1. Applicability of General Terms and Conditions
- These general terms and conditions apply to every offer made by morgenisnu.nl and to every distance contract concluded between morgenisnu.nl and the consumer.
- Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer.
- Deviations from these general terms and conditions are only valid if they have been explicitly agreed upon in writing with morgenisnu.nl.
- All rights, obligations, offers, orders and agreements to which these general terms and conditions apply, as well as these general terms and conditions, are exclusively governed by Dutch law.
2. The offer
- If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
- 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 properly assess the offer. If morgenisnu.nl uses images, these are a true representation of the offered products, services and/or digital content.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
3. The Agreement
- The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
- If the agreement is made electronically, morgenisnu.nl will take appropriate technical and organisational measures to protect the electronic transfer of data and tomorrowisnu.nl will provide a secure web environment. If the consumer pays electronically, morgenisnu.nl will take appropriate security measures.
- Morgenisnu.nl can - within legal frameworks - inform the consumer about his payment obligations and all those facts and factors that are important for a sound conclusion of the distance contract. If tomorrowisnu.nl has good reason not to enter into the agreement based on its research, tomorrowisnu.nl is entitled to refuse an order or request or to attach special conditions to the execution.
- Morgenisnu.nl will provide the consumer with the following information in writing or in such a way that the consumer can store or view it in an accessible manner, at the latest upon delivery of the product, service or digital content:
- the visiting address of the office of morgenisnu.nl where the consumer can go for complaints;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- if the consumer has a right of withdrawal, the model form for withdrawal.
4. Right of withdrawal
- The consumer can dissolve an agreement related to the purchase of a product during a cooling-off period of 14 days without giving reasons. Morgenisnu.nl is allowed to ask the consumer for the reason of withdrawal, but cannot oblige the consumer to give his/her reason(s).
- The aforementioned cooling-off period (14 days) commences on the day after the consumer, or a third party designated by the consumer in advance and not being the carrier, has received the product.
- If the delivery of a product consists of several shipments or parts, the cooling-off period (14 days) starts on the day the consumer or a third party designated by him has received the last shipment or the last part.
5. Withdrawal period of the consumer
- During the cooling-off period, the consumer will treat the product and its 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is liable for any decrease in value of the product resulting from a manner of handling the product that goes beyond what is permitted in the previous paragraph.
6. Exercise of the right of withdrawal
- If the consumer uses his right of withdrawal, he will report this to morgenisnu.nl in writing, digitally or by phone within the cooling-off period.
- As soon as possible, but within 14 days from the day following the notification referred to in the previous paragraph, the consumer will return the product or hand it over to someone at morgenisnu.nl.
- The Consumer shall return the product with all delivered accessories, reasonably in original condition and packaging.
- The consumer shall bear the direct costs of returning the product.
7. Obligations of morgenisnu.nl in case of revocation
- Morgenisnu.nl will refund all payments made by the consumer, without delay but within 14 days following the day the consumer reports the withdrawal. Morgenisnu.nl may wait with refunding until the product is received.
- The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
8. Exclusion of the right of withdrawal
Morgenisnu.nl can exclude the following products and services from the right of withdrawal:
- Products made to the consumer's specifications (custom-made products), which are not prefabricated and are manufactured on the basis of an individual choice or decision made by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products, which for reasons of health or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Cosmetic products, which for reasons of hygiene, after our inspection have been (obviously) used and/or are no longer sealed;
- Services that have already taken place, such as lectures or seminars.
9. Prices
- The prices stated in the offer of products or services are in euros, inclusive of VAT and exclusive of shipping costs.
- Morgenisnu.nl has the right to change the prices of the products and/or services offered as a result of fluctuations in the financial market, change in VAT rate or any other reason for price changes.
10. Fulfilment of contract and additional warranty
- Morgenisnu.nl guarantees that the products and/or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or serviceability and the existing statutory provisions and/or government regulations on the date the agreement was concluded.
- By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.
11. Delivery and performance
- Morgenisnu.nl will take the greatest possible care when receiving and processing product orders.
- The place of delivery is the address that the consumer has given to morgenisnu.nl. If this address turns out not to be correct, the consumer is responsible for the costs of resending the package.
- For shipping, morgenisnu.nl charges postage for orders below 45 euro. Above 45 euro, there will be no postal charges within the Netherlands and Belgium. Outside the Netherlands and Belgium, depending on the length, different postage costs are charged. Here you can read more on this page.
- Subject to what is stated in these general terms and conditions, morgenisnu.nl will execute accepted orders with due haste, on working days before 16:00 the same day and otherwise the next working day, but at the latest within 30 days. If delivery is delayed, or if an order cannot or can only partially be delivered, the consumer will be notified within 2 working days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
- Delivery times mentioned on the website are indicative, but are always strived for by morgenisnu.nl. Deliveries are usually made the next day after shipment to the consumer or a designated representative of tomorrowisnu.nl.
- After dissolution in accordance with the previous paragraph, tomorrowisnu.nl will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with morgenisnu.nl until the moment of delivery to the consumer or a designated and announced representative of morgenisnu.nl, unless explicitly agreed otherwise.
- Responsibility and payment of any additional costs when shipping abroad, such as VAT, import duties and clearance charges, rests with the consumer.
12. Payment
- Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer should be paid before delivery of the order.
- Payments for orders at morgenisnu.nl can be made via the following payment methods: iDeal, PayPal, Mister Cash/Bancontact, Credit Card, Klarna Afterpay, Cryptocurrency or Direct Bank Transfer.
- The consumer is obliged to report any inaccuracies in payment data provided or mentioned immediately to morgenisnu.nl.
- After a paid order, you will immediately receive a confirmation e-mail from morgenisnu.nl with an overview of the order and the total costs, including shipping costs.
13. Complaints procedure
- Morgenisnu.nl has a sufficiently publicised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to morgenisnu.nl fully and clearly described within a reasonable time after the consumer has found the defects.
- Complaints submitted to morgenisnu.nl will be responded to within a period of 48 hours, with either a notice of receipt or an answer to the complaint. The complaint will be answered within a period of 14 days, counting from the date of receipt.
- As of 15 February 2016, it is also possible for consumers in the EU to file complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere then you are free to file your complaint via the platform of the European Union.
Morgen is Nu B.V.
Dalton Street 42
3846 BX Harderwijk
Chamber of Commerce: 73941360
VAT: NL859718104B01
Phone number: 0341-422850
E-mail: info@morgenisnu.nl