Terms & Conditions
In these Terms and Conditions, the following definitions apply:
1. MoJoy Webdesign: MoJoy Webdesign, located in Amersfoort with KvK number: 89484525.
2. Customer: the one with whom MoJoy Webdesign makes an agreement.
2. Consumer: the natural person not acting in the context of a profession or business;
3. Agreement: the agreement between MoJoy Webdesign and the customer by which MoJoy Webdesign commits to deliver a performance concerning webdesign and the customer commits to pay a sum of money.
Amersfoort, The Netherlands
Chamber of Commerce registration number: 89484525
1. These terms and conditions are published on MoJoy Webdesign's website, www.mojoywebdesign.com.
2. These general conditions apply to every offer of MoJoy Webdesign and to all remote agreements and orders made between MoJoy Webdesign and the customer. These terms and conditions also apply to all offers and follow-up orders by, on behalf of or towards MoJoy Webdesign.
3. Before the remote agreement is effected, the text of these terms and conditions shall be made available to the customer.
4. The customer is deemed to have taken knowledge of the contents of and agreed with these terms and conditions of MoJoy Webdesign at the time of signing the agreement.
5. Should one or more of the conditions in these terms and conditions at any moment be completely or partially void or destroyed, the agreement and the remaining conditions will remain in force and the condition concerned will be replaced by mutual agreement by a condition which approaches the meaning of the original as much as possible.
6. Situations not regulated in these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
7. Uncertainties about the interpretation or content of one or more conditions of our terms and conditions, should be interpreted 'in the spirit' of these general conditions.
8. If the agreement deviates from one or more conditions of these terms and conditions, the conditions of the agreement will prevail over the conditions of these general terms and conditions.
1. In case an offer has a limited period of validity or is made under conditions, this will be explicitly mentioned in the offer.
2. MoJoy Webdesign always has the right to change or stop the offer and prices without announcement.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a good assessment of the offer by the customer possible. Obvious mistakes and/or typing errors, however, do not legally bind MoJoy Webdesign.
4. All images, specifications and other data in the offer are only an indication and cannot be a reason for compensation or cancellation of the agreement.
5. MoJoy Webdesign tries to show a truthful representation of the offered products in images. Nevertheless MoJoy Webdesign can not guarantee that the displayed colours and details exactly correspond with those on another computer screen.
6. Every offer contains such information, that for the customer is clear what the rights and obligations are, which are connected with the acceptance of the offer. This includes in particular:
- the price including taxes;
- the way in which the agreement will be realised and which actions are necessary for this;
- whether or not the right of revocation is applicable;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the business owner guarantees the price;
- whether the agreement will be archived after its realisation, and if so in what way it can be consulted by the customer;
- the way in which the customer, before the realisation of the agreement, can check the data provided by him in the context of the agreement and, in case desired, restore them;
1. The agreement is established at the time of acceptance of the offer by the customer and meeting the conditions specified in it.
2. Upon acceptance of the agreement, the customer signs the contract delivered by MoJoy Webdesign.
3. MoJoy Webdesign always confirms the reception of the acceptance of the offer. As long as the reception of this acceptance has not been confirmed by the business owner, the customer can cancel the agreement.
4. MoJoy Webdesign is not obliged to enter into an agreement in case there is a reasonable suspicion that the service, delivered by MoJoy Webdesign, will be abused or that the payment will not be fulfilled.
5. In general, the agreement is made remotely. The customer agrees to digital delivery, communication and invoicing.
Right of revocation
1. Given the digital nature of MoJoy Webdesign's products, a product can in no case be returned. For this reason, the customer, not being a consumer, has no right to a period of reconsideration after the closing of the agreement to purchase a website template.
2. Agreements to custom web design can only be cancelled prior to the moment MoJoy Webdesign starts the work. The guideline for this is two days after the closing of the agreement. The customer can cancel an agreement no later than two days after closing the agreement without giving a reason.
Prices & payments
1. The prices stated for the products offered are in euros and are excluding VAT.
2. Prices of the offer are subject to possible changes. These changes may be made without notice, prior to the signing of the agreement.
3. The customer is obliged to report inaccuracies in given or mentioned payment data to MoJoy Webdesign without delay.
4. In case the customer does not fulfil the payment obligation within the agreed term, the customer will owe the legal interest and the extrajudicial collection charges made after failing to pay after receiving a payment reminder. This legal interest is 8% of the agreed amount. The collection charges are 15% of the agreed amount and at least €45 euros.
5. MoJoy Webdesign has the right to refuse placed orders that, based on our judgement, appear to be placed by customers trying to redistribute or resell the products.
6. Upon payment, the customer is redirected to an external payment platform, over which MoJoy Webdesign has no control and is not liable for any problems or disputes.
7. MoJoy Webdesign offers an option to pay in monthly instalments (total amount of the product divided by the number of agreed instalments). This payment will be done by automatic collection. If there is a delay in payment (30 days after the expiration of the legal term of payment), MoJoy Webdesign is entitled to claim the legal interest and incurred legal costs and/or collection costs. The legal interest amounts to 8% of the invoice amount ex VAT. The collection costs amount to 15% of the amount ex VAT and minimum €40,-.
8. In case the customer and MoJoy Webdesign make an agreement to purchase website templates, the customer has to pay this amount in one time or by instalments. The customer chooses his own method of payment. The payment takes place via Plug & Play and will be debited automatically from the customer's bank account by means of a direct debit.
9. In case the customer enters into an agreement for custom web design, the customer must pay 25% of the agreed amount in advance as a down payment. The terms of payment for the remaining amount will be agreed jointly. The client has the option of paying in one, two or three instalments. The remaining amount will be invoiced on the day of delivery.
MoJoy Webdesign guarantees that the products fulfil the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal conditions and/or official regulations on the date of the realisation of the agreement.
1. MoJoy Webdesign is not liable for damage which can result from the use of the products and/or services delivered by MoJoy Webdesign.
2. MoJoy Webdesign is not responsible for damage caused by given information and/or delivered material to the customer.
3. MoJoy Webdesign is not liable for indirect damage, among which, but not limited to, consequential damage, loss of profit, company damage, missed savings, mutilated or lost data or materials and/or stagnation damage, which the customer might suffer due to defects in the purchased product.
4. In case of a culpable shortcoming, MoJoy Webdesign should first be given written notice of default, with a reasonable term to still fulfil her obligations, or to repair possible mistakes or to limit or remove damage.
5. Correspondence and/or delivery will take place via email and internet. The customer is responsible for providing MoJoy Webdesign with the correct e-mail address. Furthermore, the customer is responsible for the correct configuration of his/her computer and possible programs, so that the sent messages and digital products can be received.
6. When transferring domain names there is a risk of data loss, this does not exclusively include e-mail data or general data. The customer is responsible for making a backup before the transfer takes place. MoJoy Webdesign can not be held responsible for the loss of data.
7. MoJoy Webdesign is not liable for damages resulting from errors or malfunctions in the used software (Showit) or hacked websites.
8. It is the customer's responsibility to execute the instructions of MoJoy Webdesign to due diligence. MoJoy Webdesign uses example images, which are only meant for demonstration purposes. The customer in no case acquires the right of use and should immediately replace these images for his or her own, of which the customer has the right of use. A possible infringement of the copyright of third parties is not the responsibility of MoJoy Webdesign.
9. The customer exempts MoJoy Webdesign from all damages which arise later than one year after the execution of the agreement.
10. MoJoy Webdesign is not liable for damages caused by possible partners of MoJoy Webdesign. These partners execute their activities under their own responsibility for the customer.
1. Force majeure means: an unforeseen circumstance, independent of the will of the parties, through which the fulfilment of the agreement can not reasonably be expected from the other party. Force majeure does not exclusively mean: computer failures, computer defects, government measures, illness or death of the person himself or relatives.
2. MoJoy Webdesign and its customer have the right to temporarily move the execution of the agreement in case of force majeure.
3. If the customer is temporarily unable to fulfill the payment obligation, the start date of the agreement may be moved.
4. Should force majeure prove to be of a long-term nature, the parties have the option to cancel the agreement. At cancellation of the agreement, the customer remains indebted for the already delivered work of MoJoy Webdesign. All still existing mutual obligations will expire.
5. In case of force majeure, MoJoy Webdesign and the customer will search together for a suitable solution. It is possible to deviate from what is stated in these terms and conditions.
1. All rights of intellectual property concerning the offer and the website of MoJoy Webdesign belong exclusively to MoJoy Webdesign.
2. All digital products of MoJoy Webdesign are copyrighted. Therefore it is not allowed without written permission to copy, spread or commercially exploit the purchased digital products or services for other purposes than for which MoJoy Webdesign has given explicit permission.
3. The customer is not allowed to remove or change the brand- or identification marks placed on the material and/or any indications concerning copyrights, nor to change or copy the concerning material or any part of it, nor to damage in any way or take unjustified advantage of the reputation of and the rights of MoJoy Webdesign.
4. In case third-party images are used in the products for demo applications, they should be replaced by the customer at all times after purchase in order to respect the copyright of the photographer. MoJoy Webdesign accepts no liability in case the customer violates this condition.
5. It is not allowed to create "derivative works" without written permission by modifying the downloads and then distributing or commercially exploiting them.
6. Acting in violation of the terms of this article results in an obligation to pay damages to the copyright owner. The amount of damages shall be calculated on the basis of the amount that the rights owner could have counted on in a comparable, lawful situation.
Cancellation of the agreement
1. MoJoy Webdesign has the right to cancel the agreement in case the customer does not fulfil his or her payment obligation, shows misbehaviour, there is good reason to believe that the customer will not fulfil his or her obligations, or if the customer abuses MoJoy Webdesign, e.g. by buying services with the purpose of multiplying or reselling them to third parties.
2. The customer has the right to cancel the agreement in case MoJoy Webdesign imputably fails to fulfil the agreement.
3. Before the agreement is cancelled, the other party should be given a reasonable time to repair the existing defects.
4. Cancellation of the agreement expires all still existing obligations. The customer remains liable to pay the amount already agreed upon. The customer shall receive a refund to the extent not delivered.
5. Cancellation must be agreed and recorded in writing.
1. In case of complaints, a customer should first turn to MoJoy Webdesign.
2. Complaints about the execution of the agreement must be made to MoJoy Webdesign completely and clearly described within 7 days, after the customer has found the defects.
3. Submitted complaints will be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, MoJoy Webdesign will reply within the 14-day period with a notice of receipt and an indication when the customer can expect a more detailed answer.
4. Submitting a complaint will in no way affect the customer's payment obligation, unless explicitly agreed upon otherwise.
1. The customer is responsible for the monthly fees of Showit and purchasing a domain name.
2. Upon purchase of a template, the customer will receive an access code to download the template. This code may not be shared, resold or otherwise distributed.
1. Before going to court, the parties will try their utmost to reach a mutually acceptable solution.
2. On agreements between MoJoy Webdesign and the customer, to which these terms and conditions apply, exclusively Dutch law is applicable, also in case the customer lives abroad.
3. All disputes between parties will exclusively be brought to a competent judge in the Netherlands. The applicable law will apply.
Modification of the terms and conditions
1. MoJoy Webdesign can modify these terms and conditions at all times. The modified version will take effect as soon as it is placed on the website. In that case, the modified terms and conditions will be part of every subsequent agreement.
2. Changes in the general terms and conditions during an existing agreement are only applicable on already existing agreements in case the other party agrees.
3. Amendments to the agreement shall always be made in consultation.
Questions about these terms and conditions can be asked by contacting us via e-mail at email@example.com.