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Terms & Conditions

Consumer Terms & Conditions (Online Purchases)

N.S. Menko Holding B.V.

(19 December 2019)

 

1. Purview

All contractual agreements entered into by N.S. Menko Holding B.V. (herein after referred to as “MMOBIEL”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.

2. Contracting Parties

Placing orders via conrad.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the restrictions list.

All contractual agreements entered into will be between MMOBIEL and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If MMOBIEL should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.

3. Contract

By submitting an order online (i.e. after selecting the product(s), completing the MMOBIEL online order and confirming the order by clicking the submit button), Consumers issue a legally binding purchase offer which will need to be accepted by MMOBIEL.

MMOBIEL reserves the right to refuse orders. If MMOBIEL should reject an order, the Consumer will be notified immediately.

A legally binding contract will be formed between MMOBIEL and the Consumer at the time of MMOBIEL formally confirming the order, or at the time the Consumer has received the goods. N.B. Any automated messages sent by MMOBIEL to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.

4. Right to Cancel and Return Policy

4.1 Right to Cancel

The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by notifying MMOBIEL in writing, sending a letter or email to

N.S. Menko Holding B.V.
Customer Service
Hinmanweg 9W
7575BE Oldenzaal
The Netherlands
Tel. 0049 1805 125 155
Email: info@mmobiel.com

Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the shipment that completes the delivery.

4.2 Cancellation & Refunds

MMOBIEL shall refund all payments received from the Consumer within a time period of fourteen (14) days after the Consumer has cancelled an order. However, MMOBIEL will not refund any delivery costs incurred by the Consumer opting for delivery methods other than those offered by MMOBIEL at the time the order was placed. Unless otherwise agreed, MMOBIEL will issue refunds by using the same payment method the Consumer has chosen when paying for the order. If the original payment method is not an available option (e.g. if the order was paid for using CoD), Conrad shall refund the Consumer by either arranging for a bank transfer (BACS), or by issuing a crossed cheque. Furthermore, refunding the Consumer shall not incur any charges.

MMOBIEL shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Consumer has provided proof of return.

The Consumer shall return any goods within a time period of fourteen days commencing on the day the Consumer has notified MMOBIEL of the order cancellation. Consumers must provide proof of return upon request.

4.3 Returns & Return Costs

If cancelling an order involves returning items to MMOBIEL the Consumer agrees to pay the cost of return delivery.

Items that can be returned should be sent to:

N.S. Menko Holding B.V.
Returns
Hinmanweg 9W
7575BE Oldenzaal
The Netherlands

Consumers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Consumer.

MMOBIEL will pay the cost of return delivery if the Consumer returns an item wrongly sent to the Consumer, or if the Consumer has received faulty goods. In these cases, the Consumer must notify MMOBIEL either by

a. a letter to N.S. Menko Holding B.V., Hinmanweg 9W, 7575BE Oldenzaal, The Netherlands;
b. phone, calling +49 (0) 185 125 155;
c. an email sent to info@mmobiel.com

N.B.: Your right to cancel does not affect your statutory rights.

4.4 Voluntary Returns

In addtion to their statutory rights, customers may return items within 30 days of the date they received the item without giving any reasons.

Items that can be returned via mail should be sent to

N.S. Menko Holding B.V.
Returns
Hinmanweg 9W
7575BE Oldenzaal
The Netherlands

All surcharges incurred by returning an item with insufficient postage will be billed to the customer.

The following conditions apply:

i. returned goods must be unused,
ii. returned goods must be in perfect original condition,
iii. all goods must be returned with all components.
iiii. returned goods must be in the original packing,
iiiii. returned goods must have an unopened sealing

N.B.: Your right to return items voluntarily does not affect your Right to Cancel, or your statutory rights.

4.5 Items Exempt from Cancellation Rights/Voluntary Returns

The Right to Cancel/Voluntary Returns does not apply to

Contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised.

Contracts for the supply of goods which are liable to deteriorate or expire rapidly.

Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

Disassembled or assembled goods.

5. Goods Inspection – Depreciation - Damages

The Consumer shall have the right to inspect any goods received from MMOBIEL. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.

The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.

The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer's liability shall not exceed the purchase price of the item.

6. Limited Availability of Items or Services

In the case of items no longer available at MMOBIEL at the time the Consumer's order has been received, MMOBIEL reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, MMOBIEL shall reimburse any payment made by the Consumer. MMOBIEL shall refund Consumers paying On Account by crediting their respective customer account with the appropriate amount.

7. Typographical Errors

MMOBIEL reserves the right to amend product details on MMOBIEL websites if they should be found incorrect or incomplete. In these cases the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, MMOBIEL shall have the right to cancel the order. MMOBIEL shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

8. Delivery

Placing orders via mmobiel.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the restrictions list.

For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in The Netherlands, the delivery period is extended to the following working day.

Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to MMOBIEL proof of the claim being made.

9. Delivery Rates

The amount Consumers pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries MMOBIEL operates in are available on the MMOBIEL webpage . Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order). The customer has to bear the direct costs of the return in the case of a revocation.

10. Pricing

All prices quoted on www.mmobiel.com are in EURO and represent the total amount due, including VAT charge at the rate that applies in the Consumer's country on the day of purchase (Checkout). MMOBIEL reserves the right to individually price items offered online. MMOBIEL is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. MMOBIEL reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.

MMOBIEL is under legal obligation to implement any price changes in relation to the Fixed Book Price agreement (FBPL), including changes in VAT.

MMOBIEL reserves the right to amend prices if the amount quoted on the MMOBIEL webpage should be incorrect or incomplete. In these cases, MMOBIEL shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the order at the new price. Otherwise, MMOBIEL shall have the right to cancel the order. MMOBIEL shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

11. Payment Conditions

All payments are in EURO. MMOBIEL offers the following payment options: Advance Payment, as well as payment by credit card and via PayPal.

Please note that any bank transfer charges incurred in respect of your order will be added to your balance.
If we do not receive your payment within 20 days, your order will be cancelled automatically.

You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.

Payments will be applied to interest and charges first.

MMOBIEL shall have the right to provide the debt collection agency with the Consumer's name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Consumer's previous credit rating.

12. Retention of Title

Title to any items shall remain vested in MMOBIEL and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by MMOBIEL. Any replacement items provided by MMOBIEL shall remain vested in MMOBIEL until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.

13. Warranty

MMOBIEL shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided on the MMOBIEL webpage (www.mmobiel.com). MMOBIEL provides a 2-year warranty on all new items. The guarantee period commences at the delivery date.

In the case of the delivered item being faulty or damaged, MMOBIEL shall either repair the item or provide the Consumer with a replacement item. If MMOBIEL is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.

Warranties provided by MMOBIEL only apply to single items. Warranties for aggregates of items require a mutual agreement between MMOBIEL and the Consumer at the time of purchase.

MMOBIEL shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.

MMOBIEL receiving a returned item in conjunction with a claim does not automatically constitute MMOBIEL accepting the claim.

MMOBIEL shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.

14. Liability

MMOBIEL is not liable to the Consumer (or any other parties) for

a. any loss or damage which was not caused by MMOBIEL's breach of contract or MMOBIEL's breach of legal duty of care; 
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time MMOBIEL SE and you entered into the contract, either
(i) such loss or damage was contemplated by MMOBIEL and the Consumer, or 
(ii) the Consumer notified MMOBIEL that the loss or damage may occur if N.S. Menko Holding B.V. breached the Contract or MMOBIEL's legal duty of care;
c. any loss or damage caused by The Consumer's use of MMOBIEL's webpage, help desks or call centres.

Unless otherwise agreed, MMOBIEL shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from MMOBIEL.

Nothing in these Terms & Conditions shall affect MMOBIEL's liabilities under the Consumer Protection Act.

Nothing in these Terms & Conditions shall exclude or limit MMOBIEL's liability for (i) fraud; (ii) personal injury caused by MMOBIEL's negligence; or (iii) liability which may not be excluded or limited under any applicable law.

15. Changes in Customer Details

The Consumer shall notify MMOBIEL immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. MMOBIEL cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.

16. Applicable Law & Jurisdiction

All contractual agreements between MMOBIEL and The Consumer shall be governed by and construed in accordance with the laws of the Netherlands.

The legal language is Dutch. Although MMOBIEL offers an English and German language version of the website content and MMOBIEL's Terms & Conditions, these translations are provided for the Consumer's convenience only. The Dutch language version of the Terms & Condition shall govern both the Consumer's usage of the website and all contractual agreements entered into by placing an order on www.mmobiel.com.

17. Miscellaneous

By purchasing items from MMOBIELs, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of MMOBIEL going into administration, Consumers exerting their statutory creditor rights against MMOBIEL, compensation orders, and claims accepted for adjudication by MMOBIEL.

The registered office of N.S. Menko Holding B.V. is located at Hinmanweg 9W, 7575BE Oldenzaal, The Netherlands.

Consumers shall notify MMOBIEL of any debt assignments in writing. Until notified, any payments made by MMOBIEL shall be applied to discharge the liabilities.

Both MMOBIEL and the Consumer submit to the exclusive jurisdiction of the Court of Overijssel (The Netherlands) for the determination of disputes arising under any contractual agreement.

N.S. Menko Holding B.V.
Company Reg No: Kamer van Koophandel Enschede, 06086538

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