General terms and conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: a natural person who is not acting in the course of a business and who enters into a distance contract with the trader;

Day: calendar day;

Day: calendar day; Continuous contract: a distance contract relating to a series of goods and/or services, where the delivery and/or purchase obligation is spread over time;

Durable medium: any instrument which enables the consumer or the trader to store information which is addressed personally to the consumer and which allows for the subsequent consultation of the information stored by means of a data retrieval process initiated by the consumer.

Right of withdrawal: the consumer's option to withdraw from a distance contract within the withdrawal period;

Trader: the natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: a contract where one or more means of distance communication are used exclusively up to and including the conclusion of the contract, within the framework of a system organized by the trader for the distance sale of goods and/or services;

means of distance communication: any means which, without the simultaneous physical presence of the consumer and the trader, may be used for the conclusion of a contract.

General terms and conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

Company: MWC B.V.

Company address: Aartshertogenstraat 68,
6226XM Maastricht (This is not a return address.)

Chamber of Commerce number: 97710229

VAT registration number: NL868195777B01

Email: info@neckline-se.com

Article 3 - Application

These general terms and conditions apply to all offers made by the trader and to

all distance contracts and orders concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, it must be stated before the distance contract is concluded that the general terms and conditions are available from the trader and that they will be sent free of charge at the consumer's request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be stated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If, in addition to these general terms and conditions, special product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him or her.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are repealed, the agreement and these terms and conditions shall continue to apply and the provision in question shall be replaced immediately by a provision that corresponds as far as possible to the meaning of the original provision.

Situations not covered by these general terms and conditions shall be assessed “in accordance with the spirit” of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in accordance with the spirit” of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.

The offer is non-binding. The trader has the right to change and adapt the offer.

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 trader uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the trader.

All images, specifications, and information in the offer are indicative and cannot form the basis for compensation or termination of the contract.

Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to the following:

the price, excluding customs clearance charges and import VAT. These additional costs will be at the expense and risk of the customer. In connection with the import, the postal and/or courier service will use the special arrangement for postal and courier services. This system applies when the goods are imported into the EU country for which they are intended, which is the case here. The postal and/or courier company will charge the recipient of the goods for the VAT (together with any customs clearance charges);

any shipping costs;

how the contract will be concluded and the steps required for this;

whether or not the right of withdrawal applies

how payment, delivery, and performance of the contract will be made

The time limit for accepting the offer or the period during which the trader guarantees the price, the rates for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the standard rate for the means of communication used;

Whether the contract is archived after it has been concluded and, if so, how the consumer can access it; The manner in which the consumer, before the contract is concluded, can check and, if desired, correct the information provided in connection with the contract;

Any languages other than Norwegian in which the contract may be concluded; any codes of conduct to which the trader has subscribed and the means by which the consumer can consult these codes electronically; and

The minimum duration of the distance contract if it is an ongoing transaction. Optional: available sizes, colors, types of materials.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure online environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may, within the limits of the law, investigate whether the consumer is able to fulfill his payment obligations and investigate all matters relevant to the proper conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to reject an order or request with reasons or to impose special conditions for its execution.

Upon delivery of the goods or services, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an easily accessible manner on a durable medium

The address of the trader's permanent place of business where the consumer can lodge complaints;

The conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;

Information on guarantees and existing after-sales services;

The information included in Article 4.3 of these terms and conditions, unless the trader has already provided this information to the consumer before the contract is concluded;

5. the conditions for terminating the contract if it is a contract with a duration of more than one year or an indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Each contract is concluded on the condition that the products in question are available in sufficient quantities.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day after the consumer or a representative designated by the consumer in advance has received the goods and notified the trader of this.

During the withdrawal period, the consumer shall handle the product and packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the goods with all accessories and, if reasonably possible, in their original condition and packaging to the trader, in accordance with the trader's reasonable and clear instructions.

When the consumer wishes to exercise his right of withdrawal, he is obliged to notify this within 14 days of receiving the product. The consumer shall do this by means of a written notice/email. After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the trader that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.

Article 7 - Costs of exercising the right of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the exercise of the right of withdrawal. This applies on condition that the trader has already received the goods back or that conclusive evidence can be provided that the goods have been returned in full.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has made this clear in the offer, at least in good time before the contract is concluded. Exclusion of the right of withdrawal is only possible for products:

which are manufactured by the trader according to the consumer's specifications; which are clearly personalized in nature;

which, due to their nature, cannot be returned as they are liable to deteriorate or expire rapidly; whose price is dependent on fluctuations in the financial market which are beyond the trader's control; for single issues of newspapers and magazines;

for audio and video recordings and software where the consumer has broken the seal

for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

where the delivery has begun with the consumer's express consent before the withdrawal period has expired; relating to betting and lotteries.

Article 9 - Price

During the period of validity of the offer, the prices of the products and/or services offered may not be increased, except for price changes resulting from changes in VAT rates.

As an exception to the previous paragraph, the trader may offer products or services with variable prices when the prices are linked to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that all prices quoted are indicative prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has approved this and: these are a consequence of provisions in law or other legislation, or

the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.

Delivery shall take place within the meaning of Article 5, first paragraph, of the 1968 Value Added Tax Act in the country where transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance charges from the recipient. The trader will therefore not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the statutory provisions and/or official regulations existing on the day of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.

Any faults or defective products must be reported in writing to the trader within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period provided by the trader corresponds to the manufacturer's warranty period. However, the trader is never responsible for the final suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by a third party;

The delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;

The defect is wholly or partly due to regulations issued or to be issued by authorities regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader shall take the greatest possible care in receiving and executing orders for products.

With due regard to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed of this no later than 30 days after the order was placed. In such cases, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.

In the event of withdrawal in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the withdrawal.

If delivery of an ordered product proves impossible, the trader shall endeavor to provide a replacement product. No later than upon delivery, it shall be clearly and comprehensively stated that a replacement product will be delivered. The right to cancel replacement products cannot be excluded. The costs of any return shall be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and known to the trader, unless otherwise expressly agreed.

Article 12 - Continuous transactions: duration, termination, and renewal

Cancellation

The consumer may cancel a contract concluded for an indefinite period and covering

the regular delivery of goods (including electricity) or services, provided that the agreed cancellation rules are complied with and that the notice period is no longer than one month.

The consumer may terminate a contract concluded for a fixed period and covering the regular supply of products (including electricity) or services at any time at the end of the fixed period, provided that the agreed termination rules are complied with and a notice period of not more than one month is observed.

The consumer may terminate the contracts referred to in the preceding paragraphs:

at any time and not limited to termination at a specific time or during a specific period;

at least in the same manner as they were concluded by him;

always with the same notice period as the trader has reserved for himself.

Renewal

A contract concluded for a fixed period and relating to the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.

As an exception to the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a fixed period of time and relating to the regular delivery of goods or services may only be extended tacitly for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract relates to the regular, but less frequent than monthly, delivery of daily newspapers, news magazines, and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily newspapers, news magazines, and weekly newspapers and magazines as an introductory offer (trial or introductory subscription) shall not be extended by implication and shall automatically terminate after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless there are reasonable and fair grounds for not terminating the contract before the end of the agreed period.

Article 13 - Payment

Unless otherwise agreed, the consumer's debt shall be paid within seven working days after the start of the withdrawal period referred to in Article 6.1. In the case of a contract for the provision of a service, this period shall start after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in the payment details provided or recorded to the trader immediately.

If the consumer fails to fulfill his obligations, the trader is entitled, subject to statutory restrictions, to charge the consumer for reasonable costs of which the consumer has been informed in advance.

Article 14 - Complaints procedure

Complaints about the performance of the contract must be submitted to the trader within 7 days of the consumer discovering the defect, with a complete and clear description of the defect.

Complaints submitted to the trader must be answered within 14 days of receipt. If a complaint requires a predictably longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.

If the trader finds a complaint to be justified, the trader shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.