Terms and Conditions

Definitions

In these terms, the following definitions apply:

 

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligations are spread over time;
5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is personally addressed to them in a manner that allows for future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal made available by the entrepreneur that the consumer can fill in when they want to exercise their right of withdrawal. 8. Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;
8. Distance contract: a contract concluded as part of a system organized by the entrepreneur for the sale at a distance of products and/or services, where, up to and including the conclusion of the contract, only one or more distance communication techniques are used;
9. Distance communication technique: a means that can be used for concluding a contract without the consumer and entrepreneur being present in the same space simultaneously.
10. General Terms and Conditions: the entrepreneur's current General Terms and Conditions.

 

Identity of the entrepreneur

Entrepreneur name: Brand Blends Company B.V.

Business address: Poortland 66 1046BD Amsterdam, Netherlands

Email address: info@mimmti.com

Chamber of Commerce number: 84778954

 

Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed with the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, and in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier in a simple manner. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In the case that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are found to be invalid or void at any time, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced immediately by a provision that most closely approximates the original intent.
6. Situations not addressed in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted ‘in the spirit’ of these general terms and conditions.

 

The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur has the right to change or adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and details in the offer are indicative and cannot be the cause for compensation or cancellation of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
6. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically concerns the following:

o the price including taxes;

o any potential shipping costs;

o the manner in which the agreement will be concluded and the actions required for this;

o whether or not the right of withdrawal applies;

o the method of payment, delivery, and execution of the agreement;

o the deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

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

o whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;

o how the consumer can check and, if desired, correct the data they provided for the agreement before concluding it; o any other languages in which the agreement can be concluded, besides Dutch;

o the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and o the minimum duration of the agreement at a distance in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

 

The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set for this.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may cancel the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the agreement at a distance. If the entrepreneur has good grounds, based on this research, to not conclude the agreement, they are entitled to refuse an order or application or to impose special conditions on the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:
6. the business address where the consumer can go for complaints;
7. the conditions under which and the way the consumer can exercise their right of withdrawal, or a clear notice that the right of withdrawal is excluded;
8. the information on warranties and existing after-sales services;
9. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

 

Right of Withdrawal

In the case of product delivery:

1. When purchasing products, the consumer has the possibility to terminate the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification should be made using the model withdrawal form. Once the consumer has notified the entrepreneur of their intention to withdraw, they must return the product within 14 days. The consumer must prove that the items have been returned on time, for example, by providing a proof of shipment.
4. If the customer has not notified their intention to withdraw within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase becomes final.

In the case of services:

5. For services, the consumer has the right to cancel the agreement without giving a reason within at least 14 days, starting from the day the agreement is concluded.
6. To exercise their right of withdrawal, the consumer should follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the time of delivery.

 

Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the maximum cost of returning the product is their responsibility.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been returned or proof of return has been provided.

 

Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is possible only for products:
3. made by the entrepreneur according to the consumer’s specifications;
4. that are clearly personal in nature;
5. that by their nature cannot be returned;
6. that can spoil or age quickly;
7. whose price is tied to fluctuations in the financial market that the entrepreneur cannot influence;
8. for single newspapers and magazines;
9. for audio and video recordings and computer software whose seal has been broken by the consumer.
10. for hygienic products whose seal has been broken by the consumer.
11. Exclusion of the right of withdrawal is possible for services:
12. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or within a specific period;
13. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
14. concerning betting and lotteries.

 

Delivery and execution

1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fully or partially fulfilled, the consumer will be notified within 30 days of placing the order. In such a case, the consumer has the right to cancel the agreement without charge. The consumer has no right to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In case of cancellation under paragraph 3 of this article, the entrepreneur will refund the amount the consumer paid as soon as possible, but no later than 14 days after cancellation.
6. If the delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. The consumer will be informed clearly and understandably about the substitute item being delivered at the time of delivery. The right of withdrawal cannot be excluded for substitute items. The cost of any return shipment is the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated representative known to the entrepreneur, unless otherwise agreed upon.

 

Pago

1. A menos que se acuerde lo contrario, los montos adeudados por el consumidor deben ser pagados dentro de los 7 días hábiles siguientes al inicio del período de reflexión mencionado en el artículo 6, párrafo 1. En el caso de un acuerdo para la prestación de un servicio, este período comienza después de que el consumidor haya recibido la confirmación del acuerdo.
2. El consumidor tiene la obligación de informar inmediatamente al empresario sobre cualquier error en los datos de pago proporcionados o indicados.
3. En caso de incumplimiento de pago por parte del consumidor, el empresario tiene, salvo limitaciones legales, el derecho de cobrar los costos razonables previamente comunicados al consumidor.

 

Disputas

1. Las leyes de los Países Bajos se aplicarán exclusivamente a los acuerdos entre el empresario y el consumidor a los que se refieren estos términos y condiciones, incluso si el consumidor reside en el extranjero.

 

Artículo 16 – Disposiciones adicionales o diferentes

Las disposiciones adicionales o que difieran de estos términos y condiciones no deben ser perjudiciales para el consumidor y deben ser documentadas por escrito o de manera que el consumidor pueda almacenarlas de forma accesible en un soporte de datos durable.