These general terms and conditions apply to consumers placing orders through the webshop: www.misdias.nl / www.mis-dias.com. Other provisions and conditions are not applicable.

Table of 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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the agreement and additional guarantee
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract that relates to the regular delivery of goods, services, and/or digital content for a certain period;
7. Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation or use during a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, where only or partly use is made of one or more techniques for remote communication up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form;
12. Technique for remote communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur trading under the name:
Mis Días

Business address:
Konijnenberg 159, 4825 BC, Breda, Netherlands

Phone number:
+31 6 838827096

Availability:
Monday to Friday from 09:00 AM to 05:00 PM

Email address:
info@mis-dias.com

Chamber of Commerce number:
75424738

VAT number:
NL002371990B20

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur, before the distance contract is concluded, will indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

1. If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products 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, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
4. The entrepreneur can, within the legal framework, inform himself about the consumer's ability to pay, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance agreement;
e. the model withdrawal form.

1. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
• in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
3. Extended cooling-off period for products, services, and digital content that has not been delivered on a tangible medium in the event of non-information about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, the reflection period determined.

1. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises 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.
2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
3. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
4. If the consumer withdraws after first explicitly having requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or certain quantity should commence during the cooling-off period, the consumer is the entrepreneur a sum that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full compliance with the obligation.
5. The consumer bears no costs for the performance of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first explicitly having requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or certain quantity should commence during the cooling-off period, the consumer is the entrepreneur a sum that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full compliance with the obligation.
7. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   a. prior to delivery, he has not expressly agreed to start compliance with the agreement before the end of the cooling-off period;
   b. he has not acknowledged losing his right of withdrawal when giving his consent; or
   c. the entrepreneur has failed to confirm this statement from the consumer.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt immediately upon receipt of this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement:

1. Products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence and that may occur within the withdrawal period.

Article 11 - The price

1. The prices stated in the product offer are inclusive of VAT within the EU. For orders outside the EU, net prices are indicated. Deliveries to an address outside the EU may be subject to import duties and taxes payable upon delivery to the delivery address.
2. Shipping costs to an address within the EU are included in the prices mentioned. The price, including VAT and shipping costs, is also displayed in the order form before the order is dispatched. Deliveries to an address outside the EU may be subject to additional shipping costs, which are indicated in the order form.
3. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
4. In deviation from the preceding paragraph, 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 dependence on fluctuations and the fact that any prices mentioned are indicative prices are stated in the offer.

Article 12 - Performance of the agreement and additional warranty

1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. The entrepreneur provides a warranty of 24 months from the conclusion of the contract for products sold by us.
3. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
4. Extra warranty is understood to mean any commitment from the entrepreneur, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what the law requires in the event of a failure on its part of the agreement.
5. Warranty conditions:a) The warranty applies only to the product you purchased for personal use and not for resale.
   b) The warranty is void in case of interventions by you or non-expert third parties.
   c) The warranty is void for products purchased through channels other than the official Mis Días website (www.mis-dias.com).
   d) The warranty does not apply to:
6. The entrepreneur is not liable for damage to or theft of the contents of the product.

Article 13 - Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The address provided by the consumer to the entrepreneur is considered the place of delivery.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation for damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 14 - Payment

1. Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. If the consumer does not fulfill his payment obligation(s) on time, he is, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to fulfill his payment obligations, after the failure to pay within this 14-day period, liable to pay the legal interest on the still owed amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages to the consumer's advantage.
4. The delivered goods remain the property of the entrepreneur until full payment.

Article 15 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.

Article 16 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 17 - Additional or deviating provisions

1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
2. Written form is required for changes and additions to these general terms and conditions and/or the other contractual relationship; this also applies to the waiver of the written form.