Legal notice

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

  2. Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with McOmania;

  3. Day: calendar day;

  4. Durable data carrier: any means that enables the consumer or McOmania to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;

  5. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;

  6. Model withdrawal form: the model withdrawal form that McOmania provides to a consumer and which the consumer can fill out if they wish to exercise their right of withdrawal;

  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  8. Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services by McOmania, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

  9. Means of distance communication: a tool that can be used to conclude a contract without the consumer and McOmania being simultaneously in the same space.

Article 2 – Identity of McOmania

Company Name: McOmania
Business address: Primulastraat 52, 5644LL, Eindhoven, The Netherlands
Chamber of Commerce (KvK) number: 73328081
VAT identification number: NL001206775B91
Telephone number: +316 36447841 (available on weekdays between 10:00 and 17:00)
Email address: info@mcomania.com

If the activity of McOmania is subject to a relevant licensing regime:
– the details of the supervisory authority.

If McOmania practices a regulated profession:
– the professional association or organisation to which it is affiliated;
– the professional title, the place in the EU or the European Economic Area where it was granted;
– a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by McOmania and to every distance contract concluded between McOmania and the Consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, McOmania shall indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at McOmania and that they will be sent free of charge to the Consumer as soon as possible upon request.

  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Consumer electronically in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the Consumer, either electronically or in another manner, upon request.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the Consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made under specific conditions, this shall be explicitly stated in the offer.

  2. The offer includes a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to allow the Consumer to make a proper assessment of the offer. If McOmania uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding for McOmania.

  3. Each offer contains information that makes it clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

    • the price including taxes;

    • any delivery costs, if applicable;

    • the manner in which the agreement will be concluded and what actions are necessary for that;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery, or performance of the agreement;

    • the period for accepting the offer, or the period during which the price is guaranteed;

    • the rate for communication at a distance if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used;

    • whether the agreement will be archived after conclusion, and if so, how it can be accessed by the Consumer;

    • the way in which the Consumer, before concluding the agreement, can check and, if desired, correct the information provided under the agreement;

    • any other languages in which the agreement can be concluded;

    • the codes of conduct to which McOmania is subject and the way in which the Consumer can consult these codes of conduct electronically; and

    • the minimum duration of the distance agreement in the case of a continuing transaction.

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 conditions thereby stipulated.

  2. If the Consumer has accepted the offer electronically, McOmania shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by McOmania, the Consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, McOmania shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, McOmania shall observe appropriate security measures.

  4. Within legal limits, McOmania may ascertain whether the Consumer is able to meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If McOmania, on the basis of this investigation, has good reason not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to its execution.

  5. McOmania shall, at the latest upon delivery of the product, service, or digital content, send the following information to the Consumer in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable medium:

    • the visiting address of McOmania’s business location where the Consumer may lodge complaints;

    • the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    • information about guarantees and existing after-sales service;

    • 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 agreement;

    • the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;

    • if the Consumer has a right of withdrawal, the model withdrawal form.

  6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The Consumer may dissolve an agreement related to the purchase of a product during a reflection period of 14 days without giving any reason. McOmania may ask the Consumer about the reason for withdrawal, but cannot require the Consumer to state their reason(s).

  2. The reflection period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated by the Consumer in advance and who is not the carrier, has received the product, or:

    • if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by them, received the last product. McOmania may, provided it has clearly informed the Consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.

    • if the delivery of a product consists of different shipments or parts: the day on which the Consumer, or a third party designated by them, received the last shipment or the last part;

    • for agreements for regular delivery of products over a certain period: the day on which the Consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

  1. The Consumer may dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without giving any reason. McOmania may ask the Consumer about the reason for withdrawal, but cannot require them to state their reason(s).

  2. The reflection period referred to 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:

  1. If McOmania has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires 12 months after the end of the original reflection period as determined in accordance with the previous paragraphs of this article.

  2. If McOmania has provided the Consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period shall end 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 shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the Consumer may handle and inspect the product only as they would be allowed to do in a physical store.

  2. The Consumer is only liable for any depreciation in value of the product that results from handling the product beyond what is permitted in paragraph 1.

  3. The Consumer is not liable for any depreciation in value of the product if McOmania did not provide them with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

  1. If the Consumer exercises their right of withdrawal, they shall notify McOmania of this within the withdrawal period using the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) McOmania. This is not required if McOmania has offered to collect the product themselves. The Consumer has observed the return period if they send the product back before the reflection period has expired.

  3. The Consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by McOmania.

  4. The risk and 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 McOmania has not informed the Consumer that they must bear these costs, or if McOmania indicates that it will bear the costs itself, the Consumer does not have to pay for the return.

  6. If the Consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity commence during the withdrawal period, the Consumer shall owe McOmania an amount proportional to that part of the obligation that has been fulfilled by McOmania at the time of withdrawal, compared to the full performance of the obligation.

  7. The Consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating if: a. McOmania has not provided the Consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or b. the Consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the withdrawal period.

  8. The Consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if: a. prior to delivery, they have not expressly agreed to begin fulfilling the contract before the end of the withdrawal period; b. they have not acknowledged losing their right of withdrawal when giving their consent; or c. McOmania has failed to confirm this statement from the Consumer.

  9. If the Consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of McOmania in Case of Withdrawal

  1. McOmania shall reimburse the Consumer for all payments made by the Consumer, including any delivery costs charged by McOmania for the returned product, immediately but no later than 14 days from the day McOmania is informed of the Consumer's decision to withdraw from the agreement.

  2. McOmania shall use the same payment method as the Consumer used for the original transaction, unless the Consumer expressly agrees to a different method. In any case, the Consumer will not incur any fees as a result of this reimbursement.

  3. If McOmania offers to collect the product from the Consumer, McOmania may withhold reimbursement until the product has been received or until the Consumer demonstrates that the product has been sent back, whichever comes first.

  4. McOmania will only be responsible for reimbursing the Consumer for the full cost of the product if the product is returned in the condition and manner prescribed in Article 8, including all delivered accessories and packaging.

  5. McOmania will not be obligated to refund any costs associated with the Consumer’s request for additional services, like express shipping, if these were agreed to by the Consumer.

Article 10 – Exclusion of the Right of Withdrawal

  1. The right of withdrawal does not apply to contracts: a) For the delivery of goods that are made to the Consumer's specifications or are clearly personalized; b) For the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, and which were unsealed after delivery; c) For the delivery of goods which, after delivery, are by their nature inseparably mixed with other items; d) For the delivery of audio or video recordings or computer software that were unsealed after delivery.

  2. If McOmania has informed the Consumer about the exclusion of the right of withdrawal before the agreement is concluded, the Consumer acknowledges and accepts these exclusions.

Article 11 – Complaints

  1. The Consumer is obligated to examine the delivered goods immediately upon receipt. Any visible defects or shortages must be reported to McOmania within a reasonable time after receipt of the goods, in accordance with the complaints procedure outlined on the website.

  2. Complaints about the quality of the products or services must be submitted within 30 days after the discovery of the defect, specifying the issue clearly.

  3. Complaints can be submitted via the contact form on the website or by email to the provided contact details. McOmania will respond to the complaint within a reasonable period, usually within 14 days, starting from the date of receipt of the complaint.

  4. If McOmania determines that the complaint is valid, McOmania will offer a solution, which may include a repair, replacement, or refund of the goods, depending on the situation.

Article 12 – Applicable Law and Disputes

  1. These Terms and Conditions, as well as the agreement between McOmania and the Consumer, are governed by Dutch law.

  2. In the event of a dispute, McOmania and the Consumer will first attempt to reach an amicable settlement. If no settlement can be reached, the dispute will be submitted to the competent court in the jurisdiction where McOmania is located.

  3. The Consumer has the option to submit a dispute to the Online Dispute Resolution platform (ODR platform) of the European Commission, available at: https://ec.europa.eu/consumers/odr.

Article 13 – Miscellaneous Provisions

  1. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, the remaining provisions will remain in full force and effect.

  2. McOmania reserves the right to amend these Terms and Conditions at any time. The most current version of the Terms and Conditions will always be available on the McOmania website.

  3. If McOmania does not immediately enforce any of its rights under these Terms and Conditions, this does not mean that McOmania waives the right to do so in the future.

Article 14 – Applicable Law and Competent Courts

  1. These Terms and Conditions are governed by and shall be interpreted in accordance with the laws of The Netherlands.

  2. Any disputes arising out of or in connection with these Terms and Conditions shall be exclusively submitted to the competent courts of Eindhoven.

Article 15 – Miscellaneous Provisions

  1. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected.

  2. These Terms and Conditions may be amended from time to time, and such amendments will be effective upon posting on the website. Users are advised to review the Terms and Conditions periodically.

  3. The failure of McOmania to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision.

Article 16 – Applicable Law and Disputes

  1. These Terms and Conditions are governed by and shall be construed in accordance with the laws of the jurisdiction in which McOmania is established, without regard to its conflict of law principles.

  2. Any dispute arising out of or in connection with these Terms and Conditions, including any questions regarding their existence, validity, or termination, shall be submitted to the competent court in the jurisdiction where McOmania is established.

Article 17 – Final Provisions

  1. If any provision of these Terms and Conditions is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

  2. McOmania reserves the right to modify or amend these Terms and Conditions at any time. The updated version will be effective upon its publication on the McOmania website.

  3. These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements, understandings, and negotiations, whether written or oral, relating to such subject matter.