in these general conditions:
Miracle Moon., also acting under the trade name of miracle-moon.nl, miracle-moon.de, miracle-moon.com, miracle-Moon.eu
Each natural person or legal entity with Miracle Moon in a contractual relationship of any kind also state or to them. Each natural person '
which does not act in the exercise of his or her profession or holding under miracle moon in a contractual relationship of whatever nature is to prevent or state. ' The subject of one or several agreements.
The provider of services on a network for telephony or dates.
These general conditions shall apply to all offers of miracle moon as well as on all contracts entered into with miracle Moon.
In addition to these general conditions may, if clearly indicated, additional conditions apply to certain services and/or products. If, between the additional conditions and these general conditions differences exist, then apply in principle the provisions of the additional conditions over the general conditions, unless otherwise specified.
of one or more provisions in these general conditions could only be made if this is expressly written is agreed. The other provisions of these conditions in that case remain fully in force. General conditions which the buyer must operate shall not apply, unless it explicitly written by miracle moon is agreed.
The Internet sites of miracle moon focus exclusively on the European market.
Miracle Moon reserves the right for the general conditions to amend and/or supplement them.
By the use of the Internet sites of Miracle Moon and/or the placing of an order accepts the purchaser these general conditions as well as all other rights and obligations as they are shown on the internet site.
Miracle Moon is empowered to make use of third parties in the implementation of an agreement with the purchaser.
2. Offers and development agreements
offers or estimates should be regarded as an invitation to the potential buyers to make an offer. Moon miracle was in no way bound them, unless it in writing and unequivocally stated. The acceptance of the invitation to make an offer by the potential buyer is regarded as an offer and only serves to a creation of an agreement as to the other provisions of this Article are fulfilled.
Offers are valid as long as stocks are exhausted.
In the name laid a tender is valid for two (2) weeks, unless a further period of time in the tender is indicated.
An offer of a potential buyer as specified in Article 2. 1 shall be deemed to be done in one of the following conditions:
The potential buyer, the data input at the appropriate input of the Internet site and the relevant dates (" Order ") to miracle moon sent by electronic means. These are received by miracle Moon.
The potential buyer, during his visit to the showroom of Miracle Moon have given on a product and/or a particular service to want to buy or received;
The potential buyer has expressly given by telephone to grant a given product and/or a particular service to want to receive;
A tender is signed by the purchaser and by miracle moon receive if by miracle in the name laid moon a tender is delivered.
An agreement is concluded at the time that an order confirmation to the buyer is handed over or, in the case, the demand through the Internet site is done by e-mail is sent to the purchaser declared E-mail address. This Agreement may be revoked by miracle moon in case the buyer does not satisfy the conditions or in the past has met. In that case, the purchaser's miracle moon within ten (10) days after receipt of the order say.
Buyer and Miracle Moon are specifically agree that by making use of electronic forms of communication a valid agreement is reached, once the conditions in Article 2. 4 and 2. 5 are satisfied. In particular, also the absence of a simple signature does not detract from the same binding force of the offer and acceptance thereof. The electronic files of miracle moon apply here, as far as the law that permits, as a presumption of proof.
Information, pictures, oral communications, declarations etc. with respect to all offers and the main characteristics of the products by telephone or by email which must be supplied as accurately as possible (back) Given or done. However, not miracle moon ensures that all offers and products is entirely with the information given in accordance. Derogations may in principle, does not give rise to damages and/or dissolution.
Miracle Moon is not a party to the Agreement between the buyer and provider. on the agreement between the buyer and provider is the (general) conditions of the provider of application. If copper questions or problems with regard to the implementation of the contract with provider, buyer is to refer the matter to the provider. miracle moon can play a mediator if they so wish.
All prices are expressed in euros, in accordance with the provisions of legislation on this issue, and are including turnover taxes.
Special offers are only valid as long as stocks are exhausted.
The buyer is the price payable which Miracle Moon in her confirmation in accordance with Article 2. 5 of these conditions to its has communicated. Apparent (manipulation-) errors in the quotation, such as obvious errors, may even after the completion of the Agreement by miracle moon be corrected.
Distribution are in principle to the total price included. for delivery outside the Netherlands subject to special tariffs. With regard to certain level, detailed conditions relating to the bezorgmethode and the related costs. This is clearly communicated to the purchaser.
If the prices for the products and services offered increase in the period between the order and its implementation, than the buyer may cancel the order or the "dissolve within ten (10) days after communication of the price increase by miracle Moon.
Bye a order over the Enternet-site can be paid on next method:
Pay at front
Cash by pick up
For orders through the shop (showroom) may be paid the following ways:
For orders through the shop (showroom) can be paid the following ways:
Miracle Moon can extend payments in the future. Other payments will be stated via the Internet site.
From the oder payment methodes, with the exception of advance payment, can only be used as the conditions of such methods-including a check on the creditworthiness and authentication and authorisation of the potential purchaser-are met.
If, for a payment method with a credit card in it will be elected than the conditions of the relevant "apply. miracle moon is not a party in the relationship between buyer and the ".
By not or late payment by the buyer is the buyer on the outstanding amount of interest 1.44% per month, starting from the day on which payment was to find at the latest until the day of overall satisfaction, in which a month starting as a whole month is included.
At the expense of the purchaser will also apply to all (outside) legal costs of whatever nature, which miracle moon, as a result of the failure by the buyer of his (payment) obligations, had to make.
In the event of late payment is miracle moon jurisdiction to review the agreement with immediate effect to dissolve or (further) delivery to be postponed until the moment when the purchaser has complied fully with the commitments, the payment of interest and costs-Included
5. supply and delivery lead times
Orders are issued as soon as possible. In principle seeks miracle moon aim at orders for 21 a.m. on a working day are placed to send the following day. The deadline is 14 days after receipt of the order, with the exception of advance payments which is that the deadline 30 days after receipt of payment. listed as an indication delivery applies only, therefore, could not be acquired rights. miracle moon can detailed information on delivery times indicate on the internet site or otherwise make known. Such information may only an indicative nature.
If a product, which temporarily not for stock, is by the buyer is ordered, will be declared when the product is available again. miracle moon shall endeavour to ensure delays within one working day by telephone or by email to the buyer to report.
supplies are effected on the by the buyer during the establishment of the Agreement specified address. Should payment be made with the help of a credit card should miracle moon the requirements to be observed by such cart publisher as to the place of delivery.
The deal will time may be made known to the purchaser.
To be delivered as soon as the products on the declared deliveradress have been delivered, is the risk, where these products is concerned, to the buyer.
For deliveries abroad conditions, exceptions. If the supply in parts shall be carried out, it has the right miracle moon each supply as a separate transaction to be considered.
The purchaser must the purchased within the agreed time off. In the absence thereof is miracle moon entitled, on the basis of the provisions of Article 6: 60 Civil Code, to require the competent courts miracle moon of the commitment to supply products will break the agreed, in order without prior notice payment of the purchase price of not taken part to be recovered. If the buyer does not meet its commitment complies, is miracle moon entitled the agreement without judicial intervention to declare dissolved.
6. Defects and complaint
The buyer is obliged to inform the products immediately on receipt accurately (do) inspected. Complaints of copper, which relate to defects in the product or supply, which at the latest apparent, must be provided by the purchaser within 7 days after delivery (or within 7 days after invoice date if the products are not to copper (could) are supplied), to be notified moon miracle.
The buyer, not being consumer copper, is not entitled to carry the products, which no substantiated advertising exists, to send back. This shall nevertheless without valid reason, then all costs which are related to return, to be borne by the purchaser. miracle moon is in that case the products for free and at the risk of the purchaser to store under third parties.
7. All, revocation and exchange
The consumer purchaser may, within seven (14) working days after delivery of the product without penalty and without giving reasons are herroepingrecht exercise. Are excluded from this herroepingrecht software or other similar products in which the sealing (Seal) is broken or software for which a binding product registration has been carried out. Only when the product and the packaging in original, complete, undamaged and unused condition, there can be after consultation with miracle moon claim made in herroepingrecht. All included documentation, Warranty statements and packaging materials should be attached to the returns.
In the event of dissolution is the consumer product buyer is received within 7 days after the dissolution of miracle moon to send back in the State in which the consumer product has received the purchaser. The costs for the return of the product are for the account of the consumer buyer.
If the consumer purchaser of the herroepingrecht as stated in the previous paragraph has used, then miracle moon within 10 days care for repayment of the purchaser by the consumer to miracle moon paid through a bank or giro transfers.
Miracle Moon is never liable for any damage-theft or loss including-which in return to the packaging or the product will be created.
The exchange of products which are clearly of a personal nature, such as headphones), is not possible.
The exchange of products containing only at the request of copper by miracle moon for copper are ordered or achieve or netting made in accordance with the specifications of the customer is not possible.
When the purchased product is a contract is linked to a provider, then this paragraph does not relate to this contract. The purchaser must themselves with any complaints about this service, to refer the matter to the provider, provided that miracle moon not in default or incomplete has remained on the information of this contract.
If the product is not in accordance with the conditions have been received than is the purchasing volume not repaid. The product will remain the property of copper which required its property within two weeks to be removed. At the request can the product, also be concerned.
8. Retention of title
Ownership of products, notwithstanding the actual supply, only on the buyer must have, after what he is already under any agreement with miracle moon is payable has fully complied with, including includes payment of interest and costs, also of previous or subsequent deliveries and possible with respect to the products or to be carried out work.
The buyer, the products, before the property is made, not burden, sales, territory, or otherwise dispose objections.
9. Guarantee and liability
In principle applies to products supplied by miracle moon the guarantee, as such by the manufacturer of the relevant article shall be determined. If the case not delivered to the Agreement responds, then it should purchaser within a period of two months after the discovery, miracle to inform Moon. Consumer-buyers are the rights to such as those in book 7, Title 1, sections 1-7 BW are included.
miracle moon is never liable for payment of compensation of any sort with the buyer or others, unless there on your side there is deliberate or serious misconduct. miracle moon does not accept any liability for result-or joint, indirect damage and profit or loss.
As of the moon if miracle reason, therefore, account is only to compensate for damage which compensation will never exceed an amount equal to the invoice value in relation to the product or service which has caused injury.
Without prejudice to the provisions of this Article, there is no question of guarantee in the following cases:
if the wear as can normally be considered;
if there is a change in or on the product are made, including repairs which are not with the consent of miracle Moon or the manufacturer have been carried out;
if the original invoice cannot be produced, has been amended or illegible made; if defects caused by not corresponding to the destination or incorrect use;
if damage is caused by design, gross negligence or negligent maintenance.
The purchaser is taken to safeguard moon miracle of any claim that third parties for the implementation of the agreement against miracle could do moon shall apply, where the law does not object to is the resulting damage and costs for the account of the purchaser.
miracle moon is affiliated to the Dutch thuiswinkel organisation (thuiswinkel. org). This is the guarantor of a good quality and a proper service. Consumer buyers via the Internet site of the service of miracle moon make use of, may call on a special settlement of disputes (see also Article 14).
It is possible that miracle moon on its Internet site include left to other Internet sites that are possible interesting or information for the visitor. Such left are purely informative. miracle moon is not responsible for the contents of the Internet site which reference is made or their use.
On demonstration models can a reduced of guarantee to them.
If the situation in the trace of a breakdown of the product or part of the product, which is ruled out of the guarantee, research costs be made, these costs have always been for the account of the purchaser. This miracle moon will endeavour to make reference to advance. The omission of such reporting does not relieve the purchaser is not the obligation to pay the costs.
When the repair of a defect costs, the purchaser is informed. When the buyer does not expressly written agreement with the cost reporting, it may return received its property against payment of the research costs. When the buyer this research costs (6) months after the provision of the estimates has still not paid, it falls ownership of the product with miracle Moon.
No miracle moon reimburses subscriptions or aktivatiekosten over the period that copper is already connected but still no decision has about a miracle by moon delivered appliance or simkaart.
In geval van overmacht is Miracle Moon niet gehouden haar verplichtingen jegens de Koper na te komen. Miracle Moon is gerechtigd haar verplichtingen op te schorten voor de duur van de overmacht.
Onder overmacht wordt verstaan elke van haar wil onafhankelijke omstandigheid waardoor de nakoming van haar verplichtingen jegens de Koper geheel of gedeeltelijk wordt verhinderd. Tot die omstandigheden behoren onder meer stakingen, brand, bedrijfsstoringen, energiestoringen, storingen in een (telecommunicatie-)netwerk of verbinding of gebruikte communicatiesystemen en/of het op enig moment niet beschikbaar zijn van de internetsite, niet of niet-tijdige levering van toeleveranciers of andere ingeschakelde derden en het ontbreken van enige via overheidswege te verkrijgen vergunning.
11. Intellectuele eigendom
De Koper erkent uitdrukkelijk dat alle rechten van intellectuele eigendom van weergegeven informatie, mededelingen of andere uitingen met betrekking tot de producten en/of de internetsite berusten bij Miracle Moon, haar toeleveranciers of andere rechthebbenden.
Onder intellectuele eigendomsrechten worden verstaan octrooi-, auteurs-, merk-, tekeningen- en modellenrechten en/of andere (intellectuele eigendoms)rechten, waaronder al dan niet octrooieerbare technische en/of commerciële know how, methoden en concepten.
Het is de Koper verboden gebruik te maken van en/of wijzigingen aan te brengen in de intellectuele eigendomsrechten zoals beschreven in dit artikel, als bijvoorbeeld verveelvoudiging zonder uitdrukkelijke voorafgaande schriftelijke toestemming van Miracle Moon, haar toeleveranciers of andere rechthebbenden, tenzij het louter gaat om privé gebruik van het product zelf.
Miracle Moon zal de gegevens van de Koper uitsluitend verwerken in overeenstemming met haar privacy beleid. De internetsite bevat een Privacy Statement.
Miracle Moon neemt daarbij de van toepassing zijnde wet- en regelgeving in acht.
13. Toepasselijk recht en bevoegde rechter
Op alle aanbiedingen en overeenkomsten is uitsluitend Nederlands recht van toepassing.
De toepasselijkheid van het Weens Koopverdrag wordt uitdrukkelijk uitgesloten.
Alle geschillen die verband houden met of voortvloeien uit aanbiedingen van Miracle Moon, of overeenkomsten die met haar gesloten zijn, worden voorgelegd aan de bevoegde rechter te Emmen, tenzij de wet uitdrukkelijk een andere rechter als bevoegd aanwijst.
14. Geschillenregeling en beslechting
In afwijking van artikel 13 kunnen Consument Kopers er voor kiezen om gebruik te maken van het recht een eventueel geschil betreffende aanbiedingen van Miracle Moon of de totstandkoming of uitvoering van een overeenkomst met Miracle Moon, voor te leggen aan de Geschillencommissie Thuiswinkel.org, mits het gaat om een aanbieding of overeenkomst die via de internetsite of telefoonverbinding is gedaan of tot stand gekomen.
Een geschil zoals in het vorige lid omschreven wordt door de Geschillencommissie slechts in behandeling genomen indien de consument zijn klacht binnen maximaal 30 dagen schriftelijk aan Miracle Moon heeft voorgelegd.
Uiterlijk drie (3) maanden nadat de klacht aan Miracle Moon is voorgelegd, dient het geschil schriftelijk bij de Geschillencommissie aanhangig te worden gemaakt.
Wanneer de Consument Koper een geschil wil voorleggen aan de Geschillencommissie, is Miracle Moon aan deze keuze gebonden. Wanneer Miracle Moon dat wil, zal de Consument Koper binnen vijf (5) weken na een daartoe door Miracle Moon schriftelijk gedaan verzoek, zich schriftelijk dienen uit te spreken of hij of zij zulks ook wenst, dan wel het geschil wil laten behandelen door de daartoe bevoegde rechter. Verneemt Miracle Moon de keuze van de consument niet binnen de termijn van vijf (5) weken, dan is zij gerechtigd het geschil voor te leggen aan de bevoegde rechter.
De Geschillencommissie doet uitspraak onder de voorwaarden zoals deze zijn vastgesteld in het reglement van de Geschillencommissie. Haar beslissingen geschieden bij wege van bindend advies.
15. Miscellaneous conditions
Miracle Moon is located at (49770) Herzlake Germany, Schützenstraße 12 and registered in the Chamber of Commerce, (Osnabrück Germany). The VAT identification number is DE261105854. Please accept all correspondence relating to the Agreement or these conditions are to send the Miracle Moon from the above address or to the e-mail address as indicated on the internet site.
The Miracle Moon help-desk (+ 49-5962-8079643) is accessible for information on working days of 8. 00 to 18 hours Miracle Moon aims to increase its received e-mail s within 24 hours to answer.
General conditions miracle moon, 5 July 2008