Our terms and conditions are as follows: General Terms and Conditions — Lightweight Outdoor
Table of contents
Article 1 – Definitions; Article 2 – Identity of the entrepreneur; Article 3 – Applicability; Article 4 – The offer; Article 5 – The agreement; Article 6 – Right of withdrawal; Article 7 – Obligations of the consumer during the withdrawal period; Article 8 – Exercising the right of withdrawal and the related costs; Article 9 – Obligations of the entrepreneur in the event of withdrawal; Article 10 – Exclusion of the right of withdrawal; Article 11 – The price; Article 12 – Performance of the agreement and additional guarantee; Article 13 – Delivery and execution; Article 14 – Payment; Article 15 – Force majeure; Article 16 – Complaints procedure; Article 17 – Disputes; Article 18 – Intellectual property; Article 19 – Amendment of the terms and conditions; Annex I – Model withdrawal form.
Article 1 – Definitions
In these terms and conditions the following definitions apply: Supplementary agreement; Withdrawal period; Consumer (the natural person not acting for purposes related to their trade, business, craft or profession); Day (calendar day); Digital content; Continuing performance agreement; Durable data carrier (including e-mail); Right of withdrawal; Entrepreneur; Distance contract; Model withdrawal form (Annex I); Technique for distance communication. (Full statutory definitions as in the consumer model.)
Article 2 – Identity of the entrepreneur
Moss Gear B.V. — Lightweight Outdoor
Molenstraat 45, 7957 CH De Wijk
0620106037 (9:00 – 12:00)
info [at] lightweightoutdoor.com
Chamber of Commerce number: 88038599
VAT identification number: NL864484288B01
Article 3 – Applicability
1. These terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be inspected and that they will be sent free of charge as soon as possible on request.
3. If the distance contract is concluded electronically, the text may be made available electronically in a way that allows the consumer to store it easily on a durable data carrier; if not reasonably possible, the entrepreneur indicates where the terms can be consulted electronically and that they will be sent free of charge on request.
4. If specific product or service conditions also apply in addition to these terms, the consumer may, in the event of conflicting conditions, always invoke the provision that is most favourable to them.
Article 4 – The offer
1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. Images are a truthful representation. Obvious mistakes or errors do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. If the consumer accepted the offer electronically, the entrepreneur immediately confirms receipt electronically. Until receipt has been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment; appropriate security measures are taken for electronic payment.
4. The entrepreneur may, within legal limits, inform themselves whether the consumer can meet their payment obligations and of all facts relevant to responsibly concluding the distance contract; on reasonable grounds the entrepreneur may refuse an order or attach special conditions to its execution.
5. No later than on delivery, the entrepreneur sends the following information (in writing or storable on a durable data carrier): a) the visiting address for complaints; b) the conditions and manner of exercising the right of withdrawal, or a clear statement that it is excluded; c) information on guarantees and after-sales service; d) the price including all taxes, delivery costs and the method of payment, delivery or performance; e) requirements for cancellation if the agreement lasts more than one year or is indefinite; f) the model withdrawal form, if the consumer has a right of withdrawal.
6. In the case of a continuing transaction, paragraph 5 applies only to the first delivery.
Article 6 – Right of withdrawal (for products)
1. The consumer may dissolve an agreement for the purchase of a product during a withdrawal period of at least 14 days without giving reasons. The entrepreneur may ask for the reason but may not oblige the consumer to give it.
2. The withdrawal period begins on the day after the consumer (or a third party designated in advance, other than the carrier) receives the product, or: a) for multiple products in one order: the day the last product is received; b) for a delivery consisting of several shipments or parts: the day the last shipment or part is received; c) for regular delivery over a period: the day the first product is received.
5. (Extended period) If the entrepreneur has not provided the legally required information about the right of withdrawal or the model form, the withdrawal period ends twelve months after the end of the original period.
6. If that information is provided within twelve months, the withdrawal period ends 14 days after the consumer receives it.
Article 7 – Obligations of the consumer during the withdrawal period
1. During the withdrawal period the consumer handles the product and packaging with care, and only unpacks or uses the product as far as necessary to establish its nature, characteristics and operation — as they would be allowed to in a shop. The packaging should not be damaged.
2. The consumer is only liable for any reduction in value resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercising the right of withdrawal and the related costs
1. The consumer notifies withdrawal within the withdrawal period using the model form or in another unambiguous way.
2. Within 14 days of that notification the consumer returns the product, or hands it to (a representative of) the entrepreneur — unless the entrepreneur offered to collect the product. The consumer has met the return deadline if the product is returned before the withdrawal period has expired.
3. The consumer returns the product with all accessories, where reasonably possible in its original condition and packaging, and in accordance with reasonable, clear instructions provided by the entrepreneur.
4. The risk and burden of proof for correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct cost of returning the product.
6. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables electronic notification of withdrawal, they send an acknowledgement of receipt without delay.
2. The entrepreneur reimburses all payments by the consumer (excluding any delivery costs charged for the returned product) without delay and within 14 days of notification. Unless the entrepreneur offers to collect the product, they may wait to reimburse until the product is received or until the consumer proves it has been returned, whichever is earlier.
3. The entrepreneur uses the same means of payment the consumer used, unless the consumer agrees otherwise; reimbursement is free of charge.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude certain products and services from the right of withdrawal, but only if clearly stated at the time of the offer or in good time before the conclusion of the agreement. 1. If items have been used or otherwise damaged by the consumer, the entrepreneur may invoke this and the purchase amount may be refunded only partly or not at all.
Article 11 – The price
1. During the validity period stated in the offer, prices are not increased, except for changes due to VAT rates.
2. Contrary to the above, the entrepreneur may offer products or services with variable prices where these are subject to fluctuations on the financial market beyond the entrepreneur’s control; this and the fact that any stated prices are target prices is mentioned with the offer.
3. Price increases within 3 months of concluding the agreement are only permitted if they result from statutory regulations.
4. Price increases from 3 months after conclusion are only permitted if agreed and if: a) they result from statutory regulations; or b) the consumer may cancel the agreement with effect from the date the increase takes effect.
5. Prices stated for products or services include VAT.
Article 12 – Performance of the agreement and additional guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded.
2. An additional guarantee never limits the consumer’s statutory rights and claims where the entrepreneur has failed to fulfil their part of the agreement.
3. An “additional guarantee” means any commitment by the entrepreneur, supplier, importer or producer granting rights or claims beyond what is legally required in the event of failure to perform.
Article 13 – Delivery and execution
1. The entrepreneur exercises the greatest possible care when receiving and executing orders and assessing requests for services.
2. The place of delivery is the address the consumer made known to the entrepreneur.
3. With due observance of Article 4, the entrepreneur executes accepted orders promptly and within 30 days at the latest, unless another delivery period was agreed. In case of delay, or if an order cannot (fully) be executed, the consumer is informed within 30 days of placing the order and may then dissolve the agreement free of charge.
4. After dissolution under paragraph 3, the entrepreneur refunds the amount paid without delay.
5. The risk of damage and/or loss rests with the entrepreneur until delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.
Article 14 – Payment
1. Unless otherwise stipulated, amounts due by the consumer must be paid within 14 days after the start of the withdrawal period, or — if there is none — within 14 days after the agreement is concluded (for a service: from the day after the consumer receives confirmation).
2. When selling products to consumers, the consumer may never be required in general terms to pay more than 50% in advance. Where advance payment is stipulated, the consumer cannot assert any right regarding execution before that advance payment has been made.
3. The consumer must promptly report any inaccuracies in payment details provided.
4. If the consumer does not pay on time, then — after being notified of the late payment and given a 14-day period to still pay — the consumer owes statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. (These collection costs follow the standard statutory scale, increasing in steps with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in the consumer’s favour.)
Article 15 – Force majeure
1. If the seller cannot, or cannot timely or properly, fulfil their obligations due to force majeure, they are not liable for any damage suffered by the buyer.
2. Force majeure includes any circumstance the seller could not take into account when entering into the agreement, such as illness, war or threat of war, civil war and riots, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, strikes, lock-outs, changed government measures, transport difficulties and other business disruptions.
3. Force majeure also includes suppliers on whom the seller depends failing to meet their obligations, unless attributable to the seller.
4. Obligations are suspended for as long as the seller cannot fulfil them. After force majeure has lasted 30 calendar days, both parties may dissolve the agreement in writing, in whole or in part.
Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints accordingly.
2. Complaints about the performance of the agreement must be submitted fully and clearly described within a reasonable time after the consumer detected the defects.
3. Complaints are answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur responds within 14 days with an acknowledgement and an indication of when a more detailed answer can be expected.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is subject to the disputes procedure.
Article 17 – Disputes
1. Agreements between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law.
Article 18 – Intellectual property
Moss Gear BV – Lightweight Outdoor retains all intellectual property rights to all products, designs and content unless agreed otherwise in writing.
Article 19 – Amendment of the terms and conditions
Moss Gear BV – Lightweight Outdoor is entitled to amend or supplement these terms. Consumers may cancel the agreement in the event of a substantial change.
Annex I: Model withdrawal form