Terms of Services

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

  • Day: calendar day.

  • Long-term transaction: a distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time.

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

  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.

  • Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication until the conclusion of the agreement.

  • Means of distance communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same room.

  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Mondial Venture Limited
Org. number: 14746408
Trade name: HappyFlops
Customer service email: support@happyflops.au
Business address: Aldgate Tower, 2 Leman Street, London, E1 8FA

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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, it shall be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where the general terms and conditions can be accessed electronically and that they will be provided electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the remainder of the agreement and these terms shall remain in force, and the relevant provision shall be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted ‘in the spirit’ of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change or amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information so that the consumer is clearly informed of the rights and obligations attached to acceptance of the offer, such as:

  • the price, excluding customs clearance costs and import VAT. These additional costs are borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services with respect to import. This scheme applies when goods are imported into the EU destination country. The postal and/or courier service collects VAT (possibly with clearance costs) from the recipient of the goods;

  • any delivery costs;

  • how the contract will be concluded and what actions are required for this;

  • whether the right of withdrawal applies;

  • method of payment, delivery, and performance of the contract;

  • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the cost of distance communication if calculated differently from the basic rate;

  • whether the contract will be archived and, if so, how it can be accessed by the consumer;

  • the way in which the consumer can check and, if desired, correct information before concluding the contract;

  • the languages in which the contract may be concluded, besides Dutch;

  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult them electronically;

  • the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, materials.

Article 5 – The Agreement

The agreement, subject to the provisions in paragraph 4, is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until this confirmation has been received, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur shall observe suitable security measures.

The entrepreneur may, within legal limits, gather information about the consumer’s ability to meet their payment obligations and any other facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to conclude the contract, they are entitled to refuse an order or application, or attach special conditions, with justification.

The entrepreneur shall provide the consumer, at the latest upon delivery of the product or service, with the following information in writing or on a durable data carrier:

  • the business address of the entrepreneur’s establishment where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement when the right of withdrawal is excluded;

  • information about guarantees and after-sales service;

  • the data included in Article 4 paragraph 3, unless already provided before contract performance;

  • the requirements for terminating the contract if it is of more than one year or indefinite duration.

In the case of a long-term transaction, the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to sufficient availability of the products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or their designated representative.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer shall return the product with all accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product by written notice/email. After this notification, the consumer must return the product within 14 days to the place of origin. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.

If the consumer has not notified the entrepreneur of their withdrawal within the specified period, or has not returned the product within the return period, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return costs are borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of return has been supplied.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the consumer for products described in paragraphs 2 and 3, provided this was clearly stated in the offer or in good time before the contract was concluded.

Exclusion is only possible for products:

  • made according to consumer specifications;

  • clearly personal in nature;

  • which by their nature cannot be returned;

  • that can spoil or age quickly;

  • whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

  • newspapers and magazines;

  • audio/video recordings or computer software if the seal has been broken by the consumer;

  • hygienic products if the seal has been broken by the consumer.

Exclusion is only possible for services:

  • relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

  • that have begun with the consumer’s express consent before the cooling-off period has expired;

  • relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of products/services shall not be increased, except for changes due to VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products/services subject to price fluctuations in the financial market beyond their control, at variable prices. This will be stated in the offer.

Price increases within 3 months after concluding the contract are only permitted if due to legal regulations.

Price increases after 3 months are only permitted if agreed upon and:

  • due to legal regulations; or

  • the consumer has the right to terminate the contract effective from the day the price increase takes effect.

The place of supply is determined by Article 5(1) of the Dutch Turnover Tax Act 1968, where the transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and clearance costs will be charged to the buyer by the postal or courier service, and no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products/services comply with the contract, the specifications in the offer, reasonable requirements of reliability/usability, and legal provisions/regulations existing on the date of conclusion. If agreed, the entrepreneur also guarantees suitability for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported in writing within 14 days after delivery. Products must be returned in their original packaging and condition.

The warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never liable for ultimate suitability for each individual use by the consumer or for advice on the use of the product.

Warranty does not apply if:

  • the consumer repaired/modified products themselves or had them repaired/modified by third parties;

  • products were exposed to abnormal conditions, handled carelessly, or contrary to instructions;

  • defects result from regulations regarding the nature or quality of materials.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care in receiving and executing product orders.

The delivery address is the address provided by the consumer.

With due observance of Article 4, accepted orders will be executed promptly but no later than 30 days, unless a longer delivery time has been agreed. If delivery is delayed, or an order cannot be executed, the consumer will be notified within 30 days of placing the order. In such cases, the consumer may dissolve the agreement without cost and may be entitled to compensation.

In case of dissolution, the entrepreneur shall refund amounts paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement. This will be clearly communicated upon delivery. Replacement products cannot exclude the right of withdrawal. Return costs for replacements are borne by the entrepreneur.

The risk of damage/loss of products rests with the entrepreneur until delivery to the consumer or their designated representative, unless otherwise expressly agreed.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

  • The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

  • A fixed-term contract for the regular delivery of products (including electricity) or services may be terminated at the end of the fixed term, with a maximum one-month notice period.

  • Consumers may always terminate such agreements:

    • at any time, without being limited to a specific date/period;

    • at least in the same way they were entered into;

    • with the same notice period as the entrepreneur has for themselves.

Renewal

  • A fixed-term contract for the regular delivery of products/services may not be tacitly renewed for a fixed period.

  • By way of exception, a fixed-term contract for the regular delivery of daily/weekly newspapers and magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate with one month’s notice.

  • A fixed-term contract for the regular delivery of products/services may only be tacitly renewed for an indefinite term if the consumer may terminate at any time with one month’s notice (or three months for newspapers/magazines delivered less than once per month).

  • Trial or introductory subscriptions for newspapers/magazines are not tacitly renewed and end automatically.

Duration

If a contract lasts more than one year, the consumer may terminate it at any time after one year with a notice period of one month, unless early termination is unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, amounts due must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). For a service agreement, this period begins after the consumer receives confirmation of the contract.

The consumer must immediately report inaccuracies in provided/payment details.

In case of non-payment, the entrepreneur is entitled, subject to legal limits, to charge reasonable costs communicated in advance.

Article 14 – Complaints Procedure

Complaints about contract performance must be submitted fully and clearly within 7 days after the consumer identifies defects.

Complaints will be answered within 14 days from receipt. If longer processing is required, the consumer will be notified within 14 days with an indication of when a more detailed response can be expected.

If the complaint cannot be resolved in mutual consultation, a dispute arises subject to the dispute resolution procedure.

A complaint does not suspend obligations of the entrepreneur unless confirmed in writing.

If a complaint is upheld, the entrepreneur may replace or repair the delivered products free of charge.

Article 16 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the “Amendment of the Dutch Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.