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Terms and conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can make use of their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with MOMENTUM DESIGN.
Day: Calendar day.
Duration transaction: A distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
Durable medium: Any means that enables the consumer or MOMENTUM DESIGN to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to waive the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance, in this case: MOMENTUM DESIGN.
Distance agreement: An agreement whereby, within the framework of a system organized by MOMENTUM DESIGN for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Technique for distance communication: Means that can be used to conclude an agreement without the consumer and MOMENTUM DESIGN having gathered simultaneously in the same room.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer will handle the product and the packaging with care. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if possible, in its original condition, in accordance with reasonable instructions provided by MOMENTUM DESIGN.

Article 3 – Applicability

These general terms and conditions apply to every offer from MOMENTUM DESIGN and to every distance agreement and order concluded between MOMENTUM DESIGN and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at MOMENTUM DESIGN and that they will be sent free of charge as soon as possible at the consumer's request.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. MOMENTUM DESIGN is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If MOMENTUM DESIGN uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind MOMENTUM DESIGN.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, MOMENTUM DESIGN will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by MOMENTUM DESIGN, the consumer may dissolve the agreement.

Article 6 – Right of Withdrawal (Details)

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer. If the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to MOMENTUM DESIGN within 30 days of receiving the product via a written message or email. After notification, the customer must return the product within 30 days.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer's account. MOMENTUM DESIGN will refund the amount paid as soon as possible, but no later than 30 days after withdrawal, provided the product has been received back or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

MOMENTUM DESIGN can exclude the consumer's right of withdrawal for certain products, such as those made to the consumer's specifications, products that are clearly personal in nature, or hygiene products where the seal has been broken.

Article 9 – The Price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. All prices are subject to printing and typographical errors. MOMENTUM DESIGN is not obliged to deliver the product at an incorrect price resulting from such errors.

Article 10 – Conformity and Warranty

MOMENTUM DESIGN guarantees that the products and/or services comply with the agreement and the specifications stated in the offer. A warranty provided by MOMENTUM DESIGN, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against MOMENTUM DESIGN.

Article 11 – Delivery and Execution

MOMENTUM DESIGN will take the greatest possible care when receiving and executing orders. The company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. The risk of damage and/or loss of products rests with MOMENTUM DESIGN until the moment of delivery to the consumer.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Consumers can terminate an agreement entered into for an indefinite period (which extends to the regular delivery of products) at any time, subject to the agreed termination rules and a notice period of no more than one month.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period. The consumer has the duty to report inaccuracies in provided payment details to MOMENTUM DESIGN immediately.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to MOMENTUM DESIGN within seven days after the consumer has discovered the defects. Complaints submitted to MOMENTUM DESIGN will be answered within a period of 14 days.

Article 15 – Disputes

Agreements between MOMENTUM DESIGN and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.