USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE ADVISED NOT TO USE THIS WEBSITE.
- Article 1- Definitions
- Article 2- Corporate Identity/MIUSE
- Article 3- Relevance
- Article 4- Offer
- Article 5- Agreement
- Article 6- Right of Withdrawal
- Article 7- Withdrawal Costs
- Article 8- Exclusion Right of Withdrawal
- Article 9- Pricing
- Article 10- Conformity and Guarantees
- Article 11- Delivery and Execution
- Article 12- Force Majeure
- Article 13- Payments
- Article 14- Intellectual property
- Article 15- Complaints
- Article 16- Disputes
- Article 17- Additional and Different Provisions
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with MIUSE.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or MIUSE to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
MIUSE: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and MIUSE have gathered together in the same place and at the same time.
Article 2- Corporate Identity/MIUSE
1016 GJ Amsterdam
Phonenumber: (31) 20 7373433 (monday-friday between 10:00 – 18:00)
Chamber of commerce number: 61485020
VAT identification number: NL854361893B01
Article 3- Relevance
1. These general conditions/terms apply to any offer of MIUSE and to every finalised distance agreement between MIUSE and consumer.
2. Before the distance agreement is concluded, the text of the general conditions/terms is made available to the consumer. If this is reasonably not possible before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at MIUSE, and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
3. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible before the distance agreement is concluded, it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
4. For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms, the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
5. If the customer indicates his / her conditions, those conditions do not apply unless they are expressly agreed in writing by MIUSE.
6. The provisions in these Terms and Conditions may be waived only if expressly agreed in writing by MIUSE. In that case the other provisions of these Terms and Conditions remain in full force.
7. A consumer is defined as any visitor of the website, including any natural or legal person who agrees to / will have a contractual relationship of any kind with MIUSE.
8. MIUSE reserves the right to change and / or supplement these Terms and Conditions from time to time.
9. By using the website of MIUSE and / or placing an order, the customer accepts these Terms and Conditions, and any other rights and obligations as listed on the website.
9. MIUSE is authorised to use intermediaries and other third parties in the execution of an agreement with the Customer. These Terms and Conditions in that case also apply in full.
Article 4- Offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses images, then these are a true reflection of the products and / or services. Mistakes or errors in the offer are not binding on MIUSE.
3. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- price inclusive taxes
- possible costs of delivery
- the manner in which the agreement has been concluded and the necessary signatures
- whether to apply the right of withdrawal
- the method of payment, delivery and performance of the contract
- the deadline for accepting the offer or the period within which MIUSE guarantees the price
4. MIUSE expressly reserves the right to change the prices, especially when based on (legal) regulations.
5. Information, images, oral communications, telephone or e-mail and work records, etc. on all the items and the main features of the products will be done or presented as accurately as possible. MIUSE does not guarantee that all offers and products are consistent with the given information. Deviations cannot lead to compensation and / or dissolution.
Article 5- The Agreement
1. The agreement is finalised, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
2. When the consumer has accepted the offer electronically, MIUSE will immediately confirm electronically that she has received the acceptance of the offer. As long as MIUSE has not confirmed the acceptance, the consumer can terminate the agreement.
3. Consumer and MIUSE expressly agree that use of electronic communication constitutes a valid agreement when an order confirmation is sent to the consumer. The electronic files of MIUSE apply, as the law allows, as a presumption of evidence.
4. Oral offers or promises do not bind MIUSE, unless these are confirmed by MIUSE within 8 days writing.
5. If the agreement is concluded electronically, MIUSE will take appropriate technical and organisational measures to protect the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, MIUSE will observe the necessary security measures.
4. MIUSE can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalise a sound distance agreement. If MIUSE, based on research, has good reasons not to conclude the agreement, then she is entitled to motivate and to refuse an order/ request or she can connect special conditions to the execution of the offer.
5. MIUSE shall send the following information with the products or services, written or in such a manner that the consumer can store the data in an accessible way on a durable medium:
- The address of the company for the consumer to file complaints
- The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
- Information about after sales guarantees and services
- Article 4 paragraph 3 unless MIUSE has already sent this information before the execution of the agreement.
Article 6- Right of Withdrawal
1. When purchasing products, the consumer can terminate the agreement, without giving any reason for cancelling, within 14 days. The cooling off period starts on the day the consumer receives the product or a pre-designated representative by the consumer made known to MIUSE.
2. During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to MIUSE, in accordance with the provided reasonable and clear instructions of MIUSE.
Article 7- Withdrawal Costs
1. If the consumer exercises his or her right of withdrawal, his or her cost will not exceed above the cost of returning the goods.
2. If the consumer has paid an amount, this amount will be credited in the form of a return of money by MIUSE as soon as possible, but within 14 days after the return or cancellation.
Article 8- Exclusion Right of Withdrawal
1. MIUSE can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if MIUSE has clearly mentioned this at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by MIUSE according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which MIUSE has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for the following services:
- Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
- Whose delivery has begun with the express consent of the consumer before the consideration period has expired.
- Concerning betting and lotteries
Article 9- Pricing
1. During the period mentioned in the offer, prices of the products and / or services will not be increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, MIUSE can offer variable prices for products or services whose prices are subject to fluctuations in the financial market, and on which MIUSE has no effect on. These fluctuations and prices that are price targets will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are a result of legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if MIUSE stipulated this, and if:
- they are the result of laws or provisions;
- the consumer has the power to terminate the contract on the date the increase takes effect.
5. All prices are in Euros and include tax and additional costs, unless agreed / confirmed via e-mail.
Article 10- Conformity and Guarantees
1. MIUSE guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, with the reasonable requirements of soundness and/or usability, and with the existing legal provisions and/or Government regulations existing on the date of the conclusion of the agreement.
2. A manufacturer or importer offered by MIUSE, does not detract from the rights and claims that the consumer has in respect of a shortcoming in the fulfilment of the obligations of MIUSE.
3. MIUSE gives a 3-month guarantee on the products from the day stated in the payment summary (the bill). The receipt is also the guarantee certificate so consumers must hold on to this.
4. However, there are a number of exceptions to paragraph 3:
- natural wear and tear stains caused by perfume
- water damage/varnish damage by (rain) water
- components that stain after contact with moisture
- complaints caused by misuse of the parts and/or jewelry / clothes / bags
5. MIUSE is never obligated to pay any compensation to the consumer or others, unless there is intent or gross negligence on the side of MIUSE.
6. MIUSE is never liable for consequential or indirect damage and business interruption, loss of profit or turnover
7. If MIUSE, for whatever reason, is obliged to compensate any damage, compensation will never exceed an amount equal to the invoice value with respect to the product or service that caused the damage.
8. The property of replaced and/or paid goods will be provide by the consumer to MIUSE.
9. Damage caused during transport is expressly excluded.
10. MIUSE, on its Internet site, may include links to other Internet sites that may be interesting or informative for the visitor/ customer. Such links are purely informative. MIUSE is not responsible for the contents of the referred Internet site or the use of the site by customers/ visitors.
Article 11- Delivery and Execution
1. MIUSE will take the greatest possible care when receiving and executing orders of products and when assessing requests of services.
2. The place of delivery is the address that the consumer has communicated to MIUSE.
3. Taking into account what is stated in article 4 of the general conditions/terms , MIUSE will accept and execute orders promptly but no later than within 30 days, unless a longer delivery period is agreed. If the delivery is delayed, or if an order is not or only partly carried out, the consumer will receive a message, not later than one month after he/ she has placed the order. In that case, the consumer has the right to dissolve the agreement without any right to compensation costs.
4. In case of dissolution in accordance with the previous paragraph MIUSE will credit the amount which the consumer has paid as soon as possible, but no later than within 30 days after the dissolution.
5. If delivery of a product that was ordered proves impossible, MIUSE will endeavour to make a replacement available. At the latest, at the delivery it will be reported in a clear and comprehensible way that a replacement article is delivered. For replacement items, the right of withdrawal cannot be ruled out. The costs of return shipment shall be borne by MIUSE.
6. MIUSE is not responsible for lost orders, and suffered damage cannot be redressed on MIUSE. If you receive a damaged product, you should report this by email within three days. You can send this email to: firstname.lastname@example.org.
Article 12- Force Majeure
1. In case of force majeure MIUSE is entitled, without judicial intervention, to extend either all or some delivery times to the duration of the force, or to dissolve the contract in whole or in part, without being liable for any compensation.
2. Force majeure shall apply when: there is a strike, lockout, fire, barriers to entry, lack of raw materials or labor, mobilisation, war, imports - and / or export restrictions, government measures, non or late delivery by suppliers or other third parties and the absence of any government issued license. Force majeure also include failures in (telecommunications) networks or connections or communications and / or non-availability at any time of the website, or other circumstances beyond the control of MIUSE.
1. Payment must be made in advance, via bank transfer, credit card, Ideal or Paypal.
2. When paying by bank transfer, the consumer transfers the owed amount including shipping costs and any charges for additional services/administration to the provided bank account of MIUSE, in Amsterdam, citing order date and order number.
3. If payment is not made in the 30 days after the invoice date, the consumer is legally in default. The consumer then owes an interest of 1% per month, unless the statutory interest rate is higher, in which case the legal interest is due. The interest on the amount payable will be calculated from the time that the client is in default until the moment of payment of the full amount that is due.
4. MIUSE has the right to deduct the payments made from the total costs, the open cases interest and also from the principal amount and the accrued interest.
5. MIUSE may refuse an offer of payment, if the consumer designates a different order for the allocation of the payment. MIUSE can refuse the full repayment of the principal, if the open cases and accrued interest and collection costs are not paid.
6. The customer is not entitled to offset the payable by him to MIUSE.
7. If the consumer fails the fulfilment of his obligations, then all reasonable costs incurred to obtain satisfaction are on behalf of the consumer. The extrajudicial costs are calculated on the basis of what the usual practice is in the Dutch collection; currently the method of calculation is according to Report For work II. If, however, higher costs for collection were needed, and which were reasonably necessary, the actual costs incurred are then eligible for reimbursement. Any judicial and execution costs will also be charged on the consumer. The consumer is also obliged to pay the interest related to the payment collection costs.
8. The consumer has the duty to report to MIUSE the inaccuracies in the payment data provided.
Article 14- Intellectual property
1. The consumer acknowledges that all intellectual property rights of the information, graphics, statements or other expressions concerning the products and / or the web site, belong to MIUSE, its suppliers or other copyright holders.
2. Intellectual property includes patents, copyrights, trademarks, designs and design rights and / or such rights, including patentable technical and / or commercial, methods and concepts.
3. It is prohibited to the consumer to use, including making changes to, the intellectual property rights as described in this article, such as duplication, without prior written consent of MIUSE, its suppliers or other claimants, unless this is for private use in relation to the product itself.
Article 15- Complaints
1. MIUSE features a sufficiently publicised complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to MIUSE after the consumer has observed the defects.
3. The complaints submitted to MIUSE will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, MIUSE will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
4. If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 16- Disputes
1. Dutch law exclusively applies to agreements between MIUSE and consumer whereupon these general conditions/terms are related to.
2. In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl). The ruling of this foundation is binding and both the consumer and MIUSE accept this binding ruling.
Article 17- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
Last modified on September 12th 2014.