Terms of service

General


Mogera Ceramics is located in Utrecht (Netherlands) at Van Eesterenstraat 14 (3544 MZ) and is registered with the Chamber of Commerce under number 92622127. This document outlines the conditions under which the products are delivered, ensuring that both parties are aware of their expectations. If any provisions are unclear, please contact Karlijn Moll via email at: mogeraceramics@gmail.com.

Clause 1. Definitions
In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period during which Customer may exercise its right of withdrawal;
  2. Customer: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Mogera;
  3. Day: calendar day;
  4. Right of withdrawal: customer’s right to withdraw from the distance contract within the cooling-off period;
  5. Model form: the withdrawal form provided by Mogera, which a consumer can complete if they wish to exercise their right of withdrawal;
  6. Mogera: Mogera Ceramics, the legal entity offering products remotely to consumers;
  7. Distance contract: a contract in which, as part of a system organized by Mogera for the remote sale of products, one or more means of remote communication are exclusively used until the conclusion of the contract;
  8. Means of remote communication: any tool that can be used to conclude a contract without the consumer and Mogera being present in the same space at the same time;
  9. Terms: these general terms & conditions.
  10. Website: www.mogeraceramics.com. 

 

Clause 2. Applicability

  1. These terms apply to every offer made by Mogera, as well as to all distance contracts and orders concluded between Mogera and Customer.
  2. Before a distance contract is concluded, the text of these terms will be provided to Customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms are available for review at Mogera, and they will be sent to Customer free of charge upon request.
  3. If the distance contract is concluded electronically, by way of deviation from the previous clause, the text of these terms can be made available to Customer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms can be accessed electronically, and that they will be sent to Customer electronically or in another form free of charge upon request.
  4. Should one or more provisions in these terms be nullified or declared void at any time, either wholly or partially, the remaining provisions of the agreement and these terms and conditions shall remain in effect. The voided provision will, in mutual consultation, be replaced without delay by a provision that approximates the original intent as closely as possible.
  5. Situations that are not covered by these terms should be assessed ‘in the spirit’ of these terms and conditions.

 

Clause 3. The Offer

  1. If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. Mogera reserves the right to modify or adjust the offer.
  3. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow Customer to make a proper assessment of the offer. If Mogera uses images, these will be a true representation of the products offered. Obvious errors or mistakes in the offer do not bind Mogera.
  4. All images, specifications, and data included in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.
  5. Images of products are a truthful representation of the products offered. However, Mogera cannot guarantee that the colors displayed exactly match the actual colors of the products.
  6. Each offer contains sufficient information so that it is clear to Customer what rights and obligations are attached to accepting the offer.
  7. The offer particularly includes:
    1. The price, including taxes;
    2. Any applicable shipping costs;
    3. The manner in which the agreement will be concluded and what actions are required for this;
    4. Whether or not the right of withdrawal applies;
    5. The method of payment, delivery, and execution of the agreement;
    6. The term for accepting the offer, or the period during which Mogera guarantees the price;
    7. The level of the fee for remote communication if the costs of using the technology for remote communication are calculated on a different basis than the regular base rate for the communication method used;
    8. Whether the agreement will be archived after it has been concluded, and if so, how it can be accessed by Customer;
    9. The way in which Customer, before concluding the agreement, can check and correct the data they have provided in the context of the agreement.

 

Clause 4. The Agreement

  1. The agreement is concluded, subject to the provisions in this clause, at the moment Customer accepts the offer and fulfills the accompanying conditions.
  2. If Customer has accepted the offer electronically, Mogera will promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance is confirmed by Mogera, Customer may dissolve the agreement.
  3. If the agreement is concluded electronically, Mogera will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If Customer can pay electronically, Mogera will observe appropriate security measures for this purpose.
  4. Within the boundaries of the law, Mogera may investigate whether Customer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, Mogera has grounds to refrain from concluding the agreement if, based on this investigation, Mogera has grounds to refrain from concluding the agreement, it is entitled to refuse an order or request, or to attach special conditions to its execution, providing justification for such a decision to Customer.
  5. Mogera will include, at the latest upon delivery of the product to Customer, the following information in writing or in such a way that Customer can store it in an accessible manner on a durable medium:
    1. The visiting address of the business location of Mogera where Customer can lodge complaints;
    2. The conditions under which and the manner in which Customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. The information regarding warranties and existing after-sales service;
  6. The requirements for terminating the agreement if the duration of the contract exceeds one year or is indefinite.
  7. Mogera will provide Customer with the following information, either in writing or in a way that allows Customer to store it accessibly on a durable medium, alongside the product or service:
  8. The conditions under which and the manner in which Customer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  9. Information regarding warranties and existing after-sales service;
  10. The requirements for terminating the agreement if the duration of the agreement exceeds one year or is of indefinite duration.

 

Clause 5. Right of Withdrawal

  1. When purchasing products, Customer has the option to dissolve the agreement without providing any reason within 14 days. This reflection period begins on the day after Customer, or a representative designated by Customer and made known to Mogera, receives the product.
  2. During the reflection period, Customer must handle the product and packaging with care. Customer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If Customer exercises their right of withdrawal, they must return the product, including all accessories and—if reasonably possible—in its original condition and packaging, to Mogera in accordance with the reasonable and clear instructions provided by Mogera.
  3. If Customer wishes to exercise their right of withdrawal, they are required to notify Mogera within 14 days of receiving the product. Customer may notify Mogera by using the model form or by another communication method, such as email.
  4. After Customer has expressed their intention to exercise the right of withdrawal, Customer must return the product within 14 days. Customer must provide proof that the product was returned on time, for example by providing a proof of shipment.
  5. If Customer has not expressed their intent to exercise the right of withdrawal within the periods specified in this clause, or has not returned the product to Mogera, the purchase is final.

 

Clause 6. Costs in the event of withdrawal

  1. If Customer exercises their right of withdrawal, the costs of return shipping are borne by Customer.
  2. If Customer has already made a payment, Mogera will refund the amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this refund is that the product has already been received by the retailer or conclusive proof of its complete return has been provided. The refund will be made using the same payment method used by Customer unless Customer explicitly agrees to an alternative payment method.
  3. If the product is damaged due to careless handling by Customer, Customer is liable for any depreciation in value.
  4. Customer cannot be held liable for any depreciation in value of the product if Mogera did not provide all legally required information regarding the right of withdrawal, which must be done before the purchase agreement is concluded.

 

Clause 7. Price

  1. During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, Mogera may offer products with prices tied to fluctuations in the financial market, over which Mogera has no influence, at variable prices. This dependence on fluctuations and the fact that any listed prices are indicative will be stated in the offer.
  3. Price increases within three months after the conclusion of the agreement are only permitted if they result from legal regulations or stipulations and if Mogera has stipulated this and:
    1. These result from legal regulations or stipulations; or
    2. Customer has the authority to terminate the agreement as of the day on which the price increase takes effect.
    3. The prices quoted in the product offer are inclusive of VAT.
    4. All prices are subject to printing and typesetting errors. Mogera accepts no liability for the consequences of printing and typesetting errors. In the case of such errors, Mogera is not obligated to deliver the product at the incorrect price.

 

Clause 8. Warranty

  1. All ceramic items will be securely packaged to minimize the risk of damage during transit. Mogera uses protective materials such as bubble wrap and sturdy boxes to ensure that your ceramics arrive in excellent condition.
  2. Mogera guarantees that the products conform to the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable at the date of the conclusion of the agreement. If agreed upon, Mogera guarantees that the product is suitable for purposes other than normal use.
  3. Any warranty provided by Mogera, the manufacturer, or importer does not affect the statutory rights and claims that Customer may assert against Mogera based on the agreement.
  4. Any defects or incorrectly delivered products must be reported to Mogera in writing within two months of discovering the defect.
  5. The warranty period of Mogera corresponds with the manufacturer’s warranty period. However, Mogera is never responsible for the final suitability of the products for any individual application by Customer, nor for any advice regarding the use or application of the products.
  6. The warranty does not apply if:
    1. Customer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    2. The delivered products have been exposed to abnormal conditions or have been treated carelessly, or if they have been treated contrary to Mogera' instructions and/or the treatment indicated on the packaging;
    3. The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

 

Clause 9. Shipping, delivery and execution

  1. Mogera is pleased to offer international shipping for her ceramic items. Please note that shipping times may vary based on the destination country.
  2. Orders shipped outside of the Netherlands may be subject to customs duties, taxes, or fees imposed by the destination country. These charges are the responsibility of Customer and are not always included in the purchase price or shipping costs. Mogera recommends checking with the local customs office for more information on potential charges.
  3. Estimated delivery times will be provided at the time of purchase. Please note that delivery times may vary based on the shipping method selected and any potential delays caused by customs or other factors beyond our control. Mogera will exercise the utmost care in receiving and executing orders for products.
  4. The place of delivery is the address that Customer has communicated to the company.
  5. Subject to the provisions mentioned in this Clause, the company will execute accepted orders with due haste, but no later than 30 days, unless Customer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled partially, Customer will be informed of this no later than 30 days after placing the order. In such a case, Customer has the right to dissolve the agreement without any costs. Customer has no right to compensation.
  6. All delivery times are indicative. Customer cannot derive any rights from any stated periods. Exceeding a period does not entitle Customer to compensation.
  7. In the event of dissolution in accordance with this Clause, Mogera will refund the amount paid by Customer as soon as possible, but no later than 14 days after dissolution.
  8. If the delivery of an ordered product proves impossible, Mogera will endeavor to make a substitute item available. No later than upon delivery, it will be clearly and understandably stated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by Mogera.
  9. The risk of damage and/or loss of products rests with Mogera until the moment of delivery to Customer or a representative previously designated and made known to Mogera, unless expressly agreed otherwise.

 

Clause 10. Payment

  1. Unless otherwise agreed, the amounts owed by Customer must be paid within seven working days after the start of the reflection period as referred to in Clause 6. In the case of an agreement to provide a service, this period starts once Customer has received confirmation of the agreement.
  2. Customer is obligated to promptly report any inaccuracies in the provided or stated payment details to Mogera.
  3. In the event of default by Customer, Mogera reserves the right, subject to legal limitations, to charge the reasonable costs that were previously communicated to Customer.

 

Clause 11. Complaints procedure

  1. Complaints regarding the execution of the agreement must be submitted to Mogera in full and clearly described within two months after Customer has identified the defects.
  2. Complaints submitted to Mogera will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Mogera will respond within the 14-day period with an acknowledgment of receipt and an indication of when Customer can expect a more detailed response.
  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  4. A complaint does not suspend the obligations of Mogera, unless Mogera states otherwise in writing.
  5. If a complaint is deemed valid by Mogera, it will, at its discretion, either replace or repair the delivered products free of charge.

 

Clause 12. Disputes

  1. Dutch law exclusively applies to agreements between Mogera and Customer to which these terms relate, even if Customer resides abroad.
  2. The Vienna Sales Convention does not apply.