Terms & Conditions

Article 1 - Definitions

In these General Terms and Conditions:

Cooling-off period the period within which the consumer can exercise their right of withdrawal;

Consumer The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

day Calendar day;

Ongoing transaction A distance agreement for a series of products and/or services whose delivery and/or purchase obligation extends over a longer period;

Durable storage medium Any means that allows the consumer or trader to store information directed personally to them in a way that later enables the retrieval and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur The natural or legal person who offers products and/or services to consumers at a distance;

Distance contract a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

Technique for remote communication Technique that allows an agreement to be concluded without the consumer and trader being present in the same place at the same time.

General Terms and Conditions These general terms and conditions of the contractor.

Article 2 - Identity of the entrepreneur

Stergos Ecommerce

KvK: 92822967

Glenn Millerstraat, 6836DS Arnhem

support@musthaves-melbourne.com

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur 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 contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.

If, in addition to these General Terms and Conditions, special product or service conditions also apply, sections 2 and 3 are correspondingly applicable, and in the event of conflicting General Terms and Conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If at any time one or more provisions of these General Terms and Conditions are wholly or partially null and void or declared so, the remainder of the contract and these General Terms and Conditions shall remain valid, and the relevant provision shall be immediately replaced by mutual agreement with a provision that closely approximates the purpose of the original provision.

Situations not covered by these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur is entitled to modify 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 the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Evident mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the quotation are indicative and cannot give rise to compensation or cancellation of the contract.

The images of the product are a true representation of the offered products. The entrepreneur cannot guarantee that the depicted colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This applies in particular to:

the price is exclusive of clearance fees and import duties. These extra costs are for the account and risk of the customer. The postal and/or courier service will make use of the special arrangement for postal and courier services upon import. This arrangement applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects the VAT (also along with the invoiced clearance costs) from the recipient of the goods;

possible shipping costs;

the manner in which the contract is concluded and the measures required for that;

whether there is a right of withdrawal or not;

the method of payment, delivery, and execution of the contract;

the period for acceptance of the offer or the period within which the trader guarantees the price;

the amount of the compensation for remote communication if the costs for using the remote communication technology are calculated on a basis other than the regular base rate for the used communication medium;

whether the contract is archived after closure and if so, how it can be accessed by the consumer;

the manner in which the consumer can verify and, if necessary, correct the data provided by him in the context of the agreement before the agreement is concluded;

all other languages than Dutch in which the contract can be concluded;

the codes of conduct that the trader has agreed to and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement for a long-term transaction.

Optional: available sizes, colors, types of materials.

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 therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance of the offer has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.

The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to the execution.

The trader provides the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable medium and is accessible to the consumer:

the address of the trader's establishment where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal;

information about warranties and existing customer service;

the information included in Article 4, paragraph 3 of these general terms and conditions, unless the trader has already provided this information to the consumer before the agreement is concluded;

the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of long-term transactions, the provisions of the preceding paragraph apply only to the first delivery.

Each contract is concluded under the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of Cancellation

When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This withdrawal period begins on the day after the product is received by the consumer or a representative designated by the consumer and made known to the entrepreneur.

During the withdrawal period, the consumer will handle the product and packaging with care. He will 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 with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the goods. The consumer must make this known by means of a written message/email. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by providing proof of shipment.

If the customer has not communicated their cancellation and has not returned the product to the trader after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is deemed to have been made.

Article 7 - Costs in case of cancellation

If the consumer exercises their right of withdrawal, they bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. Condition is that the goods have already been received by the online trader or that conclusive proof of full return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in a timely manner before concluding the contract.

The exclusion of the right of withdrawal is only possible for products:

made by the trader according to the specifications of the consumer;

that are clearly personal in nature;

which due to their nature cannot be returned;

that can spoil or age quickly;

whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;

for loose newspapers and magazines;

for audio and video recordings and computer software from which the consumer has removed the seal.

for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services:

with regard to accommodation, transportation, catering, or leisure activities that need to be carried out on a specific day or during a specific period;

of which the delivery has begun with the express consent of the consumer before the withdrawal period has expired;

everything about betting and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are based on legal regulations or provisions.

Price increases starting 3 months after the conclusion of the agreement are only permitted if the contractor has agreed to this and:

they arise from legal regulations or provisions; or

The consumer has the right to terminate the agreement effective from the day the price increase takes effect.

The place of delivery is the country where the transport begins according to Section 5 (1) UStG 1968. In this case, the delivery takes place outside the EU. The post office or courier service then collects the VAT on import or the clearance fees from the customer. No VAT is therefore charged by the entrepreneur.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. The entrepreneur is, however, never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise mishandled or treated contrary to the instructions of the Contractor and/or on the packaging;

The defect is wholly or partially the result of regulations issued or to be issued by the government regarding the type or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the entrepreneur.

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due diligence but no later than within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any potential return shipment are the responsibility of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated representative, unless expressly agreed otherwise.

Article 12 - Transactions with a term: duration, termination, and extension

Cancellation

The consumer can terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or the regular provision of services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of at least one month.

The consumer can make use of the agreements mentioned in the previous sections:

can be canceled at any time and is not limited to cancellation at a specific moment or during a specific period;

at least in the form in which he has entered into them;

You can always cancel with the same notice period that the entrepreneur has set for themselves.

Renewal

An agreement that has been concluded for a specific period and pertains to the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

In deviation from the previous paragraph, an agreement that is entered into for a fixed term and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, provided that the consumer has signed this extension agreement at the end of the extension and can terminate it with a notice period of no more than one month.

An agreement entered into for a fixed term and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. A notice period of no more than three months applies if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to promptly report any inaccuracies in the provided or transmitted payment details to the merchant.

In the event of late payment by the consumer, the trader, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, fully and clearly described.

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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be settled amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If the entrepreneur considers a complaint justified, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. Even if the consumer lives abroad.