Terms and conditions

Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Extended duration transactions: duration, termination and prolongation
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Grace period: The period within which the consumer can make use of his right of withdrawal;
  2. 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;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
  5. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Return form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to exercise his right of withdrawal.
  8. Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
  10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Name entrepreneur: Mint15
Establishment address: Kerkstraat 14B, 4921 BB Made
Phone number / WhatsApp: +31 (0)6-24876291
E-mail address: info@mint15.com
KvK number: 51785269
VAT ID number: NL002073928B43

Article 3 - Applicability

  1. These general conditions apply to all offers of the entrepreneur and any agreement reached at a distance and orders between the entrepreneur and consumers.
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon 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 text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general conditions.
  5. If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in force and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
  4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
  6. Each offer contains 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;
    • the possible costs of shipment;
    • the way in which the agreement will be brought about and which actions are required for this;
    • the applicability or otherwise of the right of withdrawal;
    • the method of payment, delivery and execution of the agreement;
    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate of distance communication if the costs of using the technique of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
    • any other languages besides Dutch in which the agreement may 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.

Article 5 - The agreement

  1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
  5. The trader will send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • a. the visiting address of the trader's business establishment where the consumer can lodge complaints;
    • b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    • c. the information on guarantees and existing after-sales services;
    • d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
    • e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This period commences on the day following receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
  2. 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 judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories supplied 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.
  3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the return form. After the consumer has made known to use 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 by means of a proof of posting.
  4. If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services, the consumer can terminate the contract without giving any reason to dissolve for at least 14 days, starting on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, he will only be charged for the costs of return shipment.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive evidence of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law concerning the right of withdrawal; this must be done prior to conclusion of the purchase contract.

Article 8 - Exclusion of right of withdrawal

  1. The trader can preclude the consumer from having a right of withdrawal on products as defined in paragraph 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    • a. that have been created by the trader in accordance with the consumer's specifications;
    • b. that are clearly personal in nature;
    • c. that cannot be returned due to their nature;
    • d. are liable to deteriorate or expire rapidly;
    • e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • f. for individual newspapers and magazines;
    • g. for audio and video recordings and computer software of which the consumer has broken the seal.
    • h. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • a. relating to accommodation, transport, catering or leisure activities to be carried out on a given date or during a given period;
    • b. of which the delivery has started with the explicit approval of the consumer, before the reflection period has expired;
    • c. on betting and lotteries.

Article 9 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
    • a. they are the result of statutory regulations or provisions; or
    • b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Compliance and Warranty

  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 provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the agreement.
  3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must take place in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. 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.
  5. The warranty does not apply if:
  6. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  7. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
  8. The inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a period gives the consumer no right to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 14 days after that dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 12 - Continuing transactions: duration, termination and renewal

Cancellation

1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.

2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

3. The consumer can terminate the agreements mentioned in the previous paragraphs:
* at all times and not be limited to termination at a specific time or in a specific period;
* at least terminate them in the same way as they were entered into by him;
* always terminate them with the same notice as the entrepreneur has stipulated for himself.

Extension:

4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a fixed period.

5. Notwithstanding the preceding paragraph, a fixed-term contract that was concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.

6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.

7. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.

Duration:

8. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 - Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
  3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the trader has the right to charge the consumer for any reasonable costs made known to the consumer in advance.

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Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
  3. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. Check whether this shop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform(http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. 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 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
  2. The Vienna Sales Convention shall not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.