GENERAL TERMS AND CONDITIONS

Milatonie B.V.;
Markt 8, 6041EL Roermond, Netherlands;
Email address: contact@milatonie.com
Chamber of Commerce number: 69707510
VAT identification number:NL857976898B01

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the contract and these terms shall remain in force for the remainder, and the relevant provision shall be replaced without delay by a provision that closely approximates the intent of the original.
6. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be explained 'in the spirit' of these general terms and conditions.

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 is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. 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 consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:

   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will come into being and what actions are necessary for that;
   • the applicability or non-applicability of the right of withdrawal;
   • the method of payment, delivery, and execution of the agreement;
   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   • the level of the rate for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication means used;
   • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
   • any other languages in which the agreement can be concluded, in addition to Dutch;
   • the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance agreement in the case of a long-term transaction
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1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

5. The entrepreneur shall provide the consumer with the following information 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 data carrier:

   • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
   • the information about guarantees and existing service after purchase;
   • the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

5. The entrepreneur shall provide the consumer with the following information 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 data carrier:

   • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
   • the information about guarantees and existing service after purchase;
   • the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

1. Upon delivery of products:
2. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur.
3. During the reflection period, the consumer will handle the product and 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 he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of dispatch.
5. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

1. If the consumer exercises his right of withdrawal, the maximum costs of return shipping will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is on the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.
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1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

   • that have been created by the entrepreneur according to the specifications of the consumer;
   • that are clearly of a personal nature;
   • that by their nature cannot be returned;
   • that can spoil quickly or age;
   • whose price is tied to fluctuations in the financial market that the entrepreneur cannot influence;
   • for single newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal.
   • for hygiene products of which the consumer has broken the seal.

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
3. Price increases within 3 months after 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:

   • they are the result of legal regulations or provisions; or
   • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Returns of the products must be made in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

   • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated as indicated on the packaging;
   • The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed 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 executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

1. Unless otherwise agreed, 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.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution can be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

1. Additional or deviating provisions 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 by the consumer in an accessible manner on a durable data carrier.

1. Additional or deviating provisions 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 by the consumer in an accessible manner on a durable data carrier.