Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can make use of their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a contract with the entrepreneur.
Day: calendar day.
Long-term contract: a distance contract relating to a series of products and/or services, whose delivery and/or purchase obligations are spread over time.
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to dissolve the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded as part of an organized system by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
Means of distance communication: any medium that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
General Terms and Conditions: these present terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
MineHav
Company address:
Email: info@MineHav.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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 contract is concluded that the general terms and conditions can be consulted at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer’s request.
If the contract is concluded electronically, the text of these terms and conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be accessed electronically, and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the remaining provisions will remain in effect, and the invalid provision will be replaced by a provision that comes as close as possible to the intent of the original.
Situations not covered by these terms and conditions must be assessed “in the spirit” of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions shall likewise be interpreted “in the spirit” of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this shall be stated explicitly in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adapt the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to any claim for compensation or termination of the agreement.
Product images are a true representation of the products offered, but the entrepreneur cannot guarantee that displayed colors correspond exactly to the actual colors of the products.
Each offer contains such information that the consumer can clearly understand the rights and obligations arising from acceptance of the offer, in particular:
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the price, including taxes;
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any shipping costs;
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the manner in which the contract will be concluded and what actions are required;
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whether the right of withdrawal applies;
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the method of payment, delivery, and execution;
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the period for accepting the offer or the period during which the entrepreneur guarantees the price;
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the level of communication costs if charged at a rate different from the basic rate;
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whether the contract will be archived and, if so, how it can be accessed;
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how the consumer can check and, if necessary, correct the information provided before concluding the contract;
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the languages, besides Dutch, in which the contract can be concluded;
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the codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically;
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the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, and material type.
Article 5 – The Contract
Subject to Article 4, the contract is concluded when the consumer accepts the offer and meets the relevant conditions.
If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until this confirmation has been received, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the secure transmission of data and provide a secure web environment. If the consumer pays electronically, the entrepreneur will implement suitable security measures.
The entrepreneur may, within legal limits, gather information about the consumer’s ability to meet payment obligations and about facts and factors relevant to responsibly concluding the contract. If, based on this investigation, the entrepreneur has sound reasons not to conclude the agreement, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer in writing or in a manner that allows storage on a durable medium:
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the address of the entrepreneur’s establishment where the consumer can submit complaints;
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the conditions and methods for exercising the right of withdrawal, or a clear statement excluding that right;
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information about guarantees and existing after-sales services;
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the data referred to in Article 4(3), unless already provided prior to contract execution;
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the conditions for terminating the contract if it has a duration of more than one year or is indefinite.
In the case of long-term transactions, the above applies only to the first delivery.
All contracts are concluded under the suspensive condition of sufficient product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract within 14 days without giving any reason. The cooling-off period starts on the day after the consumer or their designated representative receives the product.
During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product as necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, the product must be returned with all accessories, in its original condition and packaging, according to reasonable and clear instructions from the entrepreneur.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receipt of the product, in writing or by email. The consumer must then return the product within 14 days of this notification. Proof of timely return, such as a shipping receipt, must be provided.
If the consumer has not notified the entrepreneur within the specified period or has not returned the product, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund the amount as soon as possible and at the latest within 14 days after withdrawal, provided the product has been received or conclusive proof of return has been submitted.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for the products and services described below, provided this was clearly stated in the offer or before the conclusion of the contract.
Exclusion is only possible for products:
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made to the consumer’s specifications;
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clearly personal in nature;
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which, by their nature, cannot be returned;
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that can deteriorate or expire rapidly;
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whose price depends on financial market fluctuations beyond the entrepreneur’s control;
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newspapers or magazines;
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audio, video, or software products unsealed by the consumer;
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hygiene products unsealed by the consumer.
Exclusion is only possible for services:
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relating to accommodation, transport, catering, or leisure activities on a specific date or period;
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that began with the consumer’s express consent before the end of the cooling-off period;
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related to gambling or lotteries.
Article 9 – Price
During the period stated in the offer, the prices of products and/or services will not be increased, except for changes in VAT rates.
Contrary to the above, prices of products or services subject to market fluctuations beyond the entrepreneur’s control may vary. Such links to fluctuations and indicative pricing will be stated in the offer.
Price increases within three months of contract conclusion are only permitted if based on legal provisions.
Price increases after three months are only permitted if agreed upon and:
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are due to legal or regulatory requirements, or
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the consumer has the right to terminate the contract as of the day the increase takes effect.
Prices stated in the offer include VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for such errors and is not obliged to deliver at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable standards of reliability and usability, and existing legal provisions and government regulations.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.
Defects or incorrect deliveries must be reported in writing within 14 days of delivery. Products must be returned in their original packaging and unused condition.
The warranty period corresponds to that of the manufacturer. The entrepreneur is not responsible for the product’s suitability for each individual use or for advice regarding its use or application.
The warranty does not apply if:
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the consumer has repaired or modified the product themselves or had it done by a third party;
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the product was exposed to abnormal conditions or handled contrary to instructions;
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the defect results from government regulations regarding materials used.
Article 11 – Delivery and Execution
The entrepreneur shall take the greatest possible care when receiving and fulfilling product orders.
The delivery address is the address provided by the consumer.
Subject to Article 4, accepted orders shall be fulfilled promptly and within a maximum of 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or cannot be fulfilled, the consumer will be notified within 30 days and may cancel the contract free of charge.
In the event of cancellation, the entrepreneur shall refund the consumer as soon as possible and within 14 days at the latest.
If delivery of a product proves impossible, the entrepreneur will make every effort to provide a replacement. This will be clearly indicated upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of returning such items are borne by the entrepreneur.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer or their designated representative, unless otherwise agreed.
Article 12 – Duration Contracts: Termination and Renewal
Termination
The consumer may terminate an indefinite contract for the regular delivery of products or services at any time, observing a notice period of no more than one month.
A fixed-term contract for regular delivery may also be terminated by the consumer at the end of the term, with a notice period of no more than one month.
Termination may occur at any time and must be as simple as the way the contract was concluded.
Renewal
A fixed-term contract for regular delivery may not be automatically renewed for a fixed period.
However, fixed-term contracts for newspapers or magazines may be tacitly renewed for a fixed term of up to three months, provided the consumer can cancel at the end of that period with one month’s notice.
Contracts renewed indefinitely may be terminated at any time by the consumer with one month’s notice (or three months in the case of less frequent deliveries).
Trial or introductory subscriptions automatically end after the trial period.
Duration
If a contract exceeds one year, the consumer may terminate it at any time after one year with one month’s notice, unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 business days from the start of the cooling-off period. For service contracts, this period starts after the consumer receives confirmation.
The consumer must immediately notify the entrepreneur of any inaccuracies in payment details.
If payment is not made, the entrepreneur is entitled to charge reasonable pre-communicated collection costs, within legal limits.
Article 14 – Complaints Procedure
Complaints about contract performance must be submitted in writing, fully and clearly described, within 7 days after discovery of the defect.
Complaints will be answered within 14 days of receipt. If more time is needed, the consumer will be notified within that period with an estimated response date.
If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
If a complaint is found valid, the entrepreneur will replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.