The text below applies to all activities and transactions of Moodstreet BV hereinafter referred to as: Moodstreet Petit.
General sales, delivery and payment conditions of Moodstreet Petit:
1.1 These General Terms and Conditions apply to every offer from Moodstreet Petit and to every distance agreement concluded between Moodstreet Petit and the buyer, hereinafter referred to as the “Customer”.
1.2 In addition to these General Terms and Conditions, if expressly stated, specific product or service conditions may apply. In the event of conflicting general terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him.
1.3 Before the distance contract is concluded, the General Terms and Conditions are made available to the Customer via the Moodstreet Petit website. Accepting an offer or placing an order means that the Customer has accepted these General Terms and Conditions, as well as all other rights and obligations as stated on the Moodstreet Petit website.
2.1 All offers from Moodstreet Petit are without obligation. Offers are made subject to the availability of the products and/or services and with the right of Moodstreet Petit to revoke the offer within fourteen working days after receipt of the acceptance. Moodstreet Petit has the right to refuse orders and/or to dissolve the agreement if an article is unexpectedly not in stock.
2.2 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2.3 The offer contains a complete and accurate description of the products and services offered. If Moodstreet Petit uses images, these are a true representation of the products and services offered. However, it is possible that there are color, type, text and/or price changes that deviate from reality. Obvious mistakes or errors in the offer are not binding on Moodstreet Petit.
2.4 The distance contract is concluded at the moment of acceptance by the Customer of Moodstreet Petit's offer. If the Customer has accepted the offer electronically, Moodstreet Petit will also immediately confirm receipt of the acceptance of the offer electronically.
2.5 Customer and Moodstreet Petit expressly agree that a valid agreement is concluded by using electronic means of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Moodstreet Petit count, insofar as the law allows, as a presumption of evidence.
3.1 All prices are expressed in Euros (€), in accordance with the relevant legal regulations.
3.2 All prices include Dutch sales tax and exclude shipping costs, unless stated otherwise in the information relating to the product. If the Customer is not in the country of shipment, the Customer is responsible for any sales tax or import duties due.
3.3 The prices stated are indicative prices. Exact prices can only be seen once the Customer places an item in the shopping cart.
3.4 Moodstreet Petit is not bound by price statements that are incorrect as a result of input, typesetting or printing errors. No rights can be derived from incorrect price information.
Payment is always made in advance. For orders via the website, payment is made by means of a. Ideal, PayPal, Credit card, Googlepay or Applepay via the payment provider Shopify Payments. Belgian customers can also pay by Bancontact. Payments must be approved by Shopify Payments at all times before Moodstreet Petit proceeds with delivery.
5. Delivery / Delivery time
5.1 Moodstreet Petit strives to send the ordered items within 24 hours after receipt of payment. The indicated delivery times are an indication and not a deadline. Exceeding the delivery time does not entitle the Customer to compensation, dissolution of the agreement or non-compliance with any obligation that may arise for him from this or any related agreement.
5.2 If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product is available again. Delays will be reported to the Customer by email or telephone. The Customer is entitled to cancel the purchase of the product that cannot be delivered within 30 days.
5.3 Moodstreet Petit arranges for delivery preferably by DHL. This makes the orders traceable.
5.4 Moodstreet Petit is not responsible for orders lost by DHL.
5.5 Moodstreet Petit is entitled to fulfill the delivery in parts. The extra costs for this are borne by Moodstreet Petit.
5.6 Shipping costs for Dutch shipments are € 4.95. For Belgium € 5.95. Higher costs will be charged for other foreign shipments.
5.7 Moodstreet Petit is entitled - if Moodstreet Petit deems this necessary or desirable - to engage third parties necessary for the proper performance of its obligations.
5.8 The Customer is obliged to cooperate with the delivery, as well as to accept the delivery. In the absence of acceptance of the delivered goods by the Customer, Moodstreet Petit reserves the right to pass on any associated costs (including any costs of transport and storage) to the Customer.
5.9 Purchase is deemed to have been refused if the ordered services and/or goods have been offered for delivery but delivery has proved impossible. The day on which acceptance is refused counts as the day of delivery.
6. Exchange and right of withdrawal
6.1 For agreements that have been concluded via the website or in another way that exclusively use electronic communication, the Customer has the right to exercise a right of withdrawal without penalty and without stating reasons within 14 days after delivery of the goods. the order in question. Moodstreet Petit cannot accept returns outside this period.
6.2 If the Customer has made use of the right of withdrawal as stated in the previous paragraph, Moodstreet Petit will ensure a refund of the purchase price of the returned items, minus the shipping costs. This happens within 14 working days after receipt of the return on the account from which the amount originates.
6.3 During the cooling-off period, the Customer must handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
6.4 Moodstreet Petit only accepts exchanges / returns for which the instructions have been followed. The right of return does not apply if:
• Goods not registered within 14 days of delivery.
• Goods are returned after 14 days.
• Goods are damaged by the Customer.
• The Customer himself has tried to repair an article.
• Missing attachments to the goods.
• The goods are no longer in the same salable condition as when they were delivered.
6.5 The Customer is responsible for the return. Moodstreet Petit assumes that the Customer returns the shipment in the same way. Free returns or returns without registration will not be accepted.
6.6 Any loss of a return shipment is entirely the responsibility of the Customer.
6.7 The costs for returning the product are for the account of the Customer.
6.8 In the event of an exchange, Moodstreet Petit will pay the shipping costs of the replacement item once. This only applies to items that have been delivered without a discount and does not apply to free deliveries.
7. Force of the majority
7.1 In the event of force majeure, Moodstreet Petit is not obliged to fulfill its obligations towards the Customer, or the obligation is suspended for the duration of the force majeure.
7.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the Customer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
7.3 If the force majeure situation continues for longer than 3 months, both Moodstreet Petit and the Customer have the right to dissolve the agreement.
8.1 The stock of the webshop is updated in real time. In the unlikely event that the item ordered by the Customer is no longer in stock, the Customer will be informed by Moodstreet Petit as soon as possible. The Customer then has the right to cancel the order for the missing item free of charge. Moodstreet Petit will refund the amount paid for the order to the Customer's account within 14 working days (or earlier if possible).
9.1 Any liability of Moodstreet Petit, of its personnel and products of Moodstreet Petit for all damage, of whatever nature, direct or indirect, arising in connection with the delivery is expressly excluded, unless that damage is caused by intent or gross negligence on the part of Moodstreet Petit. Under intent or gross negligence is in any case not understood damage suffered by the Customer or a third party as a result of inaccuracy or incompleteness of the information provided by the Customer. Nor is Moodstreet Petit liable for damage caused by third parties during the execution of the agreement. Moodstreet accepts no liability for any damage resulting from the use of Moodstreet Petit products.
9.2 Damage that, in the opinion of the Customer, is the result of intent or gross negligence on the part of Moodstreet Petit, must be reported to Moodstreet Petit in writing as soon as possible, but at the latest within thirty (30) days after the occurrence thereof. Damage that is not notified to Moodstreet Petit within this period will only be eligible for compensation if the Customer has made it plausible that he was unable to report the damage earlier.
9.3 If and insofar as Moodstreet Petit is liable due to an attributable shortcoming in the fulfillment of the agreement of purchase and delivery or due to other acts, this liability is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (excl. . BTW). Under no circumstances will the total compensation for direct damage exceed EUR 1,000.
9.4 Any liability of Moodstreet Petit for trading loss or other indirect damage, including loss of profit, lost savings, loss of data, time invested by the Customer itself or costs of third parties engaged without the prior written consent of Moodstreet Petit, is expressly excluded.
10.1 The personal data is included in the customer database of Moodstreet Petit.
10.2 Moodstreet Petit only provides personal data of the Customer to third parties if this is necessary for the execution of the agreement with the Customer or to comply with a legal obligation.
11.1 Moodstreet Petit has the right to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes will take effect one month after publication by means of a written notification.
11.2 If the Customer does not wish to accept the change, he has the right to terminate the agreement in writing until the changes take effect on the date on which the changed terms and conditions come into effect. After the time of entry into force, the Customer is deemed to have accepted the changes - tacitly.
12. Applicable law
12.1 The agreement is governed by Dutch law.
12.2 The District Court of Breda has exclusive jurisdiction to rule on disputes arising from the Agreement.
12.3 The Dutch text of these general terms and conditions of sale prevails over the translations thereof.
For all your questions or comments, you can contact our customer service by e-mail;
Send an email to email@example.com or call (Moodstreet Petit +31851052606).
Returns can be sent to:
Jolo Fashion / Moodstreet Petit
4817 ZM Breda
KVK no: 18072168
BTW nr: NL812528864B01