Terms and conditions
TERMS AND CONDITIONS THE MIMOSA COMPANY
Table of Content
- Article 1 - Definitions
- Article 2 - Identity of the supplier
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The remote agreement
- Article 6 - Right of withdrawal
- Article 7 - Consumers obligations during the cooling-off period
- Article 8 - Exercising the right of withdrawal by the consumer and the related costs
- Article 9 - Obligations of the supplier in the case of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance
- Article 13 - Delivery and fulfilment
- Article 14 - Payment
- Article 15 - Complaints procedure
- Article 16 - Disputes
- Article 17 - Additional provisions: the website
- Article 18 - Additional provisions: legality of products
- Article 19 - Additional provisions: medical claims
Article 1 - Definitions
In these Terms and Conditions, the terms listed below shall have the following definitions:
1. Cooling-off period: the term during which the consumer can exercise the right of withdrawal;
2. Consumer: a person not dealing as or on behalf of a company or business and who enters into a remote agreement with the supplier;
3. Day: calendar day;
4. Data storage device: any tool that allows the consumer or supplier to store information directed to him personally in such a manner that it makes future consultation and unmodified reproduction of the stored information possible;
5. Right of withdrawal: the possibility for the consumer to -within the cooling off period- opt out of the remote agreement;
6. Standard withdrawal form: the form made available by the supplier to be completed by the consumer if he wants to exercise his right of withdrawal;
7. Supplier: the party referred to in article 2 of these general terms and conditions;
8. Remote contract: an agreement based on a corporate organised system set up by the supplier for the remote sales of products, including reaching an agreement, using one or more techniques of electronic communication;
9. Technology for electronic communication: a tool that can be used to enter into a contract, without the necessity for the consumer and the supplier to be in the same place at the same time simultaneously;
10.Terms and Conditions: these Terms and Conditions of the supplier.
Article 2 - Identity of the supplier
Conexión Mexicana B.V. (operator of the webshops solshine-ecofoods.com, solshinebotanicals.com & mimosacompany.com)
Registered address (no visitor's address):
Eurokade 21, 1060RZ
Amsterdam, The Netherlands
Telephone number: 085 - 2083800 (limited availability by phone, between 9:00 am - 5:30 pm)
Email address: firstname.lastname@example.org
Chamber of Commerce number: 70576769
VAT number: NL858380559B01
Article 3 - Applicability
1. These terms and conditions apply to every offer made by the supplier, every remote contract between the supplier and a consumer and thus every order, placed in the context of a remote agreement, by the consumer with the supplier.
2. Before the remote agreement takes effect, the Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the supplier will indicate how the consumer can obtain a copy from at the supplier and that the terms and conditions can also be sent to the consumer free of charge at his/her request.
3. In case of the remote agreement being entered into electronically, it is possible, notwithstanding the previous paragraph and before the remote agreement takes effect, for the Terms and Conditions to be made available to the consumer electronically in such a way that it can easily be stored on a data storage device. If this is not reasonably possible, the consumer will be advised about where the Terms and Conditions can be found electronically and that they can be sent electronically or otherwise free of charge at the consumer's request, before the remote agreement takes effect.
4. In the event that, in addition to these Terms and Conditions, specific product conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the consumer may rely on the applicable provision that is most favourable to him.
5. When one or more provisions of these Terms and Conditions are, in whole or partially, null and void, the agreement and the remainder of these Terms and Conditions will keep their validity and the relevant provision shall be replaced by mutual agreement without delay by a provision that is as close to the original provision as possible.
6. Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these Terms and Conditions.
7. Lack of clarity about the interpretation or content of one or more provisions of our Terms and Conditions, must be explained ‘in spirit’ of these Terms and Conditions.
Article 4 - The Offer
1. If an offer is of limited duration or subject to certain conditions, this shall be explicitly stated in the offer.
2. The offer is without obligation to the supplier. The supplier is entitled to change and modify the offer.
3. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable the consumer to assess the offer being made adequately. If the supplier uses images, he will ensure that they are a true reflection of the products offered. Obvious errors or mistakes in the offer do not bind the supplier.
4. Images of products provide a true representation of the actual products to be supplied, however the supplier cannot not guarantee the colours displayed in the images to exactly match the actual colours of the products.
5. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- - the price including taxes;
- - any costs of delivery, if applicable;
- - how the agreement will take effect and which actions are required to make this happen;
- - method of payment, delivery and execution of the agreement;
Article 5 - The remote agreement
1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and has fulfilled the terms and conditions set.
2. If the consumer accepts the offer electronically, the supplier promptly confirms the order by electronic means. As long as the supplier hasn't confirmed the said acceptance, the consumer can renounce the contract.
3. If the contract is entered into electronically, the supplier shall take appropriate technical and organisational security measures needed for the electronic data transfer and will ensure a secure web environment. If the consumer has the option to pay electronically, the supplier shall take appropriate security measures.
4. The supplier may, within his legal limits, gather information regarding the consumer’s ability to fulfil his payment obligations, as well as all the aspects that are relevant to responsibly entering into the remote agreement. If the investigation gives the supplier sound reason to not enter into the agreement, the supplier is entitled to give motivated reasons to refuse an order or request, or to add special conditions to the execution of the agreement.
5. All agreements are entered into under the deferred condition of sufficient availability of the products in question.
Article 6 - Right of withdrawal
1. The consumer can withdraw from the remote agreement within 14 days without any given reason. The supplier may ask for the reason of the withdrawal, but the consumer is not obliged to share his reasoning.
2. The 14-day period referred to in sub-section 1 shall commence on the day after the consumer, or an in advanced by the consumer appointed third party, not being the party who is responsible for the delivery, receives the product, or:
- a. in case the consumer ordered multiple products in the same order: the day the consumer, or an in advanced by the consumer appointed third party, has received the last product. The supplier is allowed to, providing that he clearly informed the consumer about it prior to the purchase, refuse an order of multiple products with a different delivery time.
- b. in case the delivery of the product contains of multiple shipments or parts: the day on which the consumer, or an in advanced by the consumer appointed third party, received the last shipment or part;
- c. in case of a remote agreements for the regular delivery of products during a certain period of time: the day on which the consumer, or a third party appointed by him, has received the first product.
Article 7 - Consumers obligations during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the function of the product. The leading principle is that the consumer may only handle and inspect the product in the way in which one may do so in a shop.
2. The consumer is only liable for the decrease in value of the product that is caused by a way of handling the product which went further than allowed in sub-section 1.
Article 8 - Exercising the right of withdrawal by the consumer and the related costs
1. If the consumer wishes to use his right of withdrawal, he will report this to the supplier, within the cooling-off period, by using the standard withdrawal form or in any other clear way.
2. As soon as possible, but at least within 14 days of the day following the notification referred to in sub-section 1, the consumer shall return the product, or hand it over to (an authorized representative of) the supplier. This is not necessary if the supplier has offered to collect the product. The consumer is considered to have met the return requirements with regards to the timeframe in which he is allowed to return, if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all its supplied parts, in the original condition and packaging, if reasonably possible, and in accordance with the reasonable and clear instructions provided by the supplier.
4. The risk and proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the supplier fails to report to the consumer that these costs are for the consumer, or if the supplier indicates to bear the cost himself, the consumer does not have to bear those costs.
6. If the Consumer exercises his right of withdrawal, all additional agreements will automatically adjourn.
Article 9 - Obligations of the supplier in case of withdrawal
1. In case the supplier allows the consumer to electronically notify him of the withdrawal, the supplier shall, after he has received the notification, immediately send an acknowledgement of receipt to the consumer.
2. The supplier shall reimburse all amounts paid by the consumer, including any delivery costs charged by the supplier for the returned product, without delay but at least within 14 days following the date on which the consumer notified the supplier of the withdrawal. Unless the supplier offers to pick up the product himself, he may wait with the reimbursement until he has received the product or the consumer demonstrates to the supplier that he has returned the product, whichever comes first.
3. The supplier shall use the same means of payment used by the consumer for the reimbursement unless the consumer agrees to another payment method. No costs shall be incurred by the consumer for the reimbursement.
4. If the consumer has opted for a more expensive method of shipping than the standard shipping method, the supplier does not have to reimburse the consumer for the additional cost of the more expensive method.
5. In the event that the consumer wishes to return only part of the products, the supplier will reimburse the cost of the returned products excluding delivery costs charged by the supplier.
Article 10 - Exclusion of the right of withdrawal
The consumer's right of withdrawal shall not apply to:
a. the supply of products which are not suitable to be returned due to health protection or hygiene reasons and of which the seal has been broken after delivery. This includes the delivery of consumables;
b. the delivery of products that decay quickly or are considered to have a shelf life that is too limited for returning;
c. a remote agreement for which the right of withdrawal is otherwise excluded by virtue of Section 6.5.2B of the Dutch Burgelijk Wetboek (Civil Code).
Article 11 - The price
1. Price increases within 3 months after the commencement date of the agreement are permitted only if they are the result of legislative rules and regulations.
2. Price increases from 3 months after the commencement date of the agreement are only permitted if the supplier has stipulated this as a possibility and:
a. they are the result of legislative rules and regulations; or
b. the consumer has the faculty to terminate the agreement on the day on which the price increase takes effect.
3. The prices displayed in the offer are inclusive of VAT.
4. All prices are subject to printing and typing errors. Liability is excluded for the consequences of printing and typing errors. The supplier is not obligated to deliver the product at the erroneous displayed price in the case of printing and typing errors.
Article 12 - Compliance
1. The supplier warrants that the products comply with the remote agreement, the specifications set out in the offer, the reasonable requirements of reliability and / or usability and the on the start date of the remote agreement existing legal rules and / or government regulations. If agreed, the supplier also states that the product is suitable for other than normal use.
2. A warranty given by the supplier, manufacturer or importer will not limit the legal rights the consumer has nor the claims that the consumer may enforce against the supplier pursuant to the remote agreement.
3. The supplier is however never responsible for the suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Article 13 - Delivery and fulfilment
1. The supplier will take the greatest possible care in receiving and fulfilling the orders.
2. The place of delivery is the address that the consumer has provided to the supplier.
3. Taking into account the stipulations of sub-section 4 of this article, the supplier shall execute accepted orders with proficient speed but at the latest within 30 days, unless a longer period was agreed upon with the consumer. If the delivery is delayed, or if an order cannot be delivered or can only be partially delivered, the consumer shall be informed about this within 30 days after placing the order. In such cases, the consumer has the right to terminate the remote agreement free of charge. The consumer is not entitled to a compensation that extends beyond the refund or remission of the payment of the placed order.
4. All delivery lead times stated by the supplier are indicative. The consumer cannot gain any rights from these delivery times. Exceeding a term does not give consumers the right to compensation, unabated the provisions in the last sentence of sub-section 3 of this article.
5. In case of termination in accordance with sub-section 3 of this article, the supplier shall reimburse the amount paid by the consumer, if any, without delay, but no later than 14 days after the termination.
6. In case the delivery of a product proves to be impossible, the supplier will attempt to provide a replacement product. At the time of delivery at the latest, it will be clearly conveyed that a substitute article is delivered. The right of withdrawal cannot be excluded for substitute articles. The costs of any applicable return shipments shall be borne by the supplier.
7. The risk of damage to and/or loss of products rests upon the supplier until the product has been delivered to the consumer, or an in advanced by the consumer indicated third party, unless explicitly agreed otherwise.
Article 14 - Payment
1. Payment must occur by one of the payment methods specified for this purpose by the supplier.
2. Consumers shall never be obliged by any terms and conditions to pay more than 50% of the purchase price in advance. When payment in advance is a condition, the consumer has no right towards the execution of the order before the payment has been made.
3. The consumer has a duty to notify the supplier immediately of any inaccuracies in provided or stated payment details.
4. In case of non-payment, the supplier has the right, subject to legal restrictions, to charge any reasonable costs which have been announced to the consumer in advance.
5. In case the consumer fails to meet his payment obligation in time, he owes, after having been informed by the supplier of the late payment and the supplier has given the consumer a 14-day period to meet his payment obligations, after the absence of payment within this 14-day period, the legal interest on the remaining amount and the supplier is entitled to charge the consumer the legal collection fees incurred by him. This collection fee amounts to a maximum of 15% on outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The supplier may deviate from the aforementioned amounts and percentages in favour of the consumer.
6. In the event of a wrongful or unfair credit card chargeback by the consumer, the payment obligation will remain. In addition to the legal collection fees described in sub-section 5, any additional costs incurred by the wrongful or unfair credit card chargeback will be charged to the consumer.
Article 15 - Complaints procedure
1. Complaints about the fulfilment of the remote agreement should be clearly described and fully submitted to the supplier, by email or mail, within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to the supplier shall be responded to within a period of 14 days after the date of receipt. Should a complaint foreseeably require a longer time for handling, the supplier shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
3. If the complaint cannot be resolved harmoniously, a dispute arises that will be subject to the dispute resolution.
4. In case of complaints, a consumer must first turn to the supplier. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), they offer free mediation. Should no solution be reached by then, the consumer has the possibility to submit the complaint to an independent arbitration committee appointed by Stichting WebwinkelKeur; the decision of which is binding. Both the supplier and the consumer acknowledge to agree with this binding ruling. There are costs involved in submitting a dispute. The consumer is responsible for the costs of the arbitration. It is also possible to submit a case to the European ODR platform (http://ec.europa.eu/odr).
5. A complaint does not adjourn the supplier’s obligations, unless otherwise indicated by the supplier, in writing.
6. If a complaint regarding a defect of a product is well-founded, the supplier will replace the supplied products free of charge.
Article 16 - Disputes
1. On agreements between the supplier and the consumer, that are bound by these terms and conditions, Dutch law applies exclusively, even if the consumer resides abroad.
2. The Vienna Convention does not apply.
Article 17 - Additional provisions: the website
1. This website uses tracking cookies to track some settings. Without these cookies, the webshop cannot function optimally. General website statistics are also being tracked. It is possible to disable cookies using the settings of the web browser, but this may limit the functionality of the website.
2. All illustrations, photos, design, texts and logos on the website of the supplier are subjected to copyright. The distribution, publication and use for commercial purposes is strictly prohibited without prior written permission from the supplier. All rights regarding copyright are reserved by the supplier.
Article 18 - Additional provisions: legality of products
1. The products offered on the website of the supplier all have a legal status, which means that their possession and trading in the Netherlands is legally permitted. The supplier closely monitors the legal status of his products in the Netherlands. The supplier does not send products to countries of which he knows the products have no legal status there. Per product page, the consumer will find a list indicating for which countries the supplier has a shipping restriction for the product. The supplier will under no circumstances send a product to countries for which such a shipping restriction applies.
2. No rights can be derived from the lists of shipping restrictions with regard to the legal status of a product in the country of the consumer. The countries listed on the product pages for which shipping restrictions apply are not exhaustive. The supplier does not provide any guarantee for the current legal status of a sold product in the country of the consumer. The supplier uses shipping restrictions based on the data known to him, but cannot guarantee that the information on his website about the legal status of his products outside the Netherlands is always complete and up-to-date. The supplier does not and will not in any way incite the illegal use of his products. The consumer therefore accepts his own responsibility to inform himself in advance about the laws, import regulations and customs regulations that apply in his country for the ordered products and declares when placing his order that the import of the products ordered is legal and permitted in his country. In case of doubt about the legal status of a product in the country of the consumer, the supplier advises the consumer to consult a specialized lawyer.
3. The information provided by the supplier about the products supplied by him on his website or via links and / or other websites, or the information given by employees of the supplier by telephone, e-mail or any other means of communication, has a strictly educational and informative purpose. This information should never be regarded as a recommendation to process, treat or use the product in such a way that it obtains an illegal status. Such use of the supplier's products is entirely at the consumer's own risk.
4. The supplier does not pretend in any way that the information provided on his website is accurate, complete and / or up-to-date. The consumer accepts full liability for any injury, damage, punitive measures, loss of income or property resulting from the purchase, consumption, use and / or abuse of a product supplied by the supplier. The supplier's company and its owners, representatives and employees are in no way responsible for the use of the products by the customers or the direct consequences of that use.
Article 19 - Additional provisions: medical claims
1. The supplier does not claim in any way that his products are suitable for treating, curing or preventing any illness or condition. The supplier does not supply medication and does not give medical advice.