Términos y Condiciones

Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Entrepreneur: the legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Grace period: The period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
7. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
8. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur
- Fashion Juice B.V. trading under the name Muchachomalo*.
- Address: Gooiland 46A, 1948RD, Beverwijk
- Return address: Gooiland 45, 1948RD, Beverwijk
- Phone 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 conditions apply to every offer from the entrepreneur and to every distance contract reached between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
4. In case specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting general conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer will 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. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, in what way it can be consulted by the consumer;
- the way in which the consumer can become aware of actions which he/she does not want to take before the conclusion of the contract, as well as the way in which he/she can rectify these actions before the contract is concluded;
- any 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 a contract for continuous or periodic delivery of products or services.

Article 5 - The agreement
1. The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the information of the entrepreneur on which the consumer can make use of the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
b. the information on existing after-sales services and guarantees;
c. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement
d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has committed to delivering 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 may terminate a distance or off-premises contract without giving any reason until a period of fourteen days has elapsed, following the day on which the consumer or a third party designated by the consumer, other than the carrier, has received the first item.
2. During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent
to the extent necessary to judge whether he wishes to retain the product. If he uses his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.

Article 7 - Costs and obligations in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he will be responsible for the costs of return shipment.
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 reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
4. The consumer returns the product with all 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 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 clearly in the offer, at least in time for the conclusion of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. the delivery of goods that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;

Article 9 - The price
1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or stipulations; or - the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Fulfilment of contract and additional guarantee
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.

Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Extended duration transactions
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

Article 13 - Payment
1. As far as no later date has been agreed, sums payable by the consumer should be paid within fourteen days after delivery of the product, or in case of a contract to provide a service, within 14 days after delivery of the product.
2. In case of non-payment on the part of the consumer, and subject to legal restrictions, the trader has the right to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints
1. The entrepreneur has a sufficiently publicized 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 within reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond 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. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.