Article 1 Definitions
1. In these conditions, the following terms are defined as stated below:
Milu Blu: the retailer operating under the name Milu Blu located in the Netherlands, Eindhoven at the Freddy van Riemsdijkweg 4, registered at the Dutch Chamber of commerce under registration number 81453183;
Consumer: the natural person entering into an agreement with Milu Blu to buy a product or products, not acting for purposes connected with their trading, business, craft, or professional activities;
Cooling off period: the period within which the Consumer can make use of their Right of withdrawal;
Right of withdrawal: the possibility for the consumer to cancel the Distance contract within the Cooling off period;
Distance contract: a contract that is entered into between Milu Blu and the Consumer in the context of an organised system for sales at a distance of products whereby, until the contract is entered into, exclusive or partial use is made of one or more Techniques to communicate at a distance;
Model withdrawal form: the European model withdrawal form included with the purchased products and to be downloaded from Milu Blu’s website;
Technique to communicate at a distance: resource that can be used for entering into a contract without the Consumer and Milu Blu having to come together at the same time in the same space.
2. Terms defined in the previous paragraph are written with a capital first letter.
Article 2 Applicability
1. These terms and conditions are applicable to every offer of Milu Blu and every Distance contract between Milu Blu and the Consumer.
2. These terms and conditions also apply to services and (follow-up) agreements arising from the agreement.
3. Deviations from these terms and conditions are only valid if they have been expressly agreed upon in writing.
4. The text of these terms and conditions will be made available to the Consumer before the Distance contract is entered into. If this is not reasonably possible, Milu Blu will state, before the Distance contract is entered into, the manner in which the terms and conditions can be consulted at Milu Blu and that they can be sent as soon as possible, free of charge, at the Consumer’s request.
5. If the Distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the Distance contract is entered into, the text of these terms and conditions can be made available to the Consumer by electronic means in such a way that it can be stored by the Consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the Distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the Consumer’s request.
6. In the event that, in addition to these terms and conditions, specific product conditions also apply, the first and second paragraphs apply mutatis mutandis, and in the event of conflicting conditions the Consumer can always invoke the applicable condition that is most favourable to them.
Article 3 The offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. In the event of a non-binding offer, an agreement is concluded by acceptance of such an offer by the Consumer and by acceptance thereof by Milu Blu. Acceptance is free of form and may be apparent from, among other things, the fact that Milu Blu has started the execution of the agreement.
Article 4 Right of withdrawal
1. The Consumer can terminate a contract in connection with the purchase of a product during a Cooling off period of a minimum of 14 days without stating reasons. Milu Blu may ask the Consumer about the reason for withdrawal, but not oblige the Consumer to state their reason(s).
2. The Cooling off period stated in paragraph 1 commences on the day after the Consumer has received the product.
3. If Milu Blu has not provided the legally required information on the Right of withdrawal or the Model withdrawal form, the Cooling off period expires twelve months after the end of the original Cooling off period established in accordance with the foregoing paragraphs of this article.
4. If Milu Blu has provided the Consumer with the information referred to in the foregoing paragraph of this article within twelve months of the commencement date of the original Cooling off period, the Cooling off period expires 14 days after the day on which the Consumer has received this information.
Article 5 Obligations of the consumer during the Cooling off period
1. During the Cooling off period, the Consumer will handle the product and the packaging with care. 2. The Consumer will only unpack or use the product to the extent that is necessary to establish the nature, the characteristics and the operation of the product. The basic principle in this is that the Consumer may only utilize and inspect the product as they would be allowed to do in a store.
3. The Consumer is liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
4. The Consumer is not liable for depreciation of the product if Milu Blu has not provided the Consumer with all legally required information on the Right of withdrawal before or at the time of the contract being entered into.
Article 6 Exercise of the Right of withdrawal by the Consumer, and costs thereof
1. If the Consumer makes use of their Right of withdrawal, they will notify Milu Blu of this within the Cooling off period by means of the Model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) Milu Blu. This is not necessary if Milu Blu has offered to collect the product herself. The Consumer is deemed to have adhered to the Cooling off period if he returns the product before the Cooling off period has expired.
3. The Consumer will return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by Milu Blu.
4. The risk and the burden of proof for the correct and timely exercise of the Right of withdrawal lie with the Consumer.
5. The Consumer will bear the direct costs of the return of the product.
6. If the Consumer exercises his Right of withdrawal, all additional agreements will be dissolved.
Article 7 Obligations of Milu Blu in the event of withdrawal
1. If Milu Blu enables the notification of withdrawal by the Consumer by electronic means, she will send a confirmation of receipt without delay after receipt of this notification.
2. Milu Blu will reimburse all payments made by the Consumer, including any delivery costs charged by Milu Blu for the returned product, without delay but in any event within 14 days following the day on which the Consumer notifies her of the withdrawal. Unless Milu Blu offers to collect the product herself, she may delay the repayment until she has received the product or until the Consumer shows that he has returned the product, according to what time is earlier.
3. Milu Blu will use the same payment method for repayment that the Consumer has used, unless the Consumer agrees to another method. The repayment is free of charge for the Consumer.
4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Milu Blu does not have to repay the additional costs of the more expensive method.
Article 8 Exclusion of the Right of withdrawal
1. Milu Blu can exclude the following products from the Right of withdrawal, but only if Milu Blu has clearly stated this with the offer, or in a timely manner before the contract is entered into:
– Products whose price is linked to fluctuations on the financial market upon which Milu Blu has no influence and that can arise within the withdrawal period.
– Products manufactured according to specifications of the Consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person;
– Products that quickly perish or have a limited storage life;
– Sealed products that for reasons of health protection or hygiene are not suitable to be returned and the seal of which is broken after delivery;
– Products that after delivery, by their nature, are irreversibly mixed with other products.
Article 9 The price
1. The agreement is governed by the prices, terms and conditions of Milu Blu. Only deviations laid down in writing are binding.
2. The amount that the Consumer must pay is determined when the agreement is concluded, of which these terms and conditions form a part. Information about the prices and fees owed and the amount thereof will also be published on Milu Blu’s website. Rates with regard to fees concerning VAT, shipping costs etcetera, are determined at the time the underlying order is awarded.
3. All prices and amounts stated by Milu Blu are inclusive of VAT, unless explicitly stated otherwise.
Article 10 Delivery and implementation
1. Milu Blu will observe the greatest possible care in the reception and implementation of orders for products.
2. The address stated by the Consumer to Milu Blu is deemed the place of delivery.
3. In compliance with that which is stated in these terms and conditions, Milu Blu will carry out accepted orders with appropriate rapidity, but in any event within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot be or can only be partially carried out, the Consumer will be informed of this no later than 30 days after they had placed the order. In that case the Consumer is entitled to terminate the contract free of charge.
4. After termination in accordance with the foregoing paragraph Milu Blu will refund the amount that the consumer has paid, without delay.
5. The risk of damage to and/or loss of products rests with Milu Blu until the time of delivery to the Consumer, unless expressly agreed otherwise.
Article 11 Payment
1. Fees due must be paid in advance, without any discount or set-off, unless expressly agreed otherwise in writing between the parties.
2. Unless another method of invoicing has been agreed upon, Milu Blu will invoice the Consumer for amounts owed by means of a digital invoice.
3. If the Consumer does not meet its payment obligations, the Consumer is legally in default. Milu Blu will remind the Consumer of his payment obligation and grant him a reasonable term in accordance with legislation, before collection costs are charged. If the Consumer does not comply with this Milu Blue will charge collection costs and – in case of judicial collection – demand reimbursement of all judicial costs to be incurred by Milu Blu in connection with the default.
4. Milu Blu is authorized to suspend the delivery of goods until the Consumer has fulfilled his payment obligations, including any interest and costs owed thereon, as well as its obligation to compensate damage to Milu Blu in the context of the legal relationship concerned, or has provided security such as an irrevocable bank guarantee.
Article 12 Intellectual property
1. The execution of an agreement by Milu Blu does not entail the transfer of intellectual property rights that rest with Milu Blu or third parties. All intellectual property rights that arise during or result from the execution of an agreement belong to Milu Blu, unless explicitly agreed otherwise in writing.
2. The Consumer is expressly prohibited from multiplying, publishing or exploiting products in which Milu Blu’s intellectual property rights, or products to which intellectual property rights rest with regard to the use of which Milu Blu has acquired usage rights.
3. Any use and any reproduction of a product or work that falls outside the scope of the relevant agreement, is considered a violation of intellectual property rights. The Consumer will pay an immediately due and payable fine of EUR 5.000 per infringing act and EUR 100 per day that it continues, to Milu Blu, without prejudice to Milu Blu’s right to receive compensation for damage caused by the infringement or to take other legal action to terminate the infringement.
Article 13 (Personal) data
1. The Consumer is obliged to make available all the information that Milu Blu considers necessary for the correct execution of the agreement. Milu Blu determines what should be understood with regards to the desired form and (timely) manner in which the information is to be provided.
2. The Consumer guarantees the correctness, completeness and reliability of the information provided by him, even if they originate from third parties, insofar as the nature of the obligations to be performed by Milu Blu does not dictate otherwise.
3. Milu Blu has the right to suspend the execution of the agreement until the Consumer has fulfilled the obligations referred to in the first and second paragraph.
4. The Consumer must inform Milu Blu of any changes to the data provided by him to Milu Blu, including in particular but not limited to personal data.
5. The Consumer guarantees to Milu Blu that the content, use and/or processing of (personal) data as provided to Milu Blu by the Consumer are not unlawful and do not infringe any right of a third party. 6. The Consumer indemnifies Milu Blu against any legal claim from third parties, for whatever reason, in connection with this data or the execution of the agreement.
8. Subject to an obligation to publish on the basis of any legal provision, (professional) rule, (European) directive and/or other regulation or in the event that Milu Blu for herself and/or for persons associated with or working for Milu Blu is disciplinary -, civil, administrative or criminal proceedings in which this information may be important, Milu Blu is obliged to observe secrecy towards third parties and Milu Blu is not entitled to use the information made available to her by the Consumer for a purpose other than for which it was obtained. This does not stand in the way of confidential peer consultation as well as professional assessment, insofar as Milu Blu deems this necessary in the context of the requirements of good workmanship and/or for the careful execution of the agreement. Milu Blu ensures that confidentiality is also maintained here, in particular also with regard to the expert Third Parties engaged by Milu Blu.
Article 14 Liability and indemnities
1. Milu Blu is not liable for damages suffered by the Consumer that arises because the Consumer has provided Milu Blu with incorrect or incomplete information.
2. Milu Blu is not liable for any consequential or other indirect damage that is the result of Milu Blu not performing, not performing on time or properly.
3. Any liability of Milu Blu for (legal) acts and shortcomings of any nature whatsoever of third parties engaged by Milu Blu is excluded.
4. Milu Blu is only liable towards the Consumer for damage that is the direct result of an attributable shortcoming in the execution of the agreement. This liability is limited to the amount of the fee charged for the execution of the agreement. Under no circumstances will the total compensation for the damage under this paragraph amount to more than € 100,- per attributable shortcoming. A related series of attributable shortcomings counts as one attributable shortcoming.
5. The limitations of liability included in this article do not apply if and insofar as there is intent or willful recklessness on the part of Milu Blu or its executive management, or other cases in which the exclusion or limitation of liability on the basis of a mandatory statutory provision is not is permitted.
6. The Customer is obliged to take damage-limiting measures. Milu Blu has the right to undo or limit the damage by repairing or improving the product provided.
7. The Client indemnifies Milu Blu against claims from third parties due to damage caused by the Consumer’s failure to fulfill his obligations towards Milu Blu.
Article 15 Disputes
1. Contracts between Milu Blu and the consumer to which these terms and conditions apply are exclusively governed by the laws of the Netherlands.