Terms & Conditions MGO

Established on March 14, 2022.

General Terms and Conditions of MGO Leisure Wear B.V., based in Eefde, registered with the Chamber of Commerce under number 78443776.



Article 1 Definitions

In these General Terms and Conditions, the following terms are used in the meanings given below, unless expressly stated otherwise.

General Terms and Conditions: The general terms and conditions as set out below.

MGO Leisure Wear B.V.: MGO Leisure Wear B.V., registered with the Chamber of Commerce under number 78443776.

Distance Selling: The agreement between the other party and MGO Leisure Wear B.V., in which, within the framework of a system organized by MGO Leisure Wear B.V. for distance selling, exclusively one or more techniques for distance communication, such as a website, telephone, or other communication means, are used to conclude the agreement.

Agreement: Any agreement concluded between MGO Leisure Wear B.V. and the other party.

Product: All items that are the subject of the agreement concluded between the other party and MGO Leisure Wear B.V.

Voucher: A value coupon that meets authenticity features, against which the other party receives the product without payment or at a discount.

Other Party: The one who has accepted these general terms and conditions and has purchased the product.



Article 2 Scope of Application

1. These General Terms and Conditions apply to every offer, quotation, and Agreement concluded between MGO Leisure Wear B.V. and the Other Party unless expressly and in writing deviated from these General Terms and Conditions by the parties.
2. These General Terms and Conditions also apply to agreements with MGO Leisure Wear B.V. for the execution of which third parties need to be involved.
3. The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
4. If it is found that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force for all other provisions. In such a case, MGO Leisure Wear B.V. and the Other Party will consult with the aim of agreeing on new provisions to replace the void or voided provisions.
5. Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with MGO Leisure Wear B.V.



Article 3 Offers

1. Offers are made via the webshops unless urgent circumstances make this impossible.
2. All offers from MGO Leisure Wear B.V. are without obligation. The offer is valid as long as stocks last.
3. MGO Leisure Wear B.V. cannot be held to its offers if the Other Party, in terms of reasonableness and fairness and in prevailing views in social interactions, should have understood that the offer or part thereof contains an obvious mistake or error.
4. If the acceptance deviates from the offer included in the offer, whether on minor points or not, MGO Leisure Wear B.V. is not bound to it. The Agreement will then not be concluded in accordance with this deviating acceptance unless MGO Leisure Wear B.V. indicates otherwise.
5. A composite price quotation does not obligate MGO Leisure Wear B.V. to deliver part of the goods included in the offer at a corresponding part of the stated price.
6. Offers do not automatically apply to future orders or reorders.
7. The Agreement is concluded by timely acceptance by the Other Party of the offer from MGO Leisure Wear B.V.



Article 4 Execution of Agreement

1. MGO Leisure Wear B.V. has the right to have the Agreement executed by third parties.
2. MGO Leisure Wear B.V. has the right to execute the Agreement in phases.
3. If the Agreement is executed in phases, MGO Leisure Wear B.V. has the right to invoice each executed part separately and demand payment for it.
4. If the Agreement is executed in phases, MGO Leisure Wear B.V. has the right to suspend the execution of those parts that belong to the next phase or phases until the Other Party has approved the results of the preceding phase in writing.
5. If and as long as this invoice is not paid by the Other Party, MGO Leisure Wear B.V. is not obliged to execute the next phase and has the right to suspend the Agreement.
6. The Other Party shall provide all data or instructions necessary for the execution of the Agreement or which the Other Party should reasonably understand are necessary for the execution of the Agreement to MGO Leisure Wear B.V. in a timely manner.
7. If the aforementioned data and instructions are not provided or not provided timely, MGO Leisure Wear B.V. has the right to suspend the execution of the Agreement. The additional costs incurred due to the delay are borne by the Other Party.



Article 5 Prices

1. Prices are expressed in euros, including VAT and other government levies unless otherwise indicated.
2. Prices include travel, accommodation, packaging, delivery or shipping costs, and administration costs unless otherwise indicated.
3. A surcharge is charged for shipments abroad, and VAT is shifted. Surcharges are listed in the webshops.
4. MGO Leisure Wear B.V. will timely notify the Other Party of all additional costs before the conclusion of the Agreement or provide data on which these costs can be calculated by the Other Party.



Article 6 Price Change

1. If MGO Leisure Wear B.V. agrees on a fixed price with the Other Party at the conclusion of the Agreement, MGO Leisure Wear B.V. is entitled to increase the price even if the price was originally not given subject to reservation.
2. If MGO Leisure Wear B.V. intends to change the price, it will notify the Other Party as soon as possible.
3. If a price increase occurs within three months after the conclusion of the Agreement, the Other Party can dissolve the Agreement by means of a written statement unless:
- the price increase results from a power or obligation imposed on MGO Leisure Wear B.V. by law;
- MGO Leisure Wear B.V. is still willing to execute the Agreement based on the originally agreed conditions;
- it is stipulated that the delivery will take place more than three months after the purchase.
4. The Other Party has the right to dissolve the Agreement if the price is increased more than three months after the conclusion of the Agreement, unless it was stipulated in the Agreement that the delivery will take place more than three months after the purchase.



Article 7 Distance Selling

1. In the case of Distance Selling, delivery must take place within thirty calendar days at the latest.
2. In the case of Distance Selling, MGO Leisure Wear B.V. has the right to require the Other Party to prepay up to 50 percent of the price.
3. In the case of Distance Selling, the Other Party has the right to revoke the Agreement within fourteen calendar days after receiving the goods delivered by MGO Leisure Wear B.V. without giving any reason.
4. In the case of Distance Selling, the Other Party has the right to revoke the Agreement after thirty calendar days if MGO Leisure Wear B.V. has not delivered the product within thirty calendar days unless the parties have agreed on a different delivery period.
5. If MGO Leisure Wear B.V. has not fulfilled its information obligation or has not provided data in the correct form, the Other Party has the right to dissolve the Agreement within three months after receiving the goods delivered by MGO Leisure Wear B.V. without giving any reason. If MGO Leisure Wear B.V. still fulfills the information obligation within these three months, the period of fourteen calendar days will start the day after MGO Leisure Wear B.V. has fulfilled this obligation.
6. If the Other Party has used its right of withdrawal, it is obliged to return the goods within 30 calendar days because the Other Party has informed MGO Leisure Wear B.V. that it revokes the agreement.
7. If the goods are not deliverable, MGO Leisure Wear B.V. will inform the Other Party as soon as possible and will refund the prepaid amount within fourteen calendar days at the latest. If MGO Leisure Wear B.V. and the Other Party agree that an item of similar quality and price may be delivered, the shipping costs for returning will be borne by MGO Leisure Wear B.V. The foregoing only applies if the Other Party uses its right of dissolution during the reflection period.
8. The provisions of this article do not apply if the Agreement relates to:
- products whose price is subject to fluctuations in the financial market over which MGO Leisure Wear B.V. has no influence and which occur within the withdrawal period;
- sealed products whose seal has been broken by the Other Party;
- hygienic products whose seal has been broken by the Other Party;
- products that are delivered with the consent of the Other Party within the reflection period;
- products that cannot be returned due to their nature;
- products that spoil or age quickly;
- personalized products;
- custom-made products.



Article 8 Return Policy

1. The Other Party can revoke the Agreement via the standard withdrawal form provided by MGO Leisure Wear B.V. or in a manner chosen by the Other Party.
2. If the Other Party returns the delivered goods, the Other Party must return the goods in proper packaging, with all delivered accessories, and in the original condition. This can be done free of charge with the return form provided by MGO Leisure Wear B.V. The shipping costs for the return are at the risk and expense of the Other Party if the Other Party has chosen a delivery method other than the standard delivery provided by MGO Leisure Wear B.V.
3. The articles must be returned unused, clean, and in their original condition.
4. All tags and labels must be attached to the product as delivered.
5. The products must be in the original shipping packaging and be returned complete.
6.

The return shipment must include the return form.
7. If the Other Party has used its right of withdrawal, MGO Leisure Wear B.V. will refund the full prepaid amount, including the paid shipping costs, within fourteen calendar days after the dissolution of the Agreement.



Article 9 Delivery

1. Delivery takes place by transferring the item to the Other Party. After delivery, the risk of the item transfers to the Other Party.
2. Delivery takes place from MGO Leisure Wear B.V. or at the address provided by the Other Party unless otherwise agreed.
3. The Other Party is obliged to accept the purchased goods at the moment they are handed over unless this entails serious objections or unreasonable costs.
4. If the Other Party refuses to accept the item at the place of delivery or fails to provide data or instructions necessary for delivery, the goods intended for delivery will be stored at the risk and expense of the Other Party after MGO Leisure Wear B.V. has informed the Other Party.



Article 10 Delivery Periods

1. Delivery will take place within a period specified by MGO Leisure Wear B.V. and a maximum of 5 working days.
2. If a term for delivery of the item has been agreed upon or specified, this term is only indicative and never to be regarded as a fatal term.
3. If MGO Leisure Wear B.V. needs data or instructions from the Other Party necessary for delivery, the delivery time begins after the Other Party has provided these to MGO Leisure Wear B.V.
4. In case of exceeding the delivery period, the Other Party must give MGO Leisure Wear B.V. written notice of default, providing MGO Leisure Wear B.V. with a reasonable period to still deliver the item.
5. A notice of default is not necessary if delivery has become permanently impossible or if it has become apparent that MGO Leisure Wear B.V. will not fulfill its obligations under the Agreement. If MGO Leisure Wear B.V. does not proceed with delivery within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and/or claim damages.



Article 11 Transfer of Risk

1. The items that are the subject of the Agreement are for the account and risk of MGO Leisure Wear B.V. until the moment of delivery to the Other Party.
2. The risk of loss, damage, or devaluation of items that are the subject of the Agreement transfers to the Other Party at the moment the items are transferred to the Other Party or a third party designated by the Other Party.



Article 12 Payment

1. Payment takes place by means of digital payment at the time of purchase or delivery unless otherwise agreed.
2. Payment is made in advance. Payment can be made afterward through such providers. If such a provider applies a policy for payments and terms, MGO Leisure Wear B.V. will also follow that policy.
3. Payment afterward must be made within 30 days after the invoice date, in a manner indicated by MGO Leisure Wear B.V. and in the currency invoiced unless otherwise agreed.
4. MGO Leisure Wear B.V. and the Other Party can agree that payment will be made in installments. If payment in installments is agreed, the Other Party must pay according to the terms and percentages specified in the Agreement.
5. The Other Party is not authorized to deduct any amount from the amount owed due to a counterclaim stated by the Other Party.
6. Objections to the amount of the invoice do not suspend the payment obligation.
7. After 30 days from the invoice date, the Other Party is in default without a notice of default. The Other Party owes interest of 2% per month on the payable amount from the moment of default, unless the statutory interest rate is higher.
8. In the event of bankruptcy, suspension of payment, or guardianship, the claims of MGO Leisure Wear B.V. and the obligations of the Other Party towards MGO Leisure Wear B.V. are immediately due and payable.



Article 13 Voucher

1. A Voucher can only be used at MGO Leisure Wear B.V.
2. The Other Party must carefully store a Voucher. No compensation will be provided in case of theft or loss.
3. A voucher is only valid during the validity period. The validity period is stated on the Voucher.
4. Vouchers cannot be returned or exchanged for cash.
5. In the case of Distance Selling, vouchers can be returned within fourteen days. After this period, vouchers cannot be returned or exchanged for cash.



Article 14 Retention of Title

1. All items delivered by MGO Leisure Wear B.V. under the Agreement remain the property of MGO Leisure Wear B.V. until the Other Party has properly fulfilled and fully paid what is owed under the Agreement.
2. The amount owed also includes the reimbursement of all costs and interest, including those of previous and subsequent deliveries and services provided, as well as claims for damages due to non-compliance.
3. As long as the ownership of the delivered items has not been transferred to the Other Party, the Other Party may not sell, pledge, or encumber the items subject to retention of title, except within the normal exercise of their business.



Article 15 Suspension and Dissolution

1. If the Client fails to fulfill an obligation under the Agreement, fails to do so completely, fails to do so on time, or fails to do so properly, MGO Leisure Wear B.V. has the right to suspend its obligations and/or is entitled to dissolve the Agreement with immediate effect. Furthermore, MGO Leisure Wear B.V. is entitled to suspend its obligations and/or dissolve the Agreement with immediate effect if:
2. circumstances come to the attention of MGO Leisure Wear B.V. after the conclusion of the Agreement that give good reason to fear that the Client will not fulfill their payment obligation;
3. the Client has a payment arrears of more than two months;
4. the Client is declared bankrupt, files for suspension of payment, requests the application of debt restructuring for natural persons, or is confronted with a seizure of their property.
5. Dissolution takes place in writing and without judicial intervention. If the Agreement is dissolved, the claims of MGO Leisure Wear B.V. on the Client are immediately due and payable.



Article 16 Force Majeure

1. A failure cannot be attributed to MGO Leisure Wear B.V. or the Other Party if the failure is not due to their fault, nor is it attributable to them under the law, legal act, or generally accepted views. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
2. Force majeure in these General Terms and Conditions means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which MGO Leisure Wear B.V. has no influence and which prevent MGO Leisure Wear B.V. from fulfilling its obligations.
3. Circumstances considered as force majeure include: strikes, lockouts, fire, water damage, natural disasters, or other external disasters, mobilization, war, traffic obstructions, blockades, import or export restrictions, or other government measures, stagnation or delay in the supply of raw materials or machine parts, lack of workforce, and any circumstance that hinders the normal course of business, making the fulfillment of the Agreement by MGO Leisure Wear B.V. in all reasonableness not to be demanded from the Other Party.
4. MGO Leisure Wear B.V. also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after MGO Leisure Wear B.V. should have fulfilled its commitment.
5. In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
6. Both MGO Leisure Wear B.V. and the Other Party can suspend the obligations under the Agreement in whole or in part during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect by means of written notification without judicial intervention, without the parties being able to claim any compensation.
7. If the situation of force majeure is temporary, MGO Leisure Wear B.V. reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the case of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.
8. If MGO Leisure Wear B.V. has already partially fulfilled its obligations under the Agreement at the time the force majeure occurs or will be able to fulfill them, and the part that has been or will be fulfilled has independent value, MGO Leisure Wear B.V. is entitled to separately invoice the part that has already been fulfilled or will be fulfilled. The Other Party is obliged to pay this invoice as if it were a separate Agreement.



Article 17 Guarantees

1. MGO Leisure Wear B.V. guarantees that the delivered goods comply with the Agreement. MGO Leisure Wear B.V. also guarantees that the delivered goods meet the usual requirements and standards that can reasonably be expected and that the goods have the properties needed for normal use.
2. The warranty specified in these General Terms and Conditions applies to use within and outside the Netherlands.
3. The warranty is valid for a period of 6 months from the time of delivery unless otherwise required by the nature of the delivered goods or unless the parties have agreed otherwise. After the warranty period, all costs for repair or replacement, including administration, shipping, and travel expenses, will be charged to the Other Party.
4. If the delivered item was produced by a third party, the warranty provided by this third party applies, unless otherwise indicated.
5. If the delivered Product does not comply with the warranty, MGO Leisure Wear B.V. will, after notification, replace or repair the Product free of charge within a reasonable period after receipt.
6. When the warranty period has expired, all costs for repair or replacement, including administration, shipping, and travel expenses, will be borne by the Other Party.
7. Any form of warranty lapses if a defect has arisen as a result of or due to improper use or lack of care or if it is the result of changes that the Other Party or third parties have made to the delivered item. MGO Leisure Wear B.V. is also not liable for any damage that may have arisen as a result of these defects.
8. The warranty also lapses if the defect is caused by or the result of circumstances over which MGO Leisure Wear B.V. has no influence. These circumstances include weather conditions.



Article 18 Liability

1. MGO Leisure Wear B.V. is only liable for direct damage resulting from deliberate recklessness or intent on the part of MGO Leisure Wear B.V.
2. MGO Leisure Wear B.V. is never liable for indirect damage, including in any case consequential damage, lost profits, missed savings, business stagnation, or immaterial damage of the Other Party. In the case of consumer purchase, this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. MGO Leisure Wear B.V. is not liable for damage of any kind because MGO Leisure Wear B.V. has relied on incorrect and/or incomplete information provided by the Other Party unless this incorrectness or incompleteness was known to MGO Leisure Wear B.V.
4. The liability calculations included in this article do not apply if the damage is due to intent or gross negligence on the part of MGO Leisure Wear B.V. or its managerial subordinates.
5. If MGO Leisure Wear B.V. is liable for any damage, the liability of MGO Leisure Wear B.V. is limited to the amount up to a maximum of three times the amount stated on the invoice or the amount to which the insurance contracted by MGO Leisure Wear B.V. gives entitlement, increased by the deductible that MGO Leisure Wear B.V. carries according to the insurance.
6. The Other Party must report the damage for which MGO Leisure Wear B.V. can be held liable as soon as possible, but in any case within 10 days after the damage has occurred to MGO Leisure Wear B.V., on pain of forfeiture of any right to compensation for this damage.
7. Any claim for liability against MGO Leisure Wear B.V. lapses within one year after the Other Party has become aware of the damage-causing event or reasonably could have been aware of it.



Article 19 Indemnification

1. The Other Party indemnifies MGO Leisure Wear B.V. against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Other Party.
2. If MGO Leisure Wear B.V. is held liable by third parties, the Other Party is obliged to assist MGO Leisure Wear B.V. both outside and in court. All costs and damage on the part of MGO Leisure Wear B.V. and third parties are further at the expense and risk of the Other Party.



Article 20 Limitation Period

1. For all claims against MGO Leisure Wear B.V. and any third parties engaged by MGO Leisure Wear B.V., a limitation period of one year applies, deviating from the statutory limitation periods.
2. The foregoing does not apply to claims based on the fact that the delivered item does not comply with the Agreement. In this case, the claims will lapse two years after the Other Party has informed MGO Leisure Wear B.V. of the defect of the delivered item.



Article 21 Intellectual Property

1. MGO Leisure Wear B.V. reserves the rights and powers that it is entitled to under the Copyright Act and other intellectual property laws and regulations.
2. MGO Leisure Wear B.V. reserves the right to use the knowledge gained from the execution of the work for other purposes, provided that no confidential information is disclosed to third parties.



Article 22 Newsletter

1. The Other Party can subscribe to the newsletter.
2. The newsletter keeps the Other Party informed of the latest news and the most recent developments.
3. The Other Party receives the newsletter by post and email.
4. The Other Party can unsubscribe from the newsletter at any time in writing or via the hyperlink. The Other Party will then no longer receive any messages.



Article 23 Amendment of General Terms and Conditions

1. MGO Leisure Wear B.V. has the right to unilaterally amend these general terms and conditions.
2. Amendments also apply to agreements already concluded.
3. MGO Leisure Wear B.V. will inform the Client by email of the changes.
4. The changes to the general terms and conditions will take effect thirty days after the Client has been informed of the changes.
5. If the Client does not agree with the announced changes, the Client has the right to dissolve the agreement.



Article 24 Applicable Law and Disputes

1. All legal relationships to which MGO Leisure Wear B.V. is a party are exclusively governed by Dutch law. This also applies if an obligation is wholly or partially performed abroad or if the Other Party resides abroad.
2. The court in the Gelderland district has exclusive jurisdiction to hear any dispute.



Article 25 Location

These General Terms and Conditions have been filed with the Chamber of Commerce under number 78443776.



Company Information

Online store trading under the name:

MGO Leisure Wear B.V.

Zutphenseweg 47G
7211 EB Eefde
Netherlands
(Note: not a return address)

Phone: +31 20 716 3500
Contact form: click here. Questions will be answered within one working day.

Trade register (KVK): 78443776
VAT number: NL861399560B01

Return Address:

Monta - ToExplore

Weide 30
4206CJ Gorinchem
Netherlands