GENERAL TERMS AND CONDITIONS NIC&MIC
Article 1: Definitions
Reflection period: the period within which the consumer can exercise his right of withdrawal.
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.
Day: calendar day.
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any means that enables the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.
Non-attributable failure: among others, war, danger of war, riot, fire, factory disturbance, strike, systems/software failure, blockades, lockout, traffic disruption, staff illness, failure of third party(ies) to meet their obligations or meet them on time.
Customer: the consumer or business customer who purchases a service from Entrepreneur.
Entrepreneur: Nic&Mic, registered with the Chamber of Commerce under number 68212038.
Public auction: a method of sale where products, digital content and/or services are offered by the Entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Agreement: an agreement concluded between the entrepreneur and customer on location, or distance contract.
Distance contract: a contract concluded between the trader and the customer under an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication.
Force majeure: any circumstance beyond the Entrepreneur's control - even if it was foreseeable at the time the Agreement was concluded - including fire and other disruptions in the business of the Entrepreneur or its suppliers and, furthermore, all circumstances as a result of which performance of the Agreement cannot reasonably be required of the Entrepreneur.
Technique for distance communication: means that can be used for concluding an agreement, without the Consumer and the Entrepreneur having to be together in the same room at the same time.
Parties: Customer and Entrepreneur jointly.
Personal data: any data relating to an identified or identifiable natural person.
Article 2: Applicability
2.1 These general terms and conditions apply to every offer made by the Entrepreneur and to every Agreement concluded between the Entrepreneur and the Customer.
2.2 Before the Agreement is concluded, the text of these general terms and conditions will be made available to the Customer. This can also be done electronically. If this is not reasonably possible, prior to the conclusion of the Distance Contract, the Entrepreneur will indicate the manner in which the general terms and conditions can be inspected at the Entrepreneur's premises and that, at the Customer's request, they will be sent free of charge as soon as possible.
2.3 In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second paragraph shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the Entrepreneur may always rely on the applicable provision that is most favorable to him.
2.4 If any provision of these General Terms and Conditions is invalid, the other provisions of these General Terms and Conditions shall remain in force. The invalid provision(s) in question will be replaced by another, valid provision that will approximate the consequences of the invalid provision as closely as possible.
Article 3: The offer
3.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If the Entrepreneur uses images, these are a true representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer will not bind the Entrepreneur.
3.3 Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer, including in particular:
Article 4: The Agreement
4.1 The Agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the Customer of the offer and the fulfillment of the conditions set forth therein.
4.2 The Entrepreneur confirms the acceptance of the Agreement. If the Agreement is concluded electronically, the Entrepreneur may also accept the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Customer may dissolve the Agreement.
4.3 If the Agreement is concluded remotely (electronically), the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, the Entrepreneur will observe appropriate security measures to that end.
4.4 The Entrepreneur may - within legal frameworks - inform himself of the ability of the Customer to meet his payment obligations, as well as of all those 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 application or to attach special conditions to the execution, while giving reasons.
4.5 The Entrepreneur will send the Consumer the information as specified in Article 6:230m of the Dutch Civil Code no later than upon delivery of the product or service.
4.6 The Entrepreneur may, provided he has clearly informed the Consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
Article 5: The price
5.1 All prices listed on the Operator's Website include VAT. The offers and invoices show the VAT amount for business customers.
5.2 During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
5.3 Notwithstanding the previous 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 control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
5.4 Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
5.5 Price increases from 3 months after the conclusion of the agreement are only allowed if the Entrepreneur has stipulated it and:
They are the result of legal regulations or provisions; or
The Consumer is authorized to terminate the Agreement as of the day on which the price increase takes effect.
Article 6: Terms of payment for Consumers
6.1 Payment must be made within 14 days after the conclusion of the Agreement.
6.2 The Consumer may never be required to make an advance payment of more than 50%.
6.3 The Consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the Entrepreneur.
6.4 In case of default of payment by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
Article 7: Payment terms for Business Customers
7.1 Payment by business customers shall be made on account. Business Customers must transfer the amount within 14 days to the bank account number specified by the Entrepreneur on the invoice.
7.2 The business customer has the duty to immediately report inaccuracies in payment details provided or stated to the Entrepreneur.
7.3 In case of non-payment by the business customer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the business custome
Article 8: Right of withdrawal for Consumers
8.1 The Consumer has the option of dissolving the Agreement without giving reasons for a period of 14 days. This Reflection Period starts the day after receipt of the product by the Consumer.
8.2 During the Reflection Period, the Consumer will handle the product and its packaging with care. The Consumer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the Consumer makes use of his/her Right of Withdrawal, the Consumer shall return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the Operator, in accordance with the instructions provided by the Operator.
8.3 If the Consumer makes use of his/her Right of Withdrawal, the shipping costs shall be borne by the Consumer. The Operator will refund the purchase price, minus the shipping costs, to the Consumer within 30 days after the return.
8.4 The Right of Withdrawal does not apply in the following cases:
Article 9: Exclusion of right of retention for Business Customers.
9.1 Business Customers do not have a right of retention and cannot return Products.
Article 10: Force majeure
10.1 If the Contractor is unable to comply with its obligations due to a permanent failure for which it cannot be held responsible, it will have the right, within a reasonable period of time, to terminate all or part of the Agreement by means of a written statement, without the Contractor being obliged to pay any compensation to the Customer.
10.2 A failure not attributable to the Contractor will be considered permanent if the performance in question cannot be performed within a reasonable period after the circumstances have occurred. This reasonable period will in any event be deemed to be within 14 days.
10.3 If the performance can be carried out within a reasonable period, the breach is not permanent and neither the Contractor nor the Customer can dissolve the Agreement. The Contractor's obligation to perform is suspended without being liable to pay any damages or benefits to the Customer.
Article 11: Personal data
11.1 The website is provided with an SLL Certificate. This means that Operator complies with all legal requirements regarding the security of the Customer's Personal Data.
11.2 Undertaker shall never provide the Customer's Personal Data to third parties except to the extent necessary for the performance of the Agreement.
Article 12: Intellectual property
12.1 Unless otherwise agreed in writing, all intellectual property rights relating to the Products belong to the Operator. These rights are not transferred.
Article 13: Liability and indemnity
13.1 In performing the Agreement, the Contractor shall exercise all care and skill reasonably expected of the Contractor. The Operator will not be liable for damages of any kind if it has relied on incorrect and/or incomplete information provided by the Customer, unless such incorrectness or incompleteness should have been known to the Operator.
13.2 The Contractor will not be liable for any direct or indirect damage suffered by the Customer, including consequential damage, relating to a failure on the part of the Contractor or persons engaged by the Contractor in the performance of the Agreement, unless there is intent and/or gross negligence.
13.3 Operator is not liable for the loss of passwords by the Customer. If the Customer has forgotten his/her password, a new password can be requested via the Entrepreneur's Website.
13.4 Any claim against Entrepreneur shall lapse twelve (12) months after it has become due and payable.
13.5 The Customer indemnifies the Operator against any (product) liability with third parties as a result of a defect/defect in the Operator's Product.
13.6 If, subject to the foregoing, the Operator can be held liable, such liability shall be limited to the insured amount that qualifies for payment under the Company's (corporate) liability insurance. In the event that the damage is not covered by the insurance or the insurer does not pay out in any case, the liability shall be limited to a maximum of twice the invoice amount of the relevant agreement, at all times with a maximum of € 1,000.
13.7 The Customer shall indemnify the Operator against all third-party claims for which the Operator is not liable under the foregoing.
Article 14: Complaints procedure
14.1 The Operator has a complaints procedure in place and will handle any complaint from the Client in accordance with this complaints procedure.
14.2 Complaints about the performance of the Agreement must be submitted, fully and clearly described, to the Entrepreneur within a maximum period of 14 days after the Customer has discovered the defects.
14.3 Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed response.
14.4 If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute resolution procedure.
Article 15: Disputes
15.1 Disputes between the Client and the Entrepreneur about the formation or performance of contracts relating to products and services to be supplied or delivered by this Entrepreneur can be submitted by both the Client and the Entrepreneur to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl) with due observance of the provisions set out below.
Article 16: Applicable law
16.1 All agreements concluded with the Entrepreneur or obligations arising from them shall be governed exclusively by Dutch law.
Article 17: Amendments
17.1 The Operator shall be entitled to amend these General Terms and Conditions. The amended provision(s) shall take effect on the date specified in the amendment. A new version of the General Terms and Conditions will be available to read and download on the Entrepreneur's website after the time of amendment.
Article 18: Repair clause nullities
18.1 If any provision of these General Terms and Conditions or of the underlying Agreement should be wholly or partially void and/or invalid and/or unenforceable as a result of any statutory regulation, judicial decision or otherwise, this will have no effect on the validity of all the other provisions of these General Terms and Conditions or the underlying Agreement.
18.2 If a provision of these General Terms and Conditions or the underlying Agreement should not be valid for a reason referred to in the previous paragraph, but would be valid if it had a more limited scope or purport, then this provision will -first and foremost- automatically apply with the most far-reaching or extensive more limited scope or purport with which or within which it is valid.
18.3 Without prejudice to the provisions of paragraph 2, the parties may consult with each other to agree on new provisions to replace the void or nullified provisions. The purpose and purport of the invalid or voided provisions will be approximated as much as possible.
© Nic&Mic, November 20, 2023
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