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General terms and conditions

Article 1

Definition

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In these general terms and conditions the following terms shall have the following meanings:

  • Morelia : defined in article 2 of these general terms and conditions
  • Consumer: a natural person, not acting in the exercise of a profession or business, with whom Morelia concludes or intends to conclude an agreement
  • Parties : Morelia and the Consumer
  • Written : put in writing; by post, by email or by another electronic means
  • Third party(ies) : (legal) persons, other than Morelia or Consumer

Article 2

Our details

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Company Name: E-commerce XAAR
Street name and number: Zanderij 1
Postal code and location: 1185ZM Amstelveen
Phone number: +31 648502060

Email address: info@drivebymorelia.com
Chamber of Commerce number: 78668808

Article 3

General terms and conditions

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  • These general terms and conditions apply to every offer, all our (legal) acts and to every agreement concluded between us.
  • These general terms and conditions do not apply if you are not a natural person who is not acting in the exercise of a profession or business.
  • These general terms and conditions can always be found digitally at
  • Before you enter into an agreement with us, you can ask us to send you a copy of these general terms and conditions by email, so that you can save these general terms and conditions on your computer.
  • If a provision of these general terms and conditions or an agreement proves to be null and void or is annulled, this does not mean that the rest of our general terms and conditions or our agreement is no longer valid. We will then discuss together how we are going to resolve this, but we will take the purpose of the provision that was declared invalid as a starting point.
  • Unless we have expressly agreed otherwise in writing, the applicability of other general terms and conditions is excluded.
  • Deviations from or additions to these general terms and conditions are only valid if we have expressly agreed to this in writing.

Article 4

The offer

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  • It may happen that an offer from us is only valid for a certain time or that additional conditions apply. If this is the case, this is stated with the offer.
  • The offer contains a sufficiently accurate description of the products offered. With this description you can make a good assessment of our offer. Any errors or mistakes in the offer do not bind us. If we use images, we do our utmost to make them correspond as much as possible to how the products look in real life.
  • Obvious mistakes or obvious errors, such as an incorrect price for a product, do not bind us. These are errors or mistakes that almost everyone understands we did not intend. Are you in doubt? Then contact us. If we discover an obvious error in the price of the products you ordered, we will inform you of this incorrect price and you will be given the choice to continue with your purchase at the correct price or to cancel your purchase and possibly return it free of charge.

Article 5

The Agreement

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  • Our agreement is concluded at the moment that you have accepted our offer and the associated conditions, including these conditions.
  • You accept our offer by placing an order via our Webshop.
  • When you order something via the Webshop, we will always send you an email with a confirmation of your order.
  • If we have reasonable doubts about whether you can fulfil your side of the agreement, for example payment, we have the right to refuse to execute the agreement. If we refuse, we will cancel your order and inform you of this in writing no later than one week after placing the order.

Article 6

30 days reflection period

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  • We are convinced that you will enjoy your new CarPlay system. That is why we give you the opportunity to try the product for free for 30 (thirty) days after purchase. You have the right to return the system within 30 (thirty) days after the delivery date.
  • You can submit a return request via the return form .
  • All returns must be sent to our warehouse. Below you will find the details of where to send the package.

Morelia - Zanderij 1 , 1185 ZM Amstelveen - The Netherlands

Packages received by Morelia that are not registered via the return form can be processed less quickly. Fill in our return form for a correct and fast handling of your return order. If you do not use the online form, send us a message or add a note to the package stating that you want to cancel the purchase.

Article 7

Right of withdrawal

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  • As a consumer, you have the right to cancel your order and register your return within 14 days.
  • Then you have 14 days to return the product.
  • After registering the return, you as a retailer have 14 days to refund the order amount including shipping costs.
  • If you have ordered a product that is specifically made to measure or according to individual choice for you, then those products are exclusively intended for you. As a result, the right of withdrawal is excluded for those products. This concerns products or adjustments of products that are not offered to everyone in the webshop as standard.
  • When you return one of our products, you are liable for any depreciation. This depreciation must be the result of the fact that you have used the product further than was necessary to determine the nature, characteristics and functioning thereof.

Article 8

Costs in case of revocation

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  • You can exercise the right of withdrawal by notifying us in writing within the period indicated in the previous article. This can be done by sending an email to info@drivebymorelia.com
  • Then you return the product with all accessories supplied. If reasonably possible, in original condition and packaging. In doing so, you must adhere to our reasonable and clear instructions.
  • The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
  • If you exercise your right of withdrawal, you will bear the direct costs of returning the product.
  • If the right of withdrawal is invoked for products that are part of a product combination for which you have received a combination discount, the combination discount will expire. We can offset this discount with the amount to be refunded.
  • When returning a damaged or incomplete product, we will deduct the reduction in value of the product from the amount to be refunded to you.

Article 9

Dissolution

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  • We have the right to suspend the performance of the agreement or to terminate and/or dissolve the agreement in whole or in part by written statement by operation of law and without prior notice of default in the cases a to e. We may do so at our own discretion.
  • If you fail to fulfil one or more of its obligations, or fail to fulfil them in a timely or proper manner, or if we have reasonable grounds to fear this.
  • If you are declared bankrupt or enter into a debt restructuring process.
  • If you apply for (provisional) suspension of payments and/or deferment of payment.
  • If your assets are seized in whole or in part.
  • If we cannot reasonably be expected to execute an agreement with you where, in our opinion, the customer relationship is no longer good and friendly. The customer relationship may have been disrupted because, for example, you have abused our return conditions in the past and/or because (legal or otherwise) disputes have arisen with you. In that case, it would be better if we no longer continued with each other.
  • If any of the above situations occurs, we reserve any future right to compensation for costs, damages and interest.

Article 10

Liability

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  • Morelia's total liability is limited to compensation for damages up to the invoice amount of our agreement. In no case will the total compensation for damages exceed the amount to be paid by our liability insurance.
  • Our liability is not limited to damage resulting from intent or deliberate recklessness on our part.
  • The condition for any right to compensation to arise is always that you report the damage to us in writing as soon as possible after it has occurred. Any claim for compensation against us will lapse by the mere passage of 12 (twelve) months after the claim has arisen.
  • We are not liable for damage caused by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
  • We are not liable for any damage of any nature whatsoever that has arisen because we have assumed incorrect and/or incomplete information provided by you.
  • We are not liable for damage of any nature whatsoever caused by the actions of installers on site, except in the case of intent or recklessness.

Article 11

Force majeur

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  • It may be that something happens that we have no influence on. This could be a pandemic, for example. But also strikes, traffic jams, non-performance by suppliers or other third parties, power failures or other technical failures, breakdowns on the road, absenteeism due to illness and incapacity for work. No matter how hard we work, in such a case we unfortunately cannot meet the agreements. We assume your understanding. In such a case it is therefore not possible to claim compensation.
  • When such a situation occurs, we will do our utmost to deliver as soon as possible. Is there still force majeure after 30 days? Then we can both terminate the agreement. In that case, it is not possible to get any damages compensated. We do have the right to get paid for the costs, hours and investments already made.

Article 12

Warranty

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With every order at drivebymorelia.com you have a minimum of 1 year manufacturer's warranty after receiving your order.

For more information, see here.

Article 13

Prices

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  • All amounts are in euros and include VAT and other taxes, unless otherwise stated or agreed.
  • A composite quotation does not oblige us to supply a part of the quotation for a corresponding part of the stated amount.
  • Do we have a discount or promotion running? Then it is not the case that you can also use this at a later time. After this, this offer expires.
  • Obvious mistakes or obvious errors, such as with amounts shown, do not bind us. If you have the feeling that something is too good to be true, then that is often the case. These are errors or mistakes that almost everyone understands that we did not mean that. Are you in doubt? Then contact us. If we discover an obvious error in the price of the products you ordered, we will inform you of this incorrect price and you will be given the choice to continue with your purchase at the correct price or to cancel your purchase and possibly return it free of charge.
  • It is not possible to combine multiple discount codes. The previous paragraph also applies in the event that it was accidentally possible for you to combine multiple discount codes in the Webshop. That was of course not our intention.
  • The price at the time of ordering applies as the agreed price. We are never obliged to use prices that did not apply at the time you placed the order in the Webshop. If the price for a product in the Webshop has become lower after the time of ordering, you are therefore not entitled to any form of compensation.

Article 14

Payment and Billing

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  • In the Webshop you can pay with iDeal, credit card, Bancontact, Sofort, PayPal and via Klarna
  • If you choose to pay via Klarna, you give us permission to transfer our claim on you to Klarna. In that case, you also give permission for the personal data provided to us about you to be shared with Klarna.
  • Invoices, if you have not yet paid them when ordering, must be paid within 14 (fourteen) days after the invoice date. This does not apply if you have chosen to pay via Klarna or if we have agreed otherwise
  • You have a duty to report any inaccuracies in your payment details to us as soon as possible.
  • If you do not pay on time, we will always let you know first. Then we will give you another 14 (fourteen) days to pay the amount. If you still cannot pay, we will unfortunately have to call in a debt collection agency. You can always contact us for a payment arrangement.
  • Is there a (reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt restructuring under the WSNP (Natural Persons Debt Restructuring Act)? Then our claims on you and your obligations to us are immediately due and payable.
  • Payments made by you are primarily for interest and costs owed that we have to claim from you. Are these not there? Then the payment applies secondarily to the invoices that have been outstanding the longest. This also applies if you yourself indicate that the payment relates to another invoice.

Article 15

Delivery

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  • We deliver the product you ordered to the address you specified. We bear the risk of the product, for example damage and loss, until the moment of delivery.
  • We do our utmost to have products delivered within the agreed delivery time. However, we cannot guarantee this. The agreed delivery time is always an indication, no rights can be derived from this.
  • Our products are delivered by our transport partners. They deliver to the (general) front door on the ground floor.

Article 16

Complaints procedure

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  • If there is something wrong with the products or if there is a defect? ​​Then you must let us know within 2 (two) weeks after you discover the defect. Is there a visible defect? ​​Then you must let us know a lot sooner, namely within 48 (forty-eight) hours. Are you complaining too late? Then unfortunately you are no longer entitled to any compensation and the product is deemed to comply with our agreement.
  • After you have informed us of the defect, we will immediately start working for you. You will then give us at least the time to resolve the complaint within four weeks.
  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  • In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
  • A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 17

Retention of title

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  • When we deliver something to you, the product always remains our property until the full invoice has been paid. This also includes claims in the context of fines, interest and costs as referred to in article 3:92 BW.
  • Should it happen that there is permanent non-payment, then we may take back the product. You must give us, or a Third Party designated by us, every opportunity to do so.
  • As long as you have not paid the full invoice, there is a retention of title on the product. You then do not have the right to resell the product or to have a right established on it.
  • Do you acquire ownership of the goods delivered by us while there is still a retention of title by accession or mixing? Then you are obliged to transfer this ownership back to us. It is possible that a right of superficies must be established for this. Cooperation in this is mandatory.
  • If third parties seize a product with retention of title from us, you must inform us of this as soon as possible.

Article 18

Applicable law

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  • Our agreement is exclusively governed by Dutch law.
  • Are you a Consumer to whom another law applies? Then you do not lose the mandatory legal provisions of that law that can protect you as a Consumer.
  • If, unfortunately, problems do arise between us, we will first consult as much as possible to find a solution. If we cannot resolve it together? Then only the Dutch court is authorized to take cognizance of our problems, unless the law offers you as a Consumer even more options.
  • In the event that these general terms and conditions and our agreement contain conflicting terms, the terms included in our agreement shall prevail.

Article 19

Survival

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  • The provisions of these general terms and conditions and the agreement that are intended to remain valid after the end of the agreement shall remain in full force after the end of the agreement.

Article 20

Change or addition

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  • We have the right to unilaterally change or supplement these general terms and conditions. In that case, we will inform you of the changes or supplements in a timely manner.
  • There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented terms and conditions.
  • Does the change or addition to the conditions result in you no longer being able to enter into a similar agreement with us than you would have done before the change or addition? Then you have the right to refuse the changed conditions and possibly terminate the agreement.
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