• Name: Willem Rabbie

• Company Name: Molina Beheer BV, operating under the name Foamee

• Address: Cruquiusweg 96L, 1019AJ Amsterdam

• Telephone Number: 020 786 7931 (available Monday to Friday, 9:00 AM to 6:00 PM)

• Email Address: info@foamee.nl

• Chamber of Commerce Number: 08058439

• VAT Number: NL007362948B02

If the entrepreneur’s activities are subject to a licensing regime, the contact details of the supervisory authority are also stated here.

These general terms and conditions apply to every offer made by the professional and to every distance contract concluded between the professional and the consumer.

The text of these terms and conditions shall be made available to the consumer before the conclusion of the distance contract. If it is not reasonably possible to provide them in advance, the professional shall indicate how the consumer can review them at the entrepreneur’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may also be supplied electronically in such a way that the consumer can easily store them on a durable medium. If that is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

If specific product or service terms apply in addition to these general terms, the second and third paragraphs above also apply. In the event of conflicting provisions, the consumer may rely on the provision most favorable to them.

If an offer is valid for a limited period or subject to conditions, this shall be clearly 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 make a proper assessment. If the professional uses images, they are a true representation of the products, services and/or digital content offered.

Obvious errors or mistakes in the offer do not bind the entrepreneur.

Each offer contains clear information about the rights and obligations involved in acceptance by the consumer.

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the stipulated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations, as well as all relevant facts and factors important for responsibly concluding the distance contract. If the entrepreneur has valid reasons not to conclude the agreement, they may refuse an order or attach special conditions to its execution.

Upon delivery of the product, service or digital content, the entrepreneur shall provide the following information, in writing or in a form that allows storage on a durable medium:

• the address where the consumer can lodge complaints;

• the conditions and manner in which the right of withdrawal can be exercised, or a clear statement if this right is excluded;

• information on guarantees and after-sales services;

• the total price including taxes, any delivery costs, and method of payment, delivery or performance;

• the conditions for termination if the contract has a duration of more than one year or is indefinite;

• if applicable, the model withdrawal form.

For long-term transactions, the previous paragraph applies only to the first delivery.

For products:

1. The consumer may cancel the purchase contract of a product without giving reasons within 14 days. This reflection period starts on the day after the consumer or a designated representative receives the product.

2. During the reflection period, the consumer shall handle the product and its packaging with care. The product may only be unwrapped or used to the extent necessary to assess whether the consumer wishes to keep it. When exercising the right of withdrawal, the product must be returned to the trader with all supplied accessories and, if reasonably possible, in the original condition and packaging, according to the trader’s instructions.

3. Within 14 days of receipt, the consumer must indicate that they wish to exercise the right of withdrawal. This can be done using the model form or by another clear means of communication, such as email. After this notification, the consumer has another 14 days to return the product. The consumer must be able to prove that the product was returned on time, e.g., by means of a shipping receipt.

4. If the consumer has not indicated the intention to exercise the right of withdrawal or has not returned the product within the required period, the purchase is final.

For services and digital content not supplied on a tangible medium:
5. The consumer may terminate a service contract and a digital content supply contract without giving reasons within at least 14 days. The trader may ask for the reason, but cannot require it.

1. The reflection period begins the day after the conclusion of the contract.

Extended reflection period in case of failure to inform:
7. If the trader has not informed the consumer of the right of withdrawal, the reflection period ends 12 months after the initial reflection period.

1. If the trader provides the information within these 12 months, the reflection period ends 14 days after the consumer receives the information.

• Product handling: During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics and functioning, as permitted in a store.

• Liability for depreciation: The consumer is liable for any depreciation in the value of the product caused by handling beyond what is permitted in paragraph 1. However, the consumer is not liable if the trader did not provide the legally required information on the right of withdrawal before or at the time of contract conclusion.

• Return costs: The consumer bears the direct cost of returning the product, unless the trader failed to notify them or has indicated that the trader will bear the costs.

• Services or utilities: If the consumer explicitly requests that services or the supply of gas, water or electricity not made ready for sale start during the reflection period and then withdraws, they shall owe a proportional amount for the part of the service already performed.

• Digital content: The consumer incurs no costs for full or partial supply of digital content not on a tangible medium if they did not expressly consent to execution before the end of the reflection period, did not acknowledge the loss of withdrawal rights when giving consent, or if the trader failed to confirm this.

• Ancillary agreements: If the consumer exercises the right of withdrawal, all ancillary contracts are automatically terminated.

1. Notification of withdrawal: If the consumer decides to exercise the right of withdrawal, they must notify the trader within the reflection period. This can be done using the model withdrawal form or any other clear statement.

2. Return of the product: The consumer must return or hand over the product to the trader or an authorized representative as soon as possible, but no later than 14 days after the notification. The consumer may also request the trader to collect it. The consumer has complied with the deadline if the product is sent back before the reflection period expires.

3. Condition of the product: The product must be returned, if reasonably possible, in its original condition and packaging, including all accessories, following reasonable and clear instructions from the trader.

4. Risk and proof: The risk and burden of proof for timely and correct exercise of the right of withdrawal lies with the consumer.

5. Return costs: The consumer bears the direct cost of returning the product, unless the trader indicated otherwise or agreed to bear the cost.

6. Services/utilities: If the consumer, after explicitly requesting it, withdraws from a service or supply of gas, water, or electricity not made ready for sale in limited quantities, they owe an amount proportional to what was supplied until the moment of withdrawal.

7. No costs for certain services/supplies: The consumer incurs no costs for services or the supply of water, gas, electricity or district heating if:

   • the trader failed to provide legally required information on the right of withdrawal, withdrawal costs, or the withdrawal form, or

   • the consumer did not expressly request the start of the service during the withdrawal period.

• Acknowledgment of receipt: If the trader allows withdrawal notifications electronically, they must immediately confirm receipt.

• Refund: The trader must refund all payments made by the consumer, including delivery costs of the returned product. The refund must be made as soon as possible, but no later than 14 days after the consumer notifies withdrawal. The trader may wait until the product has been received or proof of return has been provided, unless the trader offered to collect the product.

• Payment method: The refund must be made using the same payment method as the consumer used, unless the consumer agrees otherwise. The refund must not result in additional costs for the consumer.

• Extra delivery costs: If the consumer chose a more expensive delivery method than the cheapest standard option, the trader is not obliged to refund the additional costs.

The right of withdrawal does not apply to:

1. Market-dependent products: Products or services whose price depends on financial market fluctuations beyond the trader’s control.

2. Public auctions: Contracts concluded during a public auction.

3. Fully performed services: Service contracts that have been fully performed, provided the consumer consented and acknowledged beforehand that withdrawal rights would be lost once the service is completed.

4. Package holidays & passenger transport: Package travel arrangements and passenger transport contracts.

5. Accommodation services: Accommodation provided for a specific date or period, not for residential purposes, and linked to transport, car rental, or catering.

6. Leisure services: Contracts relating to leisure activities for a specific date or period.

7. Customized products: Goods made to consumer specifications or clearly personalized.

8. Perishable products: Goods that perish quickly or have a limited shelf life.

9. Health & hygiene products: Sealed products not suitable for return for health or hygiene reasons once unsealed.

10. Irrevocably mixed goods: Products that, after delivery, are inseparably mixed with other goods.

11. Alcoholic beverages: Alcoholic drinks whose price was agreed at contract conclusion, but delivery can only occur after 30 days, and whose value depends on market fluctuations.

12. Sealed media/software: Sealed audio/video recordings and computer software once unsealed.

13. Newspapers and magazines: Newspapers, periodicals, or magazines, except subscriptions.

14. Digital content: Delivery of digital content not supplied on a tangible medium, provided the consumer gave prior consent and acknowledged the loss of withdrawal rights.

1. Conformity: The entrepreneur guarantees that the delivered products and/or services comply with the specifications stated in the offer, with reasonable requirements of soundness and usability, and with existing legal provisions and/or government regulations at the time of contract conclusion. If explicitly agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.

2. Additional guarantee: Any additional guarantee provided by the entrepreneur, its suppliers, manufacturers, or importers shall never limit the legal rights and claims the consumer may exercise against the entrepreneur based on the contract if the entrepreneur fails to fulfill its contractual obligations.

3. Definition of additional guarantee: “Additional guarantee” means any undertaking by the entrepreneur, its suppliers, importers, or producers whereby they grant the consumer rights or claims in addition to those legally required in the event the entrepreneur fails to fulfill its obligations.

• Due care: The entrepreneur shall exercise due care when receiving product orders and in assessing requests for service provision.

• Delivery address: The place of delivery is the address that the consumer has made known to the entrepreneur.

• Delivery period: Accepted orders shall be executed promptly, but at least within 30 days, unless another delivery period has been agreed. If delivery is delayed or if an order cannot be carried out or only partially, the consumer must be informed within 30 days of placing the order.

• Right of termination and compensation: In case of delay, the consumer has the right to terminate the contract without cost and may be entitled to compensation.

• Refund: In the event of termination, the entrepreneur must refund the amount paid by the consumer without delay.

• Risk of damage/loss: The risk of damage to and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Termination:

1. Indefinite duration: A contract for an indefinite period may be terminated by the consumer at any time with a notice period of one month maximum, subject to agreed termination rules.

2. Fixed duration: A fixed-term contract may be terminated towards the end of its term with a notice period of one month maximum.

3. Mode of termination: The consumer may terminate at any time in the same way as the contract was concluded, and with the same notice period the entrepreneur has set for itself.

Renewal:

1. No tacit renewal: Fixed-term contracts may not be tacitly renewed, except for daily, news, and weekly newspaper or magazine subscriptions, which may be tacitly renewed for up to three months.

2. Conversion to indefinite duration: A fixed-term contract may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with a maximum notice period of one month (three months for publications delivered less than once per month).

3. Trial or introductory subscriptions: These are not tacitly renewed and end automatically after the trial period.

Duration of subscription:

1. Long-term contracts: If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of one month maximum, unless reasonableness and fairness prevent early termination.

• Payment period: Unless otherwise agreed, the consumer must pay the amounts due within 14 days from the start of the withdrawal period, or if no withdrawal period applies, within 14 days after the conclusion of the contract. For services, this period begins the day after the consumer receives confirmation of the contract.

• Advance payment: When selling products, the consumer may never be obliged to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights regarding the execution of the order until the agreed advance payment has been made.

• Errors in payment details: The consumer must report inaccuracies in provided or stated payment details to the entrepreneur without delay.

• Late payment: If the consumer fails to pay on time, the entrepreneur must notify the consumer and grant an additional 14 days to fulfill the payment. If payment is still not made within this period, statutory interest is owed on the outstanding amount, and the entrepreneur may charge extrajudicial collection costs. These collection costs amount to a maximum of:

  • 15% of outstanding amounts up to €2,500;

  • 10% for amounts between €2,500 and €5,000;

  • 5% for amounts above €5,000;

  • with a minimum of €40.

• Lower collection fees: The entrepreneur may charge lower collection fees than those stated above.

• Complaints procedure: The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

• Filing complaints: Complaints regarding the execution of the contract must be submitted to the entrepreneur promptly after the consumer has discovered the defects, described fully and clearly.

• Response time: Complaints submitted to the entrepreneur will receive a response within 14 days of receipt. If a complaint requires longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

• Mutual resolution: The consumer must give the entrepreneur at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute may arise that is eligible for dispute resolution.

• Mediation via Stichting WebwinkelKeur: In case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and disputes cannot be resolved, the consumer can contact Stichting WebwinkelKeur (www.webwinkelkeur.nl) for free mediation. Consumers can check whether the webshop is a member at: https://www.webwinkelkeur.nl/ledenlijst/.

• Disputes Committee: If no solution is found, the consumer may submit the complaint to the independent disputes committee designated by Stichting WebwinkelKeur. The committee’s decision is binding for both entrepreneur and consumer. Filing a dispute incurs fees payable by the consumer to the committee.

• European ODR platform: It is also possible to file a complaint via the European Online Dispute Resolution platform (http://ec.europa.eu/odr

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Additional provisions or deviations from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Annex I – Model Withdrawal Form

Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)

To:
Molina Beheer BV
Cruquiusweg 96 L, 1019AJ Amsterdam
info@foamee.nl

I/We hereby inform you that I/we withdraw from our contract concerning:

• The sale of the following products: [product designation]

• The supply of the following digital content: [digital content designation]

• The provision of the following service: [service designation]

Ordered on/received on [date]

Name of consumer(s): []
Address of consumer(s): []
Signature of consumer(s) (only if this form is submitted on paper)

[Delete where not applicable]