Terms and Conditions

Article 1 - Definitions

In these terms and conditions::

1. Entrepreneur: the legal person who offers products and/or services remotely to consumers;
2. consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with the entrepreneur;
3. Agreement of distance: an agreement in which in the context of a system for sale of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is made of one or more techniques for communication on distance;
4. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously gathering in the same room;
5. Consideration time: the period within which the consumer can use his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to refrain from the distance agreement within the cooling -off period;
7. Duration transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
8. Sustainable data carrier: every means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unchanged reproduction of the stored information possible.

Article 2 - Identity of the entrepreneur

- Fashion Juice B.V. acting under the name Muchachomalo*
- Address: Gooiland 46A, 1948RD, Beverwijk
- Return address: Gooiland 45, 1948RD, Beverwijk
- Telephone number: +31 251 220 051
- E-mail address: info@muchachomalo.com
- Chamber of Commerce number: 34104589
- VAT identification number: NL8071.69.031.B01

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer of the entrepreneur and to every distance agreement between entrepreneur and consumer.
2. 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, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that this by the Consumer can be stored in a simple way on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is the most for him is favorable.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period for standing up the price;
- the amount of the distance for remote communication if the costs of using the remote technology are calculated on a basis other than the basic rate;
- if the agreement is archived after the conclusion, how it can be consulted for the consumer;
- the way in which the consumer can get informed of the acts that he did not want to conclude by him, as well as the way in which he can restore them before the agreement is concluded;
- the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of an agreement that serves to constant or periodic delivery of products or services.

Article 5 - The Agreement

1. The Agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set.
2. 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, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
4. The entrepreneur can - within the legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible for concluding the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. With the Product or Service to the Consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier:

a. the information data of the entrepreneur on which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
b. the information about existing service after purchase and guarantees;
c. the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
d. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is an indefinite duration.

6. If the entrepreneur has obliged himself to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal on delivery of products

1. The consumer can terminate a distance or agreement outside the sales room without giving reasons a period of fourteen days, after the day on which the consumer or a third party designated by the consumer, who is not the carrier, the carrier, the first case.
2. During this period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to that extent

To the extent necessary to be able to assess whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs and obligations in the event of withdrawal

1. If the consumer uses his right of withdrawal, the costs of return are for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than thirty days after the return or withdrawal.
3. During the cooling -off period, the consumer will handle the product and the packaging with care. It will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only use and inspect the product as he could do in a store.
4. The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

a. that have been established by the entrepreneur in accordance with the consumer specifications;
b. who are clearly personal in nature;
c. that cannot be returned by their nature;
d. who can spoil or age quickly;
e. of which the price is bound by fluctuations on the financial market on which the entrepreneur has no influence;
f. the delivery of things that are not suitable for being returned for reasons of health protection or hygiene and whose seal has been broken after delivery;

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, subject to price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and::

β€’ these are the result of legal regulations or provisions; Or β€’ The consumer has the authority to cancel the agreement by the day on which the price increase starts.

5. The prices mentioned in the range of products or services include VAT.

ARTICLE 10 - Compliance with the agreement and extra warranty

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal statutory on the date of the conclusion of the Agreement provisions and/or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can apply to the entrepreneur's obligations in respect of a shortcoming in the fulfillment of the entrepreneur's obligations on the basis of the law and/or the distance agreement.

Article 11 - Delivery and implementation

1. The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
2. As a place of delivery, the address that the consumer has made known to the company is the address.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will notify this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be reported in a clear and understandable manner at the latest that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 - Duration transactions

1. The consumer may at all times cancel an agreement that has been entered into an indefinite period of time and that aims at the regular delivery of products or services, taking into account the agreed cancellation rules and a cancellation period of at most one month.
2. The consumer may at all times cancel an agreement that has been entered into for a fixed -term period and that intends to regularly deliver products or services, at all times by the end of the fixed duration with due observance of agreed cancellation rules and a cancellation period of at most one month .

Article 13 - Payment

1. Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in the event of an agreement to provide a service within 14 days after delivery of the product.
2. In the event of default by the consumer, the entrepreneur has the right to charge the consumer known to the consumer, subject to legal restrictions.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly described time within a reasonable time, after the consumer has found the defects.
3. 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Disputes

1. In agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies.

Article 16 - Additional or different provisions

Additional or deviating provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a sustainable data carrier.