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Terms & Conditions

General Terms and Conditions Mixour

 

Index:

Article   1 - Definitions

Article   2 - Identity of the trader

Article   3 - Applicability

Article   4 - The offer

Article   5 - The contract

Article   6 - Right of withdrawal

Article   7 - Customers’ obligations in case of withdrawal

Article   8 - Customers who exercise their right of withdrawal and the costs involved

Article   9 - Traders’ obligations in case of withdrawal

Article  10 - Precluding the right of withdrawal

Article  11 - The price

Article  12 - Contract fulfilment and extra guarantee

Article  13 - Delivery and implementation

Article  14 - Extended duration transactions: duration, termination and prolongation

Article  15 - Payment

Article  16 - Complaints procedure

Article  17 - Disputes

Article  18 - Additional or different stipulations

 

Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
  2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
  7. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
  9. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

 

Article 2 - Identity of the trader

Mixour B.V.

Marnixstraat 56-2L, 1015VV, Amsterdam, The Netherlands

Email address: [email protected]

Chamber of Commerce number: 82464014

VAT identification number: NL862480796B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

 

Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

 

Article 5 - The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment.
  4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. The trader will communicate to the consumer via the website or other channels, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
  6. the office address of the trader’s business location where the consumer can lodge complaints;
  7. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
  8. information on guarantees and existing after-sales service;
  9. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
  10. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
  11. if the consumer has a right of withdrawal, the model form for right of withdrawal.
  12. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

Upon delivery of products

  1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
  2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
    1. if the consumer has ordered several products: the day on which the consumer, or a third party

designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.

  1. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
  2. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

 

Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:

  1. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
  2. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.

 

Article 7 - Consumers’ obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
  2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para.
  3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

 

Article 8 - Consumers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
  3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

 

 

Article 9 - Traders’ obligations in a case of withdrawal

  1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
  2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
  3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
  4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 10 - Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
  2. Products subject to rapid decay or with a limited shelf-life;
  3. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
  4. Products that, due to their nature, have been irretrievably mixed with other products;

 

Article 11 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Prices stated in offers of products or services include VAT.

 

Article 12 - Contract fulfilment and extra guarantee

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
  2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
  3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

 

Article 13 - Supply and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

 

 

Article 14 - Complaints procedure

  1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
  3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
  4. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

 

Article 15 - Disputes

  1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.

 

Article 16 - Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

 

 

 

 

Appendix I: Model form for right of withdrawal

 

Model form for right of withdrawal

 

(this form should only be completed and returned if you want to withdraw from the contract)

 

-           To:       [trader’s name]

[trader’s geographic address]

[trader’s fax number, if available]

[trader’s e-mail address or electronic address]

 

-           I/we* herewith inform you that, in respect of our contract regarding

The sale of the following products: [description of the product}*

The delivery of the following digital content: [description of the digital content]*

The supply of the following service: [description of the service]*

 

I/we* exercise our right of withdrawal.

 

 

-           Ordered on*/received on* [date of ordering services or receiving goods]

-           [Consumer(s)’ name]

-           [Consumer(s)’ address]

-           [Consumer(s)’ signature] (only if this form is submitted on paper)

-           [Date]

 

 

*Delete or provide supplementary information, as applicable.

 

 

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