Terms of Service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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;
Continuing performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded;
Means of distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place at the same time.
Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Morningstar3D
Trouwhof 14
5021VZ Tilburg
Netherlands
T: (062) 531-5222
E: info@morningstar3d.nl
Chamber of Commerce (KVK) number: KVK000000
VAT number: BTW000000

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
Before the distance contract 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 where the general terms and conditions can be inspected at the entrepreneur’s premises and that they 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 may be made available to the consumer electronically in such a way that the consumer can easily store it 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 electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced immediately by a provision that approximates the intent of the original as closely as possible, in mutual consultation.
Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our 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 made under certain conditions, this will be explicitly stated 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 offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the used communication means;
- whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the information provided by them within the context of the agreement before concluding the agreement;
- any other languages in which the agreement can be concluded, in addition to Dutch;
- the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.
The entrepreneur may, within the limits of the law, obtain information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales services;
- the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they 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 entrepreneur within 14 days after receiving the product. The consumer must do this using the model withdrawal form or through another means of communication, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the products were returned on time, for example by providing proof of shipment.
If the consumer has not expressed their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.

For the delivery of services:

In the case of the delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement was concluded.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the maximum costs they will be responsible for are the costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is on the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly agrees to a different payment method.
The consumer is liable for any reduction in value of the product caused by handling the product in a way that goes beyond what is necessary to determine its nature, characteristics, and functioning.
The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
The right of withdrawal may only be excluded for products:
- that are made by the entrepreneur according to the consumer’s specifications;
- that are clearly of a personal nature;
- that, by their nature, cannot be returned;
- that may spoil quickly or become outdated;
- whose price is dependent on fluctuations in the financial market that the entrepreneur cannot control;
- for single newspapers and magazines;
- for audio and video recordings and computer software if the consumer has broken the seal;
- for hygiene products if the consumer has broken the seal.
The right of withdrawal may only be excluded for services:
- related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
- where the performance has started with the explicit consent of the consumer before the cooling-off period has expired;
- related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market, over which the entrepreneur has no control. The connection to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases occurring more than 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the right to terminate the agreement as of the date the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the case of printing and typographical 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 comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.
All products are subject to the statutory warranty. The duration of the statutory warranty may vary based on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the handling instructions on the packaging;
- the defect is entirely or partially the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care in accepting and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to the provisions of paragraph 4 of this article, the entrepreneur will perform accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a substitute item. No later than upon delivery, it will be clearly and understandably communicated that a substitute item will be provided. The right of withdrawal cannot be excluded for substitute items. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement that is entered into for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, subject to any agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that is entered into for a fixed period and involves the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to any agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time, without being limited to termination at a specific time or during a particular period;
- in the same manner as they were entered into;
- always with the same notice period as agreed by the entrepreneur for themselves.

Renewal

An agreement that is entered into for a fixed period and involves the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.
Notwithstanding the previous paragraph, an agreement that is entered into for a fixed period and involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer can terminate the renewed agreement at the end of the extension with a notice period of no more than one month.
An agreement that is entered into for a fixed period and involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement involves the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes will not be automatically extended and will terminate automatically at the end of the trial or introductory period.

Duration

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the commencement of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently well-known complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has detected the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 resolved through mutual agreement, it results in a dispute that is subject to the disputes settlement procedure.
In case of complaints, a consumer should first contact the entrepreneur. If the web shop is affiliated with WebwinkelKeur and the complaints cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if the web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur; the ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless otherwise stated in writing by the entrepreneur.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions pertain, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium in an accessible way.