The Whitening Kit | Teeth Whitening Set

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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Continuous Performance: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions
In these Terms and Conditions, the following terms have the following meanings:

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Calendar day: day of the calendar;
4. Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over a certain period;
5. Durable medium: any means that allows the consumer or entrepreneur to store information directed to them personally in a way that allows for future reference and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to withdraw from a distance contract within the cooling-off period;
7. Model withdrawal form: the withdrawal form provided by the entrepreneur that the consumer can fill out if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services until the conclusion of the contract is exclusively or partially made by means of one or more techniques for remote communication;
10. Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
11. General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur
Moutment B.V
P.O. Box 333 5400AH UDEN
Email: service@mouthment.com
Chamber of Commerce number: 88190250;
VAT number: NL004553075B48

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's place of business and will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent to the consumer electronically or in some other way free of charge upon request.
4. If in addition to these general terms and conditions, specific product or service conditions apply, the provisions of paragraphs 2 and 3 will also apply, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions of these general terms and conditions are void or are declared void, the remaining provisions of the contract and these general terms and conditions will remain in full force, and the relevant provision will be replaced by mutual agreement with a provision that comes as close as possible to the original provision.
6. Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
7. Any uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

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 is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products 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 and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
5. Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains information such that the consumer is aware of the rights and obligations associated with accepting the offer. This includes, in particular:
- the price including taxes;
- any shipping costs;
- how the contract will be concluded and the actions required for that purpose;
- whether the right of withdrawal applies;
- the type of payment, delivery, and execution of the contract;
- the period for accepting the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for remote communication, if the costs of using remote communication technology are calculated on a basis other than the regular base rate for the communication means used;
- whether the contract will be archived after it is concluded and, if so, how it can be accessed by the consumer;
- how the consumer can check and, if necessary, correct the data provided by them before concluding the contract;
- any language other than Dutch in which the contract can be concluded;
- the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
- Optional: available sizes, colors, material types.

Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
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 entrepreneur has not confirmed the receipt of this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within the limits of the law, the entrepreneur can inform themselves, within the statutory framework, whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to

enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur provides the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the details of warranties and existing after-sales service;
d. the data included in Article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provisions in the previous paragraph only apply to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
For the supply of products:
1. In the purchase of products, the consumer has the option to withdraw from the agreement without stating reasons within 14 days. This withdrawal period starts on the day after the consumer or a representative designated in advance by the consumer and the entrepreneur receives the product.
2. During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain it. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and, as far as reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the goods. The consumer must do this by using the model withdrawal form. After the consumer has indicated they want to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing a shipping receipt.
4. If the consumer has not indicated they want to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

For the provision of services:
5. When providing services, the consumer has the option to withdraw from the agreement without stating reasons for at least 14 days from the day the agreement is concluded.
6. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, they shall bear no costs other than the costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible but no later than 14 days after the withdrawal. The condition is that the goods have already been received by the retailer or that the return can be irrefutably proven. The refund will be made using the same payment method the consumer used, unless the consumer explicitly agrees to another payment method.
3. If the product is damaged due to careless use by the consumer, the consumer is liable for the depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase contract; this must be done before the purchase contract is concluded.

Article 8 - Exclusion of the Right of Withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. produced by the entrepreneur according to the consumer's specifications;
b. that are clearly of a personal nature;
c. which cannot be returned due to their nature;
d. which can quickly deteriorate or become obsolete;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
b. for which delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 9 - The Price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may 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 binding to fluctuations and the fact that the mentioned prices are target prices must 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 result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
5. The prices stated in the product or service offer include VAT.
6. All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the case of a typographical error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing 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. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- the consumer has repaired or altered the delivered products themselves or has had them repaired or altered by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the deficiency is wholly or partly the result of regulations prescribed or will be prescribed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution
1. The entrepreneur shall exercise the utmost care when receiving and carrying out orders for products and when assessing requests for the provision of services.
2. The consumer's provided address shall be considered the place of delivery.
3. Subject to what is specified in section 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed, or only partially, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without incurring any costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the specified delivery dates. Exceeding a deadline does not entitle the consumer to any compensation.
5. In case of dissolution in accordance with section 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to find replacement items. The delivery of a substitute item shall be communicated clearly and comprehensibly at the latest upon delivery. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Transactions with Extended Durations: Duration, Termination, and Renewal
Termination
1. The consumer may terminate an agreement of indefinite duration and that pertains to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement of definite duration, pertaining to the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, following the applicable termination rules and a notice period of at most one month.
3. Agreements as referred to in the preceding paragraphs may be terminated:
- at any time and will not be restricted to termination at a specific time or during a certain period;
- be terminated in the same manner they were entered into by the consumer;
- always be terminated with the same notice period as the entrepreneur has stipulated for himself.
Renewal
4. An agreement of definite duration, pertaining to the regular delivery of products (including electricity) or services, may not be silently extended or renewed.
4. Notwithstanding the previous section, an agreement of definite duration, pertaining to the regular delivery of daily, news, and weekly newspapers or magazines, may be silently extended by up to three months if the consumer can terminate this extended agreement before the end of the extension period with a notice period of no more than one month.
5. An agreement of definite duration pertaining to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer always has a termination right without a notice period of more than one month and a notice period of at most three months if the consumer orders once a month or less.
6. An agreement of definite duration for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) may not be silently continued and will end automatically at the end of the trial or introductory period.
Duration
7. 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins, as referred to in Article 6, section 1. For services, this period starts after the consumer receives the confirmation of the contract.
2. The consumer is obliged to report inaccuracies in payment details provided or stated without delay to the entrepreneur.
3. In case of consumer default, and subject to statutory restrictions, the entrepreneur is entitled to charge the consumer all reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in full and with clear descriptions within 7 days after the consumer has noted the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement.
5. In the event of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check at https://www.webwinkelkeur.nl/leden/ whether this webshop has a current membership. If no solution is found, the consumer has the option to submit the dispute to the independent dispute committee established by Stichting WebwinkelKeur, whose judgment is binding, and both the entrepreneur and the consumer agree to this binding judgment. Submitting a dispute to this dispute committee is a cost that consumers must pay to the committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint of the entrepreneur is found to be justified, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium.

Article 16 - Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 17 - Intellectual Property; Limited User License
By complying with these Terms of Use, the applicable license agreement with Mouthment, and the law, you may access and use the Site. Mouthment remains the sole owner of all rights, claims, and interests in the Site and reserves all rights not expressly granted under these Terms of Use.

All content on this site, including but not limited to images, visual materials, music, and related metadata (collectively, the "Mouthment Content"), is protected by copyright, trademarks, patents, trade secrets, and other intellectual property laws and treaties. Unauthorized use of Mouthment Content is in violation of such laws and these Terms of Use. Unless expressly stated in this document or in a separate license agreement between you and Mouthment, Mouthment does not grant explicit or implied permission to use the Site or Mouthment Content. You agree not to copy, republish, frame, link, download, transmit, modify, create, or to rent, lease, lend, sell, assign, distribute, display, perform, license, sublicense or subject to reverse engineering the Site or Mouthment Content.

Moreover, you agree not to use data mining, robots, or similar data and/or image collection and extraction methods regarding the Site or Mouthment Content. Unless you enter into a license agreement with Mouthment, you are not allowed to download, distribute, display, and/or copy Mouthment Content.

You may not remove watermarks or copyright notices from Mouthment Content.

The Whitening Kit | Teeth Whitening Set | Mouthment