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General terms and conditions

 

ARTICLE 1 - DEFINITIONS
In these General Terms and Conditions, the following terms have the following meanings:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligations of which are spread over a certain period;

Durable medium: any means that enables the consumer or entrepreneur to store personally addressed information in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services between the entrepreneur and the consumer up to and including the conclusion of the contract, exclusively using one or more means of distance communication;

Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Miheto

Email address: support@miheto.com

ARTICLE 3 - APPLICABILITY
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before concluding the distance contract, 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 concluding the distance contract that the General Terms and Conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the General Terms and Conditions can be electronically accessed and that they will be sent to the consumer electronically or in another way free of charge upon request.

In the event that in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always rely on the provision applicable to him that is most favorable.

If one or more provisions in these General Terms and Conditions are wholly or partially void or annulled at any time, the agreement and these General Terms and Conditions shall remain in force for the remainder and the relevant provision shall be replaced by mutual agreement as soon as possible.

Situations not provided for in these General Terms and Conditions shall be assessed 'in the spirit' of these General Terms and Conditions.

Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted 'in the spirit' of these General Terms and Conditions.

ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

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 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 be a reason for compensation or termination of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every 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 any customs handling fees and import duties. These additional costs are for the customer's account and risk. The postal and/or courier service will apply the special arrangement for postal and courier services concerning imports. This arrangement applies when the goods are imported into the Union's destination country, which is also the case in the present case. The postal and/or courier service will collect VAT (regardless of whether it is collected together with the invoiced customs fees or not) from the recipient of the goods;

any shipping costs;

the manner in which the contract will be concluded and what actions are necessary for this purpose;

whether the right of withdrawal applies or not;

the method of payment, delivery, and execution of the contract;

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

the rate for distance communication, if the costs for the use of the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;

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

the manner in which the consumer can check and, if desired, correct the data provided by him within the framework of the contract before its conclusion;

any other languages in which, in addition to Dutch, the contract can be concluded;

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a continuous transaction. Optional: available sizes, colors, types of materials.

ARTICLE 5 - THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and compliance with the conditions laid down for this purpose.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

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 for this purpose.

Within legal frameworks, the entrepreneur may inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information together with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can address complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about existing after-sales service and guarantees; the data referred to in Article 4 paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the preceding paragraph shall only apply to the first delivery.

Each agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL
In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for a period of 30 days. This cooling-off period starts on the day after the consumer receives the product or a pre-notified representative made known to the entrepreneur by the consumer.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall 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.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must do this by means of a written notification/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of shipment.

If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 of this article that he wishes to exercise his right of withdrawal, respectively, has not returned the product to the entrepreneur, the purchase is a fact.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by him.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been returned to the web retailer or that conclusive proof of complete return shipment can be provided.

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the

Entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. which are produced by the entrepreneur in accordance with the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which, by their nature, cannot be returned;
  4. which can quickly deteriorate or age;
  5. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software where the consumer has broken the seal.
  8. or hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
  3. with regard to bets and lotteries.

ARTICLE 9 - THE PRICE
During the validity period of the offer, the prices of the products and/or services offered are not increased, except in the case of price changes due to changes in VAT rates.

Notwithstanding the foregoing, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This susceptibility to fluctuations and the fact that prices mentioned are indicative shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from legal regulations or provisions; or
  • the consumer has the right to terminate the agreement from the day the price increase takes effect.

Delivery is based on Article 5 paragraph 1 of the Dutch Turnover Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. Subsequently, the postal or courier service will collect the import tax or customs duties from the customer. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

The prices of products listed on our website include delivery costs but exclude all charges, taxes, duties, levies, or similar government charges ("unpaid and untaxed duties").

All customs duties, charges, taxes, duties, or other government charges and declarations for the import of products to the delivery address are your responsibility and are at your expense and are not included in the price of the products. Additional charges may apply to all deliveries that are not borne by the seller and must be borne by the customer. This includes not only shipping costs but also customs or import taxes because the goods are shipped from a non-EU country (Asia or USA). Whether there are customs duties for a product must be clarified with our customer service before ordering. Customs duties or import taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "unpaid and untaxed." The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since rules for the import of goods vary from country to country, you should check the customs duties and import taxes of your country before placing your order. Upon receipt of the goods, the buyer is obliged to check compliance with all laws and regulations of the importing country.

ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer or for advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired or modified the delivered products himself or had them repaired or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or those on the packaging;
  • The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE
The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The delivery address is the address that the consumer has communicated to the company.

Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at least within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be or can only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly stated upon delivery that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless expressly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
Termination
The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time subject to the agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements referred to in the preceding paragraphs:

  • at any time and shall not be limited to termination at a specific time or during a specific period;
  • terminate in the same manner as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may at all times terminate it with a notice period of up to one month and a notice period of up to three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a duration of more than one year may be terminated by the consumer after one year at any time with a notice period of up to one month, unless the reasonableness and fairness oppose termination before the agreed duration has expired.

ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the consumer reasonable costs previously notified to the consumer.

ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products at its option at no cost.

ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

ARTICLE 16 - SMS MARKETING
By agreeing to SMS marketing from Stilmae at checkout and initiating a purchase or signing up through our subscription tools, you consent to receiving recurring SMS messages (for your order, including reminders of abandoned purchases), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is on a state or federal do not call list. The frequency of messages may vary. Consent is not a condition of purchase.

If you wish to opt out of receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provide in each of our messages. You acknowledge and agree that alternative methods of opting out, such as using different words or requests, will not be considered as an appropriate opt-out method. We do not charge for the service, but you are responsible for all charges and rates your mobile provider may charge for SMS messages. Message and data rates may apply.

For questions, text HELP to the number from which you received the messages. You can also contact us via https://www.miheto.com/pages/contact for more information.

We reserve the right to change the phone numbers or short codes we use to operate the service at any time. In such cases, you will be notified. You agree that messages sent to a changed phone number or short code, including STOP or HELP requests, may not be received, and we are not responsible for fulfilling requests made in such messages.

To the extent permitted by law, you agree that we are not liable for any failed, delayed, or misdirected delivery of information sent via the service, for errors in this information, and/or for actions you take or fail to take based on the information or the service.

Your right to privacy is important to us. In our privacy policy https://www.miheto.com/pages/data-protection-regulations, you can read about how we collect and use your personal data.