General Terms and Conditions Moorman B.V.

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Entrepreneur: the natural or legal person offering products to consumers at a distance: Ralph Moorman;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Remote agreement: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Bye: calendar day;

Article 2 - Identity of the entrepreneur

Moorman B.V.
Availability: Monday to Friday from 10 a.m. to 12 p.m.
E-mail address: info@ralphmoorman.com
Chamber of Commerce number: 60504757
VAT no: NL8539.39.949B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.
2. Before finalising the order, one must agree to the terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be stated in the offer.
2. The offer contains a complete and accurate description of the products on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions are necessary to do so;
• the applicability of the right of withdrawal;
• the method of payment, delivery or performance of the agreement;
• the way in which the consumer can become aware of acts not wanted by him before the conclusion of the contract and the way in which he can rectify them before the contract is concluded;

Article 5 - The agreement

1. Subject to the provisions of Article 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. An order process that, for whatever reason, is technically or otherwise interrupted before the payment instructions have been fully executed is considered incomplete, even if the customer has received an order confirmation. Consequently, such an order will in principle not be executed.
5. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
6. The operator will provide the following information with the product to the consumer, in such a way that it can be found and seen by the consumer in an accessible way:

a. the visiting address of the trader's establishment to which the consumer can address complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

Article 6 - Right of withdrawal on delivery of products

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for seven working days. This period starts the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer shall handle the product and its packaging with care. He shall 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 trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, the operator will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:

a) created by the trader in accordance with the consumer's specifications;
(b) that are clearly personal in nature;
(c) which, by their nature, cannot be returned;
(d) which spoil or age quickly;
e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
(f) for single newspapers and magazines;
g) for audio and video recordings and computer software whose seals have been broken by the consumer. 

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

(a) they result from statutory regulations or provisions; or

(b) the consumer has the power to terminate the agreement by the day on which the price increase takes effect.

1. The prices listed in the product offerings include VAT. On the checkout overview in the web shop, VAT is listed separately but not calculated additionally, it is already included in the price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. An arrangement offered by the trader as a guarantee does not affect the rights and claims that the consumer can assert against the trader in respect of a shortcoming in the trader's obligations under the law and/or the distance contract.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. 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 at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 - Payment

1. Insofar as not agreed later, the amounts owed by the consumer should be paid within 14 days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. Payment must be made in advance. The consumer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints procedure

1. The operator has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure. Namely: Complaints mail to info@ralphmoorman.com Within 14 days, the consumer will be contacted by mail.
2. Complaints on the performance of the agreement/ defects of the product must be submitted to the entrepreneur within 7 days of shipment, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.