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 – Conformity and Guarantee
• Article 11 – Delivery and Execution
• Article 12 – Duration Transactions: Duration, Termination and Renewal
• Article 13 – Payment
• Article 14 – Complaints Procedure
• Article 15 – Disputes
• Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
• Consumer: the natural person who does not act for purposes relating to his trade, business or profession and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
• Durable data carrier: any tool that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 – Identity of the Entrepreneur

Website: www.mr-ezy.com

Daan’s Investment B.V.
Brantjesstraat 72
1447 PE Purmerend
Phone: 06 55 85 85 70
Email: info@mr-ezy.com

Chamber of Commerce (KvK) Number: 713.53.666
VAT Identification Number: NL 858.68.2497.B02

Article 3 – Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the contract is concluded, indicate where the terms and conditions can be inspected electronically and that they will be sent free of charge upon request.
• If the contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the place where the terms can be accessed electronically will be indicated, and they will be sent electronically or otherwise upon request.
• If specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision most favorable to them in case of conflicting 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 contains a complete and accurate description of the products and/or services offered. Images used by the entrepreneur provide a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains information that makes clear to the consumer what rights and obligations are associated with accepting the offer, particularly concerning:
   • the price including taxes;
   • any delivery costs;
   • the manner in which the contract will be concluded and what actions are required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and execution of the contract;
   • the deadline for accepting the offer or the period during which the entrepreneur guarantees the price;
   • the cost of distance communication if calculated on a basis other than the standard rate;
   • whether the contract will be archived and how the consumer may access it;
   • the way in which the consumer may verify and correct information provided for the contract;
   • any other languages in which the contract may be concluded;
   • the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult them electronically;
   • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The Agreement

1. The contract is concluded at the moment the consumer accepts the offer and fulfills the associated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure electronic data transfer and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may—within legal boundaries—obtain information regarding the consumer’s ability to meet payment obligations, as well as all facts relevant for responsible contract formation. If the entrepreneur has valid grounds not to enter into the contract, he may refuse an order or application or impose special conditions on execution.
5. The entrepreneur shall provide the following information to the consumer in writing or in a manner that allows storage on a durable data carrier:
   1. the address of the entrepreneur’s business location where the consumer can file complaints;
   2. the conditions under which the right of withdrawal may be exercised, or a clear statement if withdrawal is excluded;
   3. information on guarantees and existing post-purchase service;
   4. the information included in Article 4(3), unless already provided before contract execution;
   5. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

The right of withdrawal does not apply to B2B.
For the delivery of products to consumers (B2C)
For product deliveries:

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons for 14 days. After this dissolution, the customer has an additional 14 days to return the product. The cooling-off period begins the day after receipt of the product by the consumer or a representative designated by the consumer.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If exercising the right of withdrawal, the consumer shall return the product with all accessories and—if reasonably possible—in original condition and packaging, following the clear instructions provided by the entrepreneur.

For the delivery of services:

1. When services are delivered, the consumer may dissolve the agreement within at least 14 days from the day of conclusion, without stating reasons.
2. To exercise the right of withdrawal, the consumer must follow the clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.
3. Cancellations for B2B customers are only permitted after consultation with the entrepreneur, must be made in writing within 24 hours, and all reasonably incurred costs will be charged. Non-standard or specially ordered materials cannot be returned or canceled and must be purchased.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, the maximum cost of return shipment will be borne by the consumer. If delivered by a special courier (not DHL, DPD, or PostNL), return costs vary and may be requested from customer service.
2. If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 working days after the return or withdrawal. Gift-wrapping costs remain the responsibility of the consumer.
3. If the product does not meet return conditions, the costs to resend the product back to the consumer will be charged.
   • Letterbox package Netherlands – €3.95
   • Standard parcel Netherlands – €7.95 (smaller than 100×50×50 cm)
   • Large parcel Netherlands – €14.50 (larger than 100×50×50 cm)
   • Parcel EU country – €10.95
   • Special courier parcels due to size/weight – from €50.00
4. The consumer has 14 days to respond after notification that a return package has been rejected. If no response is received, the package will be destroyed.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the right of withdrawal insofar as provided in paragraphs 2 and 3. This exclusion is valid only if clearly stated in the offer or timely before contract conclusion.
2. Exclusion is only possible for products:
   • produced according to consumer specifications;
   • clearly personal in nature;
   • which by their nature cannot be returned (e.g., CBD, oils, hygiene items, vibrators, licenses, courses, etc.);
   • that may perish or age rapidly;
   • subject to fluctuations in financial markets beyond the entrepreneur’s control;
   • newspapers and magazines;
   • audio/video recordings and software where the seal has been broken or the license key has been provided.
3. Exclusion is only possible for services:
   • related to accommodation, transport, restaurants, or leisure activities performed on a specific date or period;
   • where performance has begun with consumer consent before the cooling-off period ends;
   • related to betting and lotteries.
4. Business customers (B2B) have no right of return, neither for standard nor specially ordered materials.

Article 9 – The Price

1. During the period mentioned in the offer, the prices of offered products or services will not be increased, except for VAT changes.
2. Contrary to the previous paragraph, the entrepreneur may offer products subject to financial market fluctuations at variable prices. These fluctuations and the mention of indicative prices will be stated in the offer.
3. Price increases within three months after contract conclusion are only allowed if due to legal regulations or provisions.
4. Price increases from three months after contract conclusion are only allowed if agreed upon and:
   • they result from legal regulations or provisions; or
   • the consumer has the right to terminate the contract from the day the increase takes effect.
5. Prices of products or services include VAT.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the contract, specifications stated in the offer, reasonable expectations of reliability and/or usability, and legal requirements existing at the time of contract conclusion. If agreed, the entrepreneur also guarantees suitability for non-standard use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights against the entrepreneur.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing product orders and assessing service requests.
2. Incorrect address information: The delivery address is the one provided by the consumer. The consumer is responsible for providing a correct address. The entrepreneur is not liable for errors caused by incorrect address information.
3. Reshipment after return receiptIf a product is returned to the entrepreneur, reshipment costs will be charged to the consumer.
   • Letterbox package Netherlands – €3.50
   • Standard parcel Netherlands – €6.95
   • Large parcel Netherlands – €9.95
   • Parcel EU country – €8.50
4. Reshipment after late returnIf a return is received after the allowed return period, the shipment will be refused. Reshipment costs to the consumer will be charged.
   • Letterbox package Netherlands – €3.95
   • Parcel Netherlands – €7.95
   • Large parcel Netherlands – €13.00
   • Parcel EU country – €10.95
5. Cancellation after return receiptIf the consumer cancels after returning the product, shipping costs will be deducted.
   • Letterbox package Netherlands – €3.95
   • Parcel Netherlands – €7.95
   • Large parcel Netherlands – €13.00
   • Parcel EU country – €9.95
6. Refusal of package at the doorIf the consumer refuses a package, shipping costs will be charged to the consumer.
   • Letterbox package Netherlands – €6.95
   • Parcel Netherlands – €9.95
   • Large parcel Netherlands – €16.95
   • Parcel EU country – €12.95
   • Courier service package (non-standard courier) – €50.00
7. Package not collected from pickup pointIf a consumer fails to collect a package on time from a pickup point, shipping costs will be charged.
   • Letterbox package Netherlands – €6.95
   • Parcel Netherlands – €9.95
   • Large parcel Netherlands – €16.95
   • Parcel EU country – €12.95
8. Return by courier serviceIf a courier cannot deliver the product and returns it, the consumer will be charged €50.00 per product.
   Examples:
   – Product does not fit through stairs
   – Product does not fit through doorway
   – Product cannot be delivered inside requested room
9. Order cancellationIf an order is cancelled after being processed, an administrative fee of 5% of the purchase amount will be charged.
10. With due observance of Article 4, the entrepreneur will execute accepted orders as soon as possible but no later than 30 days, unless otherwise agreed. If delivery is delayed, or if a product is unavailable, the consumer will be notified within 30 days. The consumer then has the right to dissolve the contract free of charge.
11. In case of dissolution, the entrepreneur will refund the consumer within 30 days.
12. If a package is marked as delivered by the carrier (via track & trace) but not received, the consumer must notify the entrepreneur within 7 days (5 working days).
13. If delivery of a product proves impossible, the entrepreneur will make reasonable efforts to offer a replacement item. The consumer will be clearly informed. The right of withdrawal cannot be excluded for replacement products. Return costs are borne by the entrepreneur.
14. The risk of damage or loss of products remains with the entrepreneur until delivery to the consumer or a designated representative.
15. When paying via Riverty, the delivery address cannot be changed, nor can the parcel be sent to another address.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

1. The consumer may terminate an indefinite agreement for regular delivery of products or services at any time, respecting a notice period of no more than one month.
2. The consumer may terminate a fixed-term agreement for regular delivery at the end of the agreed duration, respecting a notice period of no more than one month.
3. The consumer may:
   • terminate agreements at any time, not restricted to a specific date or period;
   • terminate using the same method used to enter into the agreement;
   • terminate with the same notice period required of the entrepreneur.

Renewal

A fixed-term agreement for regular delivery of products or services may not be tacitly renewed.

Exception: subscriptions to newspapers, magazines, or periodicals may be extended once for a maximum of three months, with a one-month notice period.

A fixed-term agreement may be tacitly renewed for an indefinite period only if the consumer can terminate at any time with a one-month notice (three months for less-than-monthly deliveries).

Trial or introductory subscriptions end automatically and are not renewed.

Duration
If an agreement exceeds one year, the consumer may terminate after one year with a notice period of one month, unless early termination is unreasonable due to the nature of the contract.

Article 13 – Payment

1. Unless otherwise agreed, payments must be made within 14 days from the start of the cooling-off period for products. For services, the period begins after confirmation of the agreement.
2. For B2C product sales, advance payments may not exceed 50%. Execution cannot occur until prepayment is received.
3. The consumer must promptly report incorrect payment information.
4. In case of non-payment, reasonable costs previously disclosed to the consumer may be charged.

Article 14 – Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly.
2. Complaints about package delivery must be submitted within 7 days after the carrier marks the package as delivered.
3. Complaints regarding execution of the agreement must be submitted within 7 days after the consumer discovers defects.
4. Complaints will be answered within 14 days. If more time is required, acknowledgment and an expected reply date will be provided.
5. If a product is replaced and a return label is provided, the defective product must be handed in within 7 days. Failure to do so will result in charges for the replacement.
6. If no resolution is reached, a dispute arises subject to the disputes procedure.
7. The consumer must first contact the entrepreneur. If unresolved, the consumer may contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). If still unresolved, the independent disputes committee will issue a binding decision. Costs are borne by the consumer. Complaints may also be submitted via the European ODR platform (http://ec.europa.eu/odr).
8. A complaint does not suspend obligations unless confirmed in writing by the entrepreneur.
9. If a complaint is justified, the entrepreneur will replace or repair the product free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and consumer to which these terms apply are governed exclusively by Dutch law.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not disadvantage the consumer and must be established in writing or in a manner allowing storage on a durable data carrier.