Terms and conditions
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 - Consumer’s 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 – Force majeure
Article 15 – Payment
Article 16 – Liability
Article 17 – Retention of title
Article 18 - Confidentiality
Article 19 - Complaints procedure
Article 20 - Disputes
Article 21 - Additional provisions: the website
Article 22 - Additional provisions: legality of products
Article 23 - Additional provisions: medical claims
Article 24 – Additional provisions: Policy regarding narcotics
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. Business Client: any natural or legal person acting in the performance of a profession or business entering into an agreement with the supplier;
4. Client: Consumer or Business Client;
5. Parties: the Supplier and the Client jointly;
6. Day: calendar day;
7. Data storage device: any tool that allows the parties to store information directed to him personally in such a manner that it makes future consultation and unmodified reproduction of the stored information possible;
8. Right of withdrawal: the possibility for the consumer to –within the cooling off period- opt out of the remote agreement;
9. 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;
10. Supplier: the party referred to in article 2 of these general terms and conditions;
11. 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;
12. Agreement: any arrangement or agreement between the Supplier and the Client, which the subject terms and conditions constitute an inextricable part of.
13. Technology for electronic communication: a tool that can be used to enter into a contract, without the necessity for the Client and the supplier to be in the same place at the same time simultaneously;
14. Terms and Conditions: these Terms and Conditions of the supplier.
ARTICLE 2. IDENTITY OF THE SUPPLIER
Conexión Mexicana B.V. (operator of mimosacompany.com)
Registered address (no visitor's address): Wolbrantskerkweg 65, 1069 CL, Amsterdam - The Netherlands
Telephone number: 085 - 2083800 (limited availability by phone, between 9:00 am – 5:30 pm)
Email address: email@example.com
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 parties and thus every order of the Client, placed in the context of a remote agreement, with the supplier.
2. Before the remote agreement takes effect, the Terms and Conditions will be made available to the Client. If this is not reasonably possible, the supplier will indicate how the Client can obtain a copy from at the supplier and that the terms and conditions can also be sent to the Client 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 Client electronically in such a way that it can easily be stored on a data storage device. If this is not reasonably possible, the Client.
4. 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 Client's request, before the remote agreement takes effect.
5. 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.
6. 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.
7. Any terms and conditions used by the Client are expressly rejected. Deviations of any kind on these terms and conditions are excluded unless explicitly agreed otherwise in writing.
8. If the Supplier permits deviations from these general terms and conditions, whether or not tacitly, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these terms and conditions. The Client can never (cause to) assert any right on the grounds that the Supplier applies these terms and conditions flexibly.
9. Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these Terms and Conditions.
10. 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.
11. These terms and conditions also apply in situations where the Supplier involves third parties in the performance of the agreement.
12. The Supplier reserves the right to change these conditions at any time. With the applicability of these general terms and conditions, the applicability of all previous (versions of) general terms and conditions will lapse.
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 and can be revoked. 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 Client 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 the relevant actions required;
- method of payment, delivery and execution of the agreement;
6. If a quotation is made to a Business Client, the prices stated are excluding VAT and other government levies, as well as any costs to be incurred under the assignment, including postage and administrative costs, unless stated otherwise.
ARTICLE 5. THE REMOTE AGREEMENT
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Client has accepted the offer and has fulfilled the terms and conditions set.
2. If the Client 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 Client 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 Client’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. CONSUMER’S 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 handling method of the product beyond the provisions 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.
6. In the event that the consumer wishes to return only part of the order, the supplier will refund the costs 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 Burgerlijk 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. Prices increases from 3 months after the commencement date of the agreement are only permitted if the supplier has stipulated this as an option and:
a. they are the result of legislative rules and regulations; or
b. the consumer has the authority 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 print and typing errors. Liability is excluded for the implications of print and typing errors. The supplier is not obligated to deliver the product at the price stated by error in the case of print 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, service provider, manufacturer or distributer will not limit the legal rights the consumer has and claims that the Client may have against the supplier pursuant to the remote agreement.
3. Any defects or incorrectly delivered products must be reported to the supplier in writing within 2 working days after delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty period of the supplier corresponds to the factory warranty period. However, the supplier is never responsible for the ultimate suitability of the products for each individual application by the Client, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
a. The Client has repaired and/or processed the delivered products by himself or has them repaired and/or processed by third parties;
b. The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are in conflict with the instructions of the supplier and/or have been handled on the packaging;
c. The defect 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 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 Client 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 least within 30 days, unless a longer period was agreed upon. If the delivery is delayed, or if an order cannot be delivered or can only be partially delivered, the Client 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 Client 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 Client cannot gain any rights from these delivery times. Exceeding a term does not give the Client 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. FORCE MAJEURE
1. Unforeseen circumstances of any kind, as well as the failure, late or inadequate payment by third parties which the supplier depends on for the execution of the agreement, as a result of which the assignment cannot be performed on time or not without excessive cumbersome effort and/or costs according to objective standards, will apply as force majeure for the supplier. The same applies if the supplier is unexpectedly confronted with illness or accident of its staff and/or third parties, whose replacement cannot reasonably be foreseen in the short term.
2. If one of the cases referred to in the previous paragraph occurs, the Client will give the supplier the opportunity to still perform the agreed performance in accordance with the agreement within a reasonable term.
3. In case of force majeure, any liability for damage of the supplier for any reason is excluded. The parties will not exercise their right to dissolve the agreement in the event of force majeure until three (3) months after the force majeure has occurred, unless the parties have agreed a longer period for the execution of the agreed performance.
ARTICLE 15. PAYMENT
1. Payment must occur by one of the payment methods specified for this purpose by the supplier.
2. The consumers shall never be obliged 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 Client.
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.
7. Payment of invoices to Business Clients must be made within (14) days of the invoice date, in a manner to be indicated by the supplier in the currency in which the invoice was made.
8. After the period referred to in paragraph 7 has expired, the Business Client will be in default by operation of law without further notice of default being required. The Business Client will be due interest and collection costs on the due amount from the moment of default. For the amount of the collection costs, see subsection 5.
9. In the event of liquidation, bankruptcy or suspension of payment of the Client, the supplier's claims and the Client's obligations in respect of the supplier are immediately due and payable.
10. Payments made by the Client always serve to settle, in the first place, all interest and costs due, secondly, the longest outstanding due and payable invoices, even if the Client states that the payment relates to a later invoice.
11. The supplier is entitled to refuse full payment of the principal sum, if the outstanding and accrued interest as well as the costs are not paid as well.
12. If the Client comprises several (legal) persons or companies, they will be jointly and severally obliged to comply with all obligations under the agreement concluded with the supplier.
ARTICLE 16. LIABILITY
1. If the supplier is liable for damage, then such liability is limited to compensation for direct damage and to a maximum of the invoice amount of the agreement. Direct damage exclusively means:
a. The reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions.
b. Any reasonable costs incurred to have the defective performance of the supplier comply with the agreement, unless these cannot be attributed to the supplier.
2. The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the supplier.
ARTICLE 17. RETENTION OF TITLE
1. As long as the Client has not made full payment for the entire agreed amount, all delivered goods remain the property of the supplier.
ARTICLE 18. CONFIDENTIALITY
1. The supplier will only use the personal data of the Client and provide such data to third parties insofar as this is necessary for the proper execution of the agreement.
ARTICLE 19. 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 Client 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 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 20. DISPUTES
1. On agreements between the supplier and the Client, that are bound by these terms and conditions, Dutch law applies exclusively, even if the Client resides or is established abroad.
2. The Vienna Convention does not apply.
3. All disputes - including those that are only considered as such by one of the parties – arising as a result of an agreement to which the present terms and conditions apply in whole or in part, or as a result of other agreements that are a consequence of a such agreement, will be settled by the competent court of the supplier’s place of business, unless this is precluded by a mandatory legal provision. This does not affect the fact that the supplier can agree with the Client to have the dispute settled through independent arbitration.
ARTICLE 21. 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. Any personal data collected via the website will be processed in accordance with the privacy statement published on the website.
3. 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 22. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 23. 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.
2. The supplier accepts no liability if the Client applies the Supplier's products for medical purposes.
3. The information provided by the supplier about the products supplied by him on his website or by reference to links and/or other websites, or the information provided by employees of the supplier by telephone, e-mail or any other means of communication is strictly educational and informative. This information should never be considered as a recommendation to edit, treat or use the product for medical purposes. Such use of the supplier's products is entirely at one’s own risk.
ARTICLE 24. ADDITIONAL PROVISIONS: POLICY REGARDING NARCOTICS
1. If the supplier suspects that the Client wishes to buy products from the supplier in order to develop or manufacture narcotics, the supplier reserves the right to immediately terminate the agreement and to permanently deny the customer further services. Any further orders from the customer will no longer be processed.
2. The Supplier is not liable for any damage resulting from a decision to deny a Client further services or to dissolve an agreement on the basis of the first paragraph of this article.
3. The Supplier accepts to liability in the event that any damage arises when using the product supplied by the Supplier if this product has been used in the production, manufacture or development of narcotics. The Supplier hereby states that the use of the product supplied by the Supplier in the production, manufacture or development of narcotics is outside the normal use of the delivered product.