General Terms & Conditions - Myboeken.nl
Article 1 – Trader details
Myboeken B.V., trading as Myboeken.nl, hereinafter referred to as “the trader”.
Business and returns address: Effect 4, 6921 RV Duiven, the Netherlands
Website: https://myboeken.nl
Email: [email protected]
Telephone: +31 (0)26 207 46 46
Telephone hours: Monday to Friday, 10:00–16:00 Netherlands local time
Dutch Chamber of Commerce number: 72043482
VAT identification number: NL858960722B01
Article 2 – Applicability
These general terms and conditions apply to all offers and distance contracts between the trader and the consumer. A consumer is a natural person acting for purposes outside their trade, business or profession.
Before the contract is concluded, these general terms and conditions are made available electronically in a format that the consumer can read and save.
The version of these general terms and conditions made available when the contract is concluded applies to that contract. Subsequent amendments do not apply to contracts already concluded.
Article 3 – The offer
The offer contains a clear description of the main characteristics of the product. For books, these include the title, language, format and ISBN. If a product is second-hand, this is stated together with a description of its condition.
Product images are also supplied by publishers and external data providers and may therefore contain inaccuracies. Book covers may vary between printings. The stated product characteristics, including the ISBN, language and format, identify the product offered. This provision does not affect the consumer’s statutory rights if the product delivered does not conform to the contract.
Obvious errors or mistakes in the offer do not bind the trader where the consumer should reasonably have understood that an error or mistake had been made.
If an offer is valid for a limited period or is subject to specific conditions, this is stated in the offer.
Article 4 – The contract
The contract is concluded when the consumer completes the order using the order button confirming the obligation to pay, unless the offer expressly states otherwise.
The trader confirms receipt of the order by email without undue delay. Until receipt has been confirmed, the consumer may cancel the contract.
The consumer is responsible for providing the correct information needed to process the order and must inform the trader of any inaccuracies as soon as possible.
The trader provides the order details, these general terms and conditions and information on the right of withdrawal, including the model withdrawal form, by email or on another durable medium no later than delivery.
Article 5 – Right of withdrawal
The consumer may withdraw from the contract without giving any reason within thirty days.
The withdrawal period starts on the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product. If products from one order are delivered separately, the withdrawal period starts on the day after receipt of the last product. The consumer may also exercise the right of withdrawal before delivery.
The consumer must notify the trader of the decision to withdraw within the withdrawal period. This may be done by email to [email protected], through the online withdrawal function on the website’s returns page, using the model withdrawal form, or by any other unequivocal statement. Use of the model withdrawal form is not compulsory.
To meet the withdrawal deadline, it is sufficient for the consumer to send the withdrawal statement before the withdrawal period expires. The consumer is advised to retain proof of this notification. For electronic withdrawals, the trader acknowledges receipt without undue delay on a durable medium, such as email. For withdrawals submitted through the online withdrawal function, the acknowledgement includes the content of the withdrawal and the date and time of submission.
Article 6 – Returns and diminished value
The consumer must return the product to Myboeken B.V., Effect 4, 6921 RV Duiven, the Netherlands, no later than fourteen days after notifying the trader of the withdrawal. The deadline is met if the product is dispatched before that period expires. This return obligation does not apply if the trader has offered to collect the product.
The consumer bears the direct costs of returning the product, provided that the trader clearly informed the consumer of this before the contract was concluded. This does not apply to necessary return costs relating to a justified complaint about a defective or incorrectly delivered product.
During the withdrawal period, the consumer must handle the product and its packaging with care. The product may be unpacked and handled only to the extent necessary to establish its nature, characteristics and functioning, as would be permitted in a shop.
The consumer is liable for any diminished value resulting from handling beyond what is described in Article 6.3, provided that the trader supplied the legally required information on the right of withdrawal in advance. For books, this may include annotations, stains, creases or damage caused by such handling.
The product must be returned with all supplied parts and accessories and, where reasonably possible, in its original packaging. The consumer must package the product adequately and is advised to retain proof of dispatch.
Article 7 – Reimbursement following withdrawal
The trader reimburses the payments received for the products to which the withdrawal relates without undue delay and no later than fourteen days after receiving the withdrawal notification.
The trader may withhold reimbursement until the products have been received back or the consumer has supplied evidence of having sent them back, whichever occurs first. This does not apply if the trader has offered to collect the products.
If the consumer withdraws from the entire order, any standard delivery charges paid are also reimbursed. Additional costs for a more expensive delivery method are not reimbursed. If only part of an order is returned, the original delivery charges are not reimbursed.
Reimbursement is made using the same payment method used by the consumer, unless the consumer expressly agrees to another method. No fees are charged for the reimbursement.
The trader may deduct any diminished value established and substantiated in accordance with Article 6 from the amount to be reimbursed. The consumer is informed of this deduction.
Article 8 – Statutory guarantee
The trader supplies products that conform to the contract. The consumer is entitled to the statutory guarantee of conformity. When assessing a product, account is taken of factors including its description and whether it is new or second-hand.
If a product does not conform to the contract, the consumer may contact the trader at [email protected]. In accordance with the applicable statutory rules, the trader offers repair or replacement free of charge or, where the statutory conditions are met, a price reduction or reimbursement following termination of the contract.
Article 9 – Delivery
The trader delivers the products to the delivery address provided by the consumer. The expected delivery time is stated in the offer and is based on the stock and delivery information available at that time.
Simultaneous orders, changes in availability or supplier delays may mean that a longer delivery time becomes necessary after an order has been placed. The trader informs the consumer as soon as possible and, if known, provides the revised expected delivery time. The consumer may agree to the longer delivery time or cancel the order for the undelivered product free of charge. Payments already made for the cancelled part are reimbursed without undue delay. The consumer’s statutory rights in the event of late delivery remain unaffected.
The trader may deliver an order in separate shipments. No additional delivery charges are made for this.
The risk of loss or damage remains with the trader until the product has been received by the consumer or a third party designated by the consumer other than the carrier. If the consumer engages a carrier that was not offered by the trader, the risk passes to the consumer when the product is handed over to that carrier.
Article 10 – Prices and payment
The prices shown include VAT. Any delivery charges and other additional costs are clearly stated before the order is placed.
The consumer pays using one of the payment methods offered during checkout. In addition to full payment in advance, an option to pay after delivery is offered. The applicable payment period and any conditions are stated before the order is placed.
The consumer must inform the trader of any inaccuracies in payment details supplied or stated as soon as possible.
Article 11 – Complaints and applicable law
Complaints about the performance of the contract may be submitted to [email protected], together with a clear description of the complaint.
The trader responds to complaints within fourteen days of receipt. If handling a complaint requires more time, the consumer receives an acknowledgement within that period, together with an indication of when a response can be expected.
The contract is governed by Dutch law. This choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence, insofar as those provisions would apply in the absence of this choice of law.
Modelformulier voor herroeping
Complete and return this form only if you wish to withdraw from the contract. Use of this form is not compulsory.
To:
Myboeken B.V.
Effect 4, 6921 RV Duiven, the Netherlands
E-mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
ISBN: ................................................................................... Qty:……………………
ISBN: ................................................................................... Qty:……………………
ISBN: ................................................................................... Qty:……………………
Ordered on / received on: ………………....................................................................
Name of customer: ..............................................................................................
Customer’s address: ............................................................................................
Order number: .....................................................................................................
Date: ...................................................................................................................
Signature of customer ..........................................................................................
(only required if this form is filled out on paper)
(*) Delete what is not applicable
