General Terms and Conditions
www.malivo-toronto.com
Article 1 - Definitions
In these general terms and conditions, the following terms have the following meanings:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation extends over a certain period of time;
Durable data carrier: any means that enables the consumer or business to store information addressed to him/her personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, until the moment of conclusion of the agreement, only one or more means of distance communication are used within a system organized by the entrepreneur for distance selling of products and/or services;
Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same room at the same time
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur on request
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur, every distance contract concluded and every order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the consumer will receive the text of these general terms and conditions. If this is not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request. free of charge.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form before the distance contract is concluded, in such a way that the consumer can easily store them on a durable data carrier. If this is not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.
If at any time one or more provisions of these general terms and conditions are or become null and void in whole or in part, the remainder of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately by mutual agreement by a provision that comes as close as possible to the scope of the original provision.
Situations that are not provided for in these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.
Any ambiguities with regard to the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted “in the spirit” of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is subject to change. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the entrepreneur
and to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information from which the consumer can see what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, excluding import customs clearance costs and sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service applies the special regulation for postal and courier services when importing. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (also in connection with customs clearance costs) from the recipient of the goods;
any shipping costs;
the way the contract is concluded and the measures required for it;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the deadline for accepting the offer or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after it is concluded and, if so, how it can be consulted by the consumer;
the way in which the consumer, prior to the conclusion of the contract, can check the information provided by him under the contract and, if desired, correct it;
languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in the event of an extended transaction.
Optional: available sizes, colors, material types.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and the conditions stated therein are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance 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 organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur must observe appropriate security measures.
The entrepreneur can – within statutory frameworks – inform himself about the consumer's ability to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has good reasons not to enter into the contract, he has the right to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
The address of the entrepreneur's place of business to which the consumer can turn with complaints;
the conditions on 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;
the information about guarantees and existing after-sales services;
the information referred to in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided it to the consumer before the execution of the agreement;
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In case of an indefinite contract, the stipulations of the previous paragraph only apply to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving reasons during a period of 30 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and the entrepreneur.
During the reflection period, the consumer will treat the product and its 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 the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur accordingly within 30 days of receipt of the product. The consumer should communicate this in the form of a written message/e-mail. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered product has been returned in a timely manner, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not expressed the wish to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product are at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days of withdrawal. The prerequisite for this is that the goods have already been received by the entrepreneur or conclusive proof can be provided that the goods have been returned in full.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the
entrepreneur has made this clear when making the offer or at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products
that have been made by the entrepreneur according to the consumer's specifications
that are clearly personal in nature;
that by reason of their nature cannot be returned;
that spoil quickly or age;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
over which the entrepreneur has no control;
Newspapers and magazines
Audio and video recordings and computer software of which the consumer has broken the seal.
Hygiene articles of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
for accommodation, transport, catering or leisure to be carried out on a given day or during a given period;
the performance of which began, with the consumer's explicit consent, before the end of the withdrawal period;
betting and lotteries.
Article 9 – Price
During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market over which he has no influence, at variable prices. This link to fluctuations and the fact that the prices mentioned are recommended prices must be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they arise from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:
they arise from statutory regulations or provisions; or
the consumer has the right to terminate the contract from the day on which the price increase comes into effect.
According to Article 5(1) of the VAT Act 1968, the place of supply is the country where carriage begins. In this case, delivery will take place outside the EU. Accordingly, the postal or courier company will reclaim the import VAT and/or the customs clearance costs from the customer. The entrepreneur therefore does not charge VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Performance and warranty
The contractor warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force at the time of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 30 days of delivery. The products should be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is in no case responsible for the final suitability of the products for each individual application by the consumer, nor for any 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 himself or has 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 on the packaging;
The defectiveness is wholly or partly due to regulations that the state has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The company takes the greatest possible care when accepting and executing orders for products.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract at no cost and the right to any compensation for damages.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. The fact that a replacement item is being delivered will be communicated in a clear and comprehensible manner at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are at the expense 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 pre-designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Long-term transactions: duration, termination and renewal
Termination
The consumer has the right at all times to terminate an open-ended contract for the regular delivery of goods (including electricity) or services, with due observance of the agreed termination rules and a maximum notice period of one month.
The place of delivery is the address that the consumer has notified to the company.
The consumer may at all times terminate a contract concluded for a definite period for the regular delivery of goods (including electricity) or services at the end of the fixed-term in accordance with the applicable termination rules and with a notice period of no more than one month.
The consumer may
at all times terminate the contracts mentioned in the previous paragraphs, not only at a specific time or during a specific period;
at least terminate them in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has stipulated for himself. Renewal
A contract that has been concluded for a definite period and that extends to the regular delivery of goods (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term of a maximum of three months if the consumer has the option to terminate this extended contract at the end of the term. the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period of no more than one month. No more than three months if the subject matter of the contract is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of one month, unless reasonableness and fairness resist termination before the end of the agreed term.
Article 13 - Payment
The amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1, unless otherwise agreed. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer is obliged to report inaccuracies in the data or payment provided to the operator without delay.
In the event of non-payment by the consumer, the operator is entitled, subject to legal restrictions, to charge the consumer for all reasonable costs incurred, of which the consumer has been notified in advance.
Article 14 - Complaints
Complaints about the implementation of the contract must be submitted to the entrepreneur within 7 days, after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur finds that a complaint is well-founded, he will replace or repair the delivered products free of charge, at his discretion.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to Dutch law. This also applies if the consumer lives abroad.
Article 16 - SMS marketing
By agreeing to Malivo's SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned cart reminders), SMS marketing offers and transactional texts, including prompts for reviews, even if your mobile number is on a state or federal Do Not Call list. Message frequency varies. Your consent is not a condition of purchase.
If you wish to opt out of receiving SMS marketing messages and alerts, please reply STOP to any mobile message sent by us or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative unsubscribe methods, such as use of different words or prompts, will not be considered an appropriate method to opt out. We do not charge for the Service, but you are responsible for any text messaging fees or charges your carrier may charge you. Message and data rates may apply.
If you have questions, you can text HELP to the number you received the messages from. For more information, you can also contact us through the contact us page.