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General Terms and Conditions

 

Table of Contents

 

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination, and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the General Terms and Conditions

 

Article 1 – Definitions

 

In these conditions, the following definitions apply:

 

  • Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services related to a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur;
  • Reflection period: the period within which the consumer can use his right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity;
  • Day: calendar day;
  • Digital content: data produced and supplied in digital form;
  • Duration contract: a contract that provides for the regular delivery of goods, services, and/or digital content during a certain period;
  • Durable medium: any means – including email – that enables the consumer or entrepreneur to store information directed to him personally in a way that allows future consultation or use during a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
  • Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the contract;
  • Model withdrawal form: the European model withdrawal form included in Annex I of these conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding his order;
  • Means of distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.

 

Business Address:

 

Office & Postal address:
MediaExces Ltd – Bayswater Tower ​Level 18, Office 10 – Al Abraj South Street, Business Bay – Dubai, United Arab Emirates

 

Parcels should be shipped or returned to:
MediaExces Ltd – Bayswater Tower ​Level 18, Office 10 – Al Abraj South Street, Business Bay – Dubai, United Arab Emirates

 

Phone: +1 (213) 566-4848

www.mediaexces.ae – [email protected]

Availability:

From Monday to Friday from 09.00 hours to 17.00 hours

Email address: [email protected]

 

Article 3 – Applicability

 

  1. These general terms and conditions apply to every offer of the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer. 2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
    3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store them easily on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request, either electronically or in another manner.
    4. In cases where specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to him.

 

Article 4 – The offer

 

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 – The agreement

 

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
    3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
    4. The entrepreneur can, within legal frameworks, gather information about the consumer’s ability to fulfill his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
    5. The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, service, or digital content to the consumer:
    a. the visit address of the entrepreneur’s business location where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information on guarantees and existing after-sales service;
    d. the price including all taxes of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the distance contract;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
    6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

 

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige him to state his reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige him to state his reason(s). 4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

 

Article 7 – Obligations of the consumer during the reflection period

 

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
    2. The consumer is only liable for the decrease in value of the product resulting from handling the product in a way that goes beyond what is allowed in paragraph 1. 3. The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

 

  1. If the consumer uses his right of withdrawal, he must report this within the reflection period by means of the model withdrawal form or in another unequivocal manner to the entrepreneur.
    2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he sends back the product before the reflection period has expired.
    3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 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 bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for returning the product. 6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity starts during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance of the obligation. 7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating if:
    a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
    b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
    8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
    a. he has not explicitly agreed to start the performance of the agreement before the end of the reflection period prior to its delivery;
    b. he has not acknowledged to lose his right of withdrawal when giving his consent; or
    c. the entrepreneur has failed to confirm this statement from the consumer.
    9. If the consumer exercises his right of withdrawal, all supplementary agreements are legally terminated.

 

Article 9 – Obligations of the entrepreneur in case of withdrawal

 

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send an acknowledgment of receipt after receiving this notification. 2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
    3. The entrepreneur uses the same means of payment that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer. 4. If the consumer has chosen a more expensive method of
    delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

 

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, at least before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period.
2. Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services; 3. Service agreements, after full performance of the service, but only if:
a. the performance has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 BW and agreements for passenger transport; 5. Service agreements for the provision of accommodation, if a certain date or period of performance is specified in the agreement and other than for residential purposes, goods transportation, car rental services, and catering;
6. Agreements related to leisure activities, if a certain date or period of performance is specified in the agreement; 7. Products made according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life; 9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are, after delivery, by their nature, inseparably mixed with other products; 11. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot influence; 12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
13. Newspapers, periodicals, or magazines, except for subscriptions to them; 14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal.

 

Article 11 – The price

 

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
    2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
    3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    a. they are the result of legal regulations or provisions; or
    b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect. 5. The pricesmentioned in the offer of products or services include VAT.

 

Article 12 – Performance agreement and extra warranty

 

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
    2. An extra warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement. 3. Extra warranty is understood to mean any commitment by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in case he fails to fulfill his part of the agreement.

 

Article 13 – Delivery and execution

 

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent speed but at the latest within 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without any cost and is entitled to any compensation.
    4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid. 5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur unless otherwise expressly agreed.

 

Article 14 – Duration transactions: duration, termination, and renewal

 

Termination:

 

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month. 2. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
    3. The consumer can, in the agreements mentioned in the previous paragraphs:
    a. terminate at any time and not be limited to termination at a specific time or in a given period;
    b. at least terminate in the same way as they have been entered into by him;
    c. always terminate with the same notice period that the entrepreneur has stipulated for himself.

 

Renewal:

 

  1. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
    5. In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
    6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
    7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Duration:

 

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless the reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 – Payment

 

  1. As far as not otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this term commences on the day after the consumer has received the confirmation of the agreement. 2. When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50% in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. 3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. 4. If the consumer does not fulfill his payment obligation(s) on time, he is, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a term of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day term, liable for the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

 

Article 16 – Complaints procedure

 

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed answer.
    4. A complaint about a product, service, or the entrepreneur’s service can also be submitted via an email sent to [email protected]. 5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

 

Article 17 – Disputes

 

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can be submitted to a dispute resolution body by both the consumer and the entrepreneur, with due observance of the provisions below.
    3. A dispute will only be considered by the Dispute Resolution Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time. 4. If the complaint does not lead to a solution, the dispute must be submitted to the Dispute Resolution Committee in writing or in another manner to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur. 5. When the consumer wants to submit a dispute to the Dispute Resolution Committee, the entrepreneur is bound by this choice. Preferably, the consumer notifies the entrepreneur first. 6. If the entrepreneur wants to submit a dispute to the Dispute Resolution Committee, the consumer must state in writing within five weeks after a written request made by the entrepreneur whether he agrees or prefers to have the dispute handled by the competent court. If the entrepreneur does not hear of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court. 7. The Dispute Resolution Committee makes a decision under the conditions as set out in the regulations of the Dispute Resolution Committee. The decisions of the Dispute Resolution Committee are binding advice. 8. The Dispute Resolution Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, is in a state of bankruptcy, or has effectively terminated his business activities before a dispute has been handled by the committee in a hearing and a final decision has been rendered.

 

Article 18 – Additional or deviating provisions

 

Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

Article 20 – Amendment of the General Terms and Conditions

 

Amendments to these conditions are only effective after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the most favorable provision for the consumer will prevail.

 

Last update of General Terms and Conditions: 01 August 2024

 

 

 

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