Introduction
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website and contain important information for you as a buyer. Therefore, please read the General Terms and Conditions carefully. Furthermore we advise you to save or print these terms and conditions so that you can read them again at a later time.
Definitions
1 MoreToBuy: established in Hoensbroek and registered with the Chamber of Commerce under registration number 60898259 trading under the name Sfeer&Scent.
2 Website: the website of MoreToBuy, to be consulted via www.sfeerenscent.nl and all related subdomains.
3 Client: the natural or legal person, acting or not acting in the exercise of a profession or business, who enters into an Agreement with MoreToBuy and/or has registered on the Website.
4 Agreement: any agreement or understanding between MoreToBuy and the Client, of which the General Terms and Conditions form an integral part.
5 General Terms and Conditions: these General Terms and Conditions.
Applicability General Terms and Conditions
1 All offers, agreements and deliveries of MoreToBuy are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2 If the Client, in its order, confirmation or notice of acceptance, includes provisions or conditions that deviate from, or do not appear in, the General Terms and Conditions, these shall only be binding for MoreToBuy if and insofar as they have been expressly accepted by MoreToBuy in writing.
3 In the event that, in addition to these General Terms and Conditions, specific product or service terms and conditions apply, those terms and conditions shall also apply, but the Client may always rely on the applicable provision that is most favorable to him/her in the event of conflicting terms and conditions.
Prices and information
1 All prices stated on the Website and in other materials originating from MoreToBuy are inclusive of VAT and, unless stated otherwise on the Website, other government levies.
2 If shipping costs are charged, this will be clearly stated in good time prior to the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3 The content of the Website has been compiled with the greatest care. However, MoreToBuy cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from MoreToBuy are therefore subject to obvious programming and typing errors.
4 MoreToBuy cannot be held responsible for (color) deviations as a result of screen quality.
Realisation of the Agreement
1 The Agreement is concluded at the moment of acceptance by the Client of MoreToBuy's offer and compliance with the conditions set by More2Buy.
2 If the Client has accepted the offer electronically, MoreToBuy shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Client has the option to dissolve the Agreement.
3 If it appears that incorrect information was provided by the Client at the time of acceptance or otherwise entering into the Agreement, MoreToBuy shall only be entitled to fulfill its obligation once the correct information has been received. 4 MoreToBuy may inform itself within the legal framework whether the Client is able to meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If MoreToBuy has good grounds on the basis of this investigation not to enter into the Agreement, it shall be entitled to refuse an order or request or to attach special conditions to its execution, such as prepayment.
Registration
1 In order to make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.
2 During the registration procedure, the Customer chooses a user name and password with which he can log on to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
3 The Customer must keep his user name and password strictly confidential. MoreToBuy is not liable for misuse of the login details and may always assume that a Client who logs on to the Website is actually that Client. Anything that happens via the Client's account falls under the responsibility and risk of the Client.
4 If the Client knows or suspects that his or her login details have come into the hands of unauthorised persons, he or she must change his or her password as soon as possible and/or inform More2Buy thereof, so that MoreToBuy can take appropriate measures.
Execution Agreements
1 As soon as the order has been received by MoreToBuy, MoreToBuy shall send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
2 MoreToBuy is entitled to engage third parties to execute the obligations arising from the Agreement.
3 On the Website it is clearly described, in a timely manner prior to the conclusion of the Agreement, how delivery will take place and within what period of time the products will be delivered. If no delivery period has been agreed upon or stated, products will in any case be delivered within 30 days.
4 If MoreToBuy is unable to deliver the products within the agreed term, it shall notify the Client accordingly. In that case, the Client may agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
5 MoreToBuy advises the Client to inspect the delivered products and to report any defects within a reasonable period of time, preferably in writing or by e-mail. Please refer to the Article on warranty and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to Client. If explicitly agreed otherwise, the risk is passed to Customer on an earlier stage.
pIf the Customer decides to collect the products, the risk is transferred upon transfer of the products.
7 MoreToBuy is entitled to deliver a similar product of similar quality as the product ordered if the product ordered is no longer available. The Client is then entitled to dissolve the agreement free of charge and to return the product free of charge.
Right of revocation/return
1 Client is entitled to dissolve the Distance Contract concluded with MoreToBuy free of charge within 14 calendar days of receipt of the product, without giving reasons. The period shall commence on the day after the Client, or a third party designated by the Client in advance, which is not the carrier, has received the product, or:
if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of several shipments or components: the day on which the Customer, or a third party designated by him, received the last shipment or component;
in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
2 Only the direct costs for the return shipment are for the Customer's account. The Customer must therefore bear the return costs himself/herself. If these costs are higher than the regular postal rate, MoreToBuy will provide an estimate of these costs.
Any costs paid by the Client for shipping (excluding C.O.D. costs) and payment of the product to the Client will be refunded to the Client upon return of the entire order.
3 Within the revocation period referred to in paragraph 1, the Client shall handle the product and its packaging with care. The Customer shall only open the packaging and only use the product to the extent necessary to check the nature, characteristics and operation of the products. The starting point here is that this inspection may not go beyond what the Customer would be able to do in a physical store. Especially for Customers acting in the course of their profession or business, products can only be returned unused in unopened packaging.
4 Customer is only liable for reduction in value of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.
5 The Client may dissolve the Agreement in accordance with paragraph 1 of this article by sending the model revocation form (digitally) to MoreToBuy, or by informing More2Buy in another unequivocal manner that it is cancelling the purchase. MoreToBuy will confirm receipt of this notification in case of a digital notification. After dissolution, the Client has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period stipulated in paragraph 1 of this Article, provided that the model revocation form or other unambiguous declaration of revocation is enclosed.
Products can be returned to:
Sfeer&Scent
Singel 29
6433 AW, Hoensbroek
6 Amounts already paid (in advance) by the Customer shall be refunded as soon as possible, but at the latest within 14 days of the invoice date.
days after termination of the Agreement will be refunded to the Customer in the same form as that Customer has paid for the order. If the Client has opted for a more expensive method of delivery than the cheapest standard delivery, MoreToBuy does not have to reimburse the additional costs for the more expensive method.
Unless MoreToBuy offers to collect the product itself, MoreToBuy may wait until MoreToBuy has received the product or until the Client proves that it has returned the product, whichever is earlier.
7 On the Website, information on whether or not the right of withdrawal applies and any desired procedure shall be stated clearly and in good time before the conclusion of the Agreement.
8 The right of withdrawal does not apply:
-Products that have been created by the Entrepreneur in accordance with the Consumer's specifications;
-Products that can spoil or age quickly;
-Audio and video recordings and computer software of which the Client has broken the seal;
-Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
-The delivery of digital content other than on a material carrier if the execution has started with the explicit prior consent of the Customer and he has declared that he loses his right of revocation.
Payment
1 Client must make payments to MoreToBuy in accordance with the payment methods specified in the order procedure and, if applicable, on the Website. MoreToBuy is free in its choice of payment methods and these may change from time to time. In case of payment after delivery, the Client has a payment term of 14 days starting on the day after delivery.
2 If the Client fails to meet its payment obligation(s) on time, it shall, after being notified of the late payment by MoreToBuy and MoreToBuy has granted the Client a period of 14 days to still meet its payment obligations, after the failure to pay within this 14-day period, owe the Client statutory interest on the amount still due and MoreToBuy shall be entitled to charge any extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. MoreToBuy may deviate from the aforementioned amounts and percentages for the benefit of the Client.
Warranty and conformity
1 This article only applies in the case of a Customer who is not acting in the course of his profession or business. If MoreToBuy provides a separate guarantee on the products, this shall apply to all types of Clients, without prejudice to what has just been stated.
2 MoreToBuy guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If specifically agreed, MoreToBuy also guarantees that the product is suitable for other than normal use.
3 A guarantee provided by MoreToBuy, manufacturer or importer does not affect the legal rights and claims that the Client already has and may invoke under the agreement.
4 If the delivered product does not comply with the Agreement, the Client must inform MoreToBuy of this within a reasonable period of time after discovering the defect.
5 If MoreToBuy deems the complaint to be well-founded, the relevant products shall be returned to MoreToBuy after consultation with the Client repaired, replaced or reimbursed. The maximum compensation is, subject to the Article on liability, equal to the price paid by the Customer for the product.
Complaints procedure
1 If the Client has a complaint about a product (in accordance with the Article concerning warranty and conformity) and/or about other aspects of the services provided by MoreToBuy, the Client may submit a complaint to MoreToBuy by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
2 MoreToBuy shall provide the Client with a response to his complaint as soon as possible, but in any event within 3 days of receipt of the complaint. If it is not yet possible to give a substantive or definitive response, MoreToBuy will confirm this within 3 days of receiving the complaint and provide an indication of the period within which it expects to give a substantive or definitive response to the Client's complaint.
We advise you to first make complaints known to us by sending an email to info@sfeerscent.nl. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur.
3.From February 15th 2016, EU consumers will also be able to lodge complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not dealt with elsewhere, you are free to lodge your complaint via the platform of the European Union";
Liability
1 This Article only applies if Customer is a natural or legal person acting in the course of his profession or business.
2 More2Buy's total liability towards the Client on account of an attributable failure to comply with the Agreement is limited to compensation of no more than the amount of the price (including VAT) stipulated for that Agreement. 3 Liability of More2Buy towards the Client for indirect damages, including in any case - but explicitly not exclusively - consequential damages, loss of profit, lost savings, loss of data and damage due to business stagnation, is excluded.
4 Except for the cases mentioned in the previous two paragraphs of this article, More2Buy is not liable to the Client for any damages, regardless of the ground on which an action for damages would be based. However, the limitations mentioned in this article shall lapse if and insofar as damage is the result of intent or gross negligence on the part of More2Buy.
5 More2Buy's liability towards the Client on account of an attributable failure in the fulfillment of an agreement only arises if the Client immediately and properly notifies More2Buy of its default in writing, stating a reasonable period to remedy the failure, and More2Buy continues to fail to fulfill its obligations even after this period has elapsed. The notice of default must contain as detailed a description of the shortcoming as possible, so that More2Buy is able to respond adequately.
6 A condition for the existence of any right to compensation is always that the Client notifies More2Buy in writing of the damage as soon as possible, but no later than 30 days after it has arisen.
7 In the event of force majeure, More2Buy is not obliged to compensate the Client for any damages incurred as a result.
Retention of title
1 As long as the Client has not made full payment for the entire agreed amount, all goods delivered shall remain the property of More2Buy.
Personal data
1 More2Buy processes the Client's personal data in accordance with the privacy statement published on the Website.
Final provisions
1 The Agreement is governed by Dutch law.
2 Insofar as not otherwise prescribed by mandatory law, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where More2Buy has its registered office.
3 If any provision of these Terms and Conditions is found to be invalid, this will not affect the validity of the entire Terms and Conditions. Parties will in that case replace (a) new provision(s), which as much as legally possible the intention of the original provision is given shape.
4 For the purposes of these General Terms and Conditions, 'in writing' also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
More2Buy
Singel 29
6433 AW, Hoensbroek 
Netherlands
telephone: +31652689285
e-mail: more2buy@outlook.com
Chamber of Commerce 60898259
VAT NL155879959B01