Terms of service

General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can exercise his 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;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.

Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space.

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 - Identity

Registration:
MIVANDO
Beringstraat 30, 3190 Boortmeerbeek, Belgium
VAT ID - VAT BE0820053539
Email address: info@mivando.nl

Article 3 - Applicability

These general terms and conditions apply to every offer of 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 is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer as soon as possible free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

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

Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our general terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

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

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

the price including taxes;

any costs of shipping;

the manner in which the contract will be concluded and what actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the contract;

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

The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication technique used;

whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check and, if necessary, correct the data provided by him in the context of the contract;

all other languages in which the contract can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

The minimum duration of the distance contract in the case of an extended transaction. Optional: available sizes, colors, type of materials.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

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

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds not to enter into the contract based on this investigation, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;

  2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

  3. information about guarantees and existing after-sales service;

  4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract;

  5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive conditions of sufficient availability of the concerned products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of shipment.

If the consumer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.

To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of return shipment are at the most.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer's specifications;

  2. that are clearly personal in nature;

  3. that cannot be returned due to their nature;

  4. that spoil or age quickly;

  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  6. for individual newspapers and magazines;

  7. for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

  2. whose delivery has begun with the express consent of the consumer before the reflection period has expired;

  3. concerning bets and lotteries.

Article 9 - The price

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

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or

  2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

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

Article 10 - Conformity and Warranty

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

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

  1. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

  2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;

  3. The defectiveness is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The company shall exercise the greatest possible care in receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with competent speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the account of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise.

Article 12 - Payment

Unless a different date has been agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period, as referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or mentioned payment details to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

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

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

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only the law of the United Kingdom applies. Even if the consumer lives abroad.