Moordverhaal Terms and Conditions

Email: info@murdermysterykit.com Website: www.murdermysterykit.com Definitions

1. Moordverhaal: PuurWeb, located in Apeldoorn, registered with the Chamber of Commerce under no. 60624302 (NL002164429B43).
2. Client: the party with whom Moordverhaal has entered into an agreement.
3. Parties: Moordverhaal and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of General Terms and Conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Moordverhaal.
2. The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the customer or third parties.

Prices

1. All prices charged by Moordverhaal are in euros, include VAT, and exclude any other costs such as administrative fees, levies, and travel, shipping, or transportation costs, unless expressly stated otherwise or otherwise agreed upon.
2. Moordverhaal may change at any time all prices it charges for its products, whether listed on its website or otherwise communicated.
3. Increases in the cost prices of products or parts thereof, which Moordverhaal could not have foreseen at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and Models If the customer has received a sample or model of a product, they may not derive any rights from it other than that it serves as an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. Payments and Payment Terms

1. Moordverhaal may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must make payments within 7 days of delivery.
3. Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, they are automatically in default and in breach of contract, without Moordverhaal needing to send the customer a reminder or declare them in default.
4. Moordverhaal reserves the right to make a delivery contingent upon immediate payment or to require a security deposit for the total amount of the services or products.

Consequences of Late Payment

1. If the customer fails to pay within the agreed term, Moordverhaal is entitled to charge the statutory interest rate of 2% per month for non-commercial transactions starting from the day the customer is in default, with a partial month being counted as a full month.
2. If the customer is in default, they are also liable to Moordverhaal for extrajudicial collection costs and any damages.
3. The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. If the customer fails to pay on time, Moordverhaal may suspend its obligations until the customer has fulfilled their payment obligation.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, Moordverhaal’s claims against the customer become immediately due and payable.
6. If the customer refuses to cooperate with Moordverhaal’s performance of the agreement, they are still obligated to pay the agreed-upon price to Moordverhaal.

Right of reclamation

1. As soon as the customer is in default, Moordverhaal is entitled to invoke the right of retention with respect to the unpaid products delivered to the customer.
2. Moordverhaal invokes the right of reclamation by means of a written or electronic notice.
3. As soon as the customer has been notified of the invoked right of retention, the customer must immediately return the products to which this right applies to Moordverhaal, unless the parties agree otherwise.
4. The costs of retrieving or returning the products are the responsibility of the customer.

Right of Withdrawal

1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving a reason, provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been custom-made or modified specifically for the consumer
• it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
• the seal is still intact, in the case of data carriers containing digital content (DVDs, CDs, etc.)
• the product or service does not concern lodging, travel, restaurant services, transportation, catering, or any form of leisure activity
• the product is not a single issue of a magazine or newspaper
• the consumer has not waived their right of withdrawal

2. The 14-day cooling-off period referred to in paragraph 1 begins:
   • on the day after the consumer has received the last product or component of a single order
   • as soon as the consumer has confirmed that they will purchase digital content via the internet
3. The consumer may exercise their right of withdrawal via info@murdermysterykit.com, if desired using the withdrawal form available for download on the Moordverhaal website, www.murdermysterykit.com.
4. The consumer is required to return the product to Moordverhaal within 14 days of exercising their right of withdrawal; failure to do so will result in the forfeiture of their right of withdrawal.

Reimbursement of shipping costs  

1. If the consumer has exercised their right of withdrawal in a timely manner and, as a result, has returned the entire order to Moordverhaal in a timely manner, Moordverhaal will refund any shipping costs paid by the consumer within 14 days of receiving the timely and fully returned order.
2. Moordverhaal will only cover the delivery costs if the entire order is returned.

Reimbursement of return costs If the consumer exercises their right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order are borne by the consumer. Right of suspension Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement. Right of retention 

1. Moordverhaal may invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding invoices owed to Moordverhaal, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the customer still owes payments to Moordverhaal.
3. Moordverhaal is never liable for any damage the customer may suffer as a result of Moordverhaal exercising its right of retention.

Set-off Unless the customer is a consumer, the customer waives their right to set off a debt owed to Moordverhaal against a claim against Moordverhaal. Retention of Title

1. Moordverhaal retains ownership of all delivered products until the customer has fully fulfilled all payment obligations to Moordverhaal under any agreement entered into with Moordverhaal, including claims arising from failure to perform.
2. Until that time, Moordverhaal may invoke its retention of title and reclaim the goods.
3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
4. If Moordverhaal invokes its retention of title, the agreement shall be deemed terminated, and Moordverhaal shall be entitled to claim damages, lost profits, and interest.

Delivery

1. Delivery is subject to availability.
2. Delivery takes place at Moordverhaal, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Moordverhaal has the right to suspend its obligations until the agreed amount has been paid.
5. Late payment constitutes a default by the debtor, with the result that the customer cannot hold Moordverhaal liable for a delayed delivery.

Delivery Time

1. The delivery times specified by Moordverhaal are indicative and do not entitle the customer to terminate the agreement or claim damages if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Moordverhaal.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Moordverhaal is unable to deliver within 14 days of being given written notice to do so, or the parties have agreed otherwise.

Actual Delivery The customer must ensure that the actual delivery of the products ordered by them can take place on time. Shipping Costs Shipping costs are the responsibility of the customer, unless the parties have agreed otherwise. Packaging and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must, before accepting the product, have the carrier or delivery person make a note of this; otherwise, Moordverhaal cannot be held liable for any damage.
2. If the customer arranges for the transport of a product themselves, they must report any visible damage to the products or the packaging to Moordverhaal prior to transport; otherwise, Moordverhaal cannot be held liable for any damage.

Storage

1. If the customer does not take delivery of ordered products until after the agreed delivery date, the risk of any loss of quality is entirely the customer’s responsibility.
2. Any additional costs resulting from early or late acceptance of products are entirely at the customer’s expense.

Warranty

1. The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or materials.
2. The warranty does not apply in the case of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or physically delivered, or at least come into the possession of the customer or a third party who receives the product on behalf of the customer.

Indemnification The customer indemnifies Moordverhaal against all claims by third parties related to the products and/or services delivered by Moordverhaal. Complaints

1. The customer must inspect a product delivered or service provided by Moordverhaal as soon as possible for any defects.
2. If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must notify Moordverhaal of this as soon as possible, but in any case within 1 month of discovering the defects.
3. Consumers must notify Moordverhaal of any such shortcomings no later than 2 months after discovering them.
4. In doing so, the customer must provide as detailed a description of the defect as possible, so that Moordverhaal is able to respond appropriately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case result in Moordverhaal being obligated to perform work other than that agreed upon.

Notice of Default

1. The customer must notify Moordverhaal of any notice of default in writing.
2. It is the customer’s responsibility to ensure that a notice of default actually reaches Moordverhaal (in a timely manner).

Joint and several liability of the customer If Moordverhaal enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Moordverhaal under that agreement. Liability of Moordverhaal

1. Moordverhaal is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.
2. If Moordverhaal is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. Moordverhaal is never liable for indirect damage, such as consequential damage, lost profits, lost savings, or damage to third parties.
4. If Moordverhaal is liable, this liability is limited to the amount paid out by a valid (professional) liability insurance policy, and in the absence of (full) payment by an insurance company of the amount of the damage, liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only and are approximate; they cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Limitation Period Any right of the customer to compensation from Moordverhaal expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not preclude the provisions of Article 6:89 of the Civil Code. Right to Termination

1. The customer has the right to terminate the agreement if Moordverhaal fails to fulfill its obligations through its own fault, unless such failure, given its special nature or minor significance, does not justify termination.
2. If the fulfillment of Moordverhaal’s obligations is permanently or temporarily impossible, termination may only take place after Moordverhaal is in default.
3. Moordverhaal has the right to terminate the agreement with the customer if the customer fails to fulfill his obligations under the agreement in full or on time, or if Moordverhaal becomes aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfill his obligations.

Force Majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Moordverhaal to fulfill any obligation toward the customer cannot be attributed to Moordverhaal in a situation beyond Moordverhaal’s control, which wholly or partially prevents the fulfillment of its obligations toward the customer or which makes the fulfillment of its obligations unreasonably difficult for Moordverhaal.
2. The force majeure situations referred to in paragraph 1 also include—but are not limited to—: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breaches of contract and force majeure on the part of suppliers, delivery personnel, or other third parties; unexpected power, electricity, internet, computer, and telecommunications outages; computer viruses, strikes, government measures, unforeseen transportation problems, adverse weather conditions, and work stoppages.
3. If a force majeure situation arises that prevents Moordverhaal from fulfilling one or more obligations to the customer, those obligations will be suspended until Moordverhaal is able to fulfill them again.
4. Once a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in whole or in part in writing.
5. In a force majeure situation, Moordverhaal shall not be liable for any compensation or damages, even if it derives any benefit from the force majeure situation.

Amendment of the Agreement 

1. If, after the agreement has been concluded, it becomes necessary to amend or supplement its content for the purpose of its performance, the parties shall amend the agreement accordingly in a timely manner and by mutual agreement.
2. The preceding paragraph does not apply to products purchased in a physical store.

Amendment of General Terms and Conditions

1. Moordverhaal is entitled to amend or supplement these general terms and conditions.
2. Minor changes may be implemented at any time.
3. Moordverhaal will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the terms and conditions.

Transfer of Rights

1. The customer’s rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Moordverhaal.
2. This provision constitutes a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. In such a case, a provision that is void or voidable will be replaced by a provision that most closely approximates what Moordverhaal intended on that point when drafting the terms and conditions.

Applicable law and competent court

1. Every agreement between the parties is governed exclusively by Dutch law.
2. The Dutch court in the district where Moordverhaal is established / maintains its practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.

Drafted on January 31, 2023.