Terms and Conditions

General Terms and Conditions Minitials B.V.

 

Table of contents

Article   1 – Definitions

Article   2 – Identity of Minitials

Article   3 – Applicability

Article   4 – The Offer

Article   5 – Orders

Article 6 – Formation of the Contract

Article 7 – Right of Withdrawal

Article   8 – Costs in Case of Withdrawal

Article   9 – Exclusion of Right of Withdrawal

Article 10 – Price

Article 11 – Conformity and Guarantee

Article 12 – Delivery and Execution

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Retention of Title

Article 16 – Intellectual Property Rights

Article 17 – Applicable Law and Competent Court

Article 18 – Supplementary or Varying Provisions

 

Article 1 – Definitions

The terms used in these General Terms and Conditions are defined as follows:

 

  1. Reflection Period: the period of time within which the Consumer may exercise its Right of withdrawal;
  2. Consumer: the natural person who does not operate in the course of a profession or on behalf of a company and enters into a Contract with Minitials;
  3. Durable Data Carrier: any instrument which enables the Consumer or Minitials to store information addressed personally to them in a way accessible for future reference and which allows the unchanged reproduction of the information stored.
  4. Right of Withdrawal: the option Consumer has to withdraw from the Contract within the Reflection period;
  5. Model Withdrawal Form: the model form for withdrawal issued by Minitials to be used by the Consumer should they wish to exercise their right of withdrawal.
  6. Product/Products: all products to be delivered by Minitials to Consumer under the Contract.
  7. Minitials: the brand and trade name of Minitials used to offer Products to Consumer at a distance through the Website and whose identity is listed in article 2 of these General Terms and Conditions;
  8. Contract: any distance contract effected between Minitials and the Consumer, including any amendment or addition to said Contract, as well as all (legal) acts for the preparation or execution of the contract;
  9. General Terms and Conditions: the present General Terms and conditions of Minitials.
  10. Website: the website minitials.com, on which Consumer can electronically order Minitials’ Products.

 

Article   2 – Identity of Minitials

Minitials B.V.

Victoriapark 8

5611 BM Eindhoven

Telephone: +31 (0) 6 34 86 26 22

Email address: info@minitials.nl

Chamber of Commerce number: 68246706

VAT identification number: NL857359563B01

 

Article   3 – Applicability

  1. These General Terms and Conditions apply to every offer made by Minitials, any order placed by Consumer and to every Contract effected between Minitials and Consumer.
  2. Prior to the conclusion of the Contract, the text of these General Terms and Conditions will be made available to Consumer. If this is not reasonably possible, Minitials shall inform Consumer, before the conclusion of the Contract, that the General Terms and Conditions are available for inspection at Minitials and can be sent to Consumer free of charge at Consumer’s request.
  3. If the Contract is concluded digitally, then, contrary to the previous paragraph, and before the Contract is concluded, the text of these General Terms and Conditions will be made available to Consumer electronically in such a way that the Consumer can easily store them on a Durable Data Carrier. If this is not reasonably possible, then before concluding the Contract, Minitials shall inform Customer where the General Terms and Conditions can be inspected electronically and that these can be sent to Consumer free of charge, either electronically or in some other way.
  4. Should one or more provisions of these General Terms and Conditions be fully or partially void or voided at any time, the other provisions of these General Terms and Conditions will remain fully in effect and parties will replace the provision in question by a valid provision that is as similar as possible in content and purport to the original provision.
  5. If there is a lack of clarity about the interpretation of one or more provisions of these General Terms and Conditions and situations not accounted for in these General Terms and Conditions, these should be assessed and interpreted ‘in the spirit’ of these General Terms and Conditions
  6. Consumer is obligated to accept the General Terms and Conditions before the conclusion of the Contract, in the absence of which the Contract will not be concluded. Placing an order through the Webshop and checking the box next to the text: “I have read and agree to the website terms and conditions” is considered acceptance of the General Terms and Conditions.

 

Article   4 – The Offer

  1. When an Offer has a limited validity or is made subject to conditions, this will be expressively mentioned in the offer.
  2. The offer of Minitials is without obligation, unless explicitly stated otherwise. Minitials is entitled to change, amend or revoke the offer. Minitials reserves the express right to change the prices if and when a change in the VAT rate and/or raw material prices gives rise to such a change. When the offer changes after the conclusion of the Contract, the Consumer is entitled to terminate the Contract and cancel the order within 10 calendar days after being notified of the changes to the offer made by Minitials.
  3. Offers do not automatically apply to repeat orders and Minitials reserves the right to amend the price of an offer.
  4. The offer includes a full and precise description of the offered Products. The description is sufficiently detailed to allow the Consumer to assess the offer properly. An obvious error or mistake in the offer does not bind Minitials.
  5. All images, specifications and details in the offer are indicative and cannot give rise to damages or termination of the Contract.
  6. Images of Products will be a true representation of the Products on offer. Minitials cannot guarantee that the colours displayed exactly matches the real colours of the Products.
  7. For the validity of all offers the following applies: while stocks last or the duration as stated on the Website. If the validity of an offer has expired, the offer expires by operation of law and the Consumer can no longer make use of the offer.

 

Article   5 – Orders

  1. Consumer can place orders in the ways indicated on the Website.
  2. Minitials is entitled to refuse an order or attach further conditions to the Contract provided it has proper grounds to do so. In that event, the Contract will either be terminated or amended. Should the Consumer not agree to the amendment of the Contract, the Consumer is entitled to terminate the Contract and cancel the order, within 10 calendar days after being notified by Minitials of these changes.
  3. Should Minitials not accept an order or when Minitials wishes to attach special conditions to the Contract, Minitials must inform Consumer of this no later than seven days after receipt of the order.
  4. Minitials will not accept any orders for which the home address of Consumer cannot be established.
  5. Minitials may enquire – within the statutory parameters – about Consumer’s ability to fulfil its payment obligations, as well as about all facts and factors which could be of importance for the responsible conclusion of the Contract. Should Minitials, on the basis of these enquiries, have proper grounds to refuse the conclusion of the Contract, it is entitled to refuse an order or order or to attach special conditions to its performance, such by citing its motivation for doing so.

 

Article 6 – Formation of the Contract

  1. The Contract is formed, subject to the provisions in article 5, when Consumer places an order with Minitials based on the offer made by Minitials, thus accepting the offer and complying with the applicable terms.
  2. If the Consumer has accepted the offer electronically, Minitials will immediately and electronically confirm its acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Minitials, the Consumer may terminate the Contract.
  3. If and to the extent that the Contract is formed electronically, Minitials will take suitable technical and organisational measures to secure the electronic transfer of data and provide a safe digital environment. If the Consumer can pay electronically, Minitials shall take appropriate security measures.
  4. Every Contract is entered into under the suspensive condition of sufficient availability of the Products concerned.

 

Article 7 – Right of Withdrawal

  1. When purchasing products, the Consumer may cancel the Contract during a period of 14 Days, without stating reasons. This reflection period commences on the day after the Products were received by the Consumer or – when Consumer has indicated a delivery address other than its home address – on the day the Products were received on this delivery address. Minitials may exclude the Right of Withdrawal pursuant to article 9 of these General Terms and Conditions.
  2. During the Reflection period Consumer will handle the Products and the packaging with due care. Consumer shall only unpack or use the Product to the extent this is necessary to assess whether they wish to keep the Product. Should Consumer exercise its Right of Withdrawal, he shall return the Product to Minitials including all accessories that were delivered with it and – insofar as possible – in its original state and packaging, in accordance with the instructions provided by Minitials.
  3. If Consumer intends to use its right of withdrawal, it must inform Minitials of this intention within 14 days after receiving the Product. This intention must be expressed by Consumer through the Model Withdrawal Form included as an appendix to these General Terms and Conditions. Once the Consumer exercises its Right of withdrawal, the Consumer must return the Product within 14 days. The Consumer must prove that the delivered Products were returned in a timely manner by means of a proof of postage.
  4. If the Consumer has not indicated its wish to exercise its Right Of Withdrawal or sent the Product back within the period of time listed under paragraphs 2 and 3, the purchase is final.

 

Article 8 – Costs in Case of Withdrawal

  1. Should the Consumer use its Right of Withdrawal, its costs will be limited to the costs of the return shipment.
  2. Any amounts paid by Consumer in this regard will be refunded as soon as possible, always within 14 days of the withdrawal. This repayment is subject to the condition that the returned Product has been received by Minitials or conclusive evidence of the return shipment is provided. Repayment will be made using the same payment method that was used by the Consumer, unless the Consumer expressly agrees to a different payment method.
  3. In case of damage to the Product as a result of negligence on the part of Consumer, the Consumer will be liable for any decrease in the value of the Product.
  4. The Consumer cannot be held liable for a decrease in the value of the Product if Minitials failed to provide all regulatory information regarding the Right of Withdrawal, this should be done before the conclusion of the Contract.

 

Article   9 – Exclusion of Right of Withdrawal

  1. Minitials can exclude Consumer’s Right of Withdrawal for Products:
  2. manufactured by Minitials in accordance with specifications provided by Consumer, including but not limited to engraved Products or Products that were cast by a third party;
  3. are obviously personal in nature;
  4. that cannot be returned due to their nature; and
  5. whose prices are subject to fluctuations of the financial markets that are beyond Minitials’ control.

 

Article 10 – Price

  1. During the term of validity stated in the offer, the prices of the offered Products shall not be increased, except for price changes that reflect changes in VAT rates and costs of raw materials.
  2. In derogation of the previous paragraph, Minitials may offer variable prices for Products whose prices are subject to fluctuations on the financial market beyond Minitials’ control. The offer must then refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the conclusion of the Contract are only permitted if they are the result of legislation or regulations.
  4. Price increases after 3 months after the conclusion of the Contract are only permitted if:
  5. they are the result of legislation or regulations; or
  6. these are the result of a change of the raw material prices; and
  7. the Consumer is allowed to terminate the Contract on the day that the increase of price rates takes effect.
  8. The prices of the Products in the offer are inclusive of VAT.
  9. Consumer will be notified separately and prior to ordering if a contribution to the shipping costs is charged.
  10. All prices are subject to printing and typographical errors. Minitials does not accept any liability for printing and typographical errors. In the event of printing and typographical errors, Minitials cannot be held to deliver a Product in accordance with the incorrect price.

 

Article 11 – Conformity and Guarantee

  1. Minitials guarantees that the Products comply with the Contract, the specifications listed in the offer, the reasonable requirements of soundness and/or usability and with legislations and government regulations effective at the date of the conclusion of the Contract.
  2. Consumer must notify Minitials in writing of any defects or incorrectly delivered Products within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  3. The guarantee period used by Minitials corresponds with the manufacturer’s warranty term. However, Minitials can never be held responsible for the suitability of the Products for every individual application by the Consumer, nor for any advice given in regard to the use or the application of the Products.
  4. The guarantee does not apply when:
  • The Consumer has repaired or processed the Products itself or had a third party repair or process the Products;
  • The delivered Products have been exposed to abnormal conditions or were otherwise used carelessly or were used contrary to the instructions provided by Minitials and/or stated on the packaging;
  • The defect is fully or partially the result of (future) government regulations in regard to the nature or the quality of the materials used.

 

Article 12 – Delivery and Execution

  1. Minitials shall exercise due care in the acceptance and execution of the order of the Products.
  2. The place of delivery is the address provided to Minitials by Consumer.
  3. With due observance of the provisions in paragraph 4 of this article, Minitials shall execute the orders with due speed and always within 30 days, unless Consumer agreed to an extended delivery period. In the event that a delivery is delayed, or when an accepted and paid order cannot or not fully be executed, the Consumer will receive notice of this within 30 calendar days after placing the order. In that event, Consumer is entitled to terminate the Contract free of charge. The Consumer shall not be entitled to any damages. If the Consumer paid for the Products, Minitials will refund this amount as soon as possible, always within 14 days of the termination of the Contract.
  4. All delivery times are indicative. Consumer cannot derive any rights from any listed delivery times. The mere lapse of a delivery time does not entitle Consumer to damages, termination of the Contract, or non-performance of any obligation on the part of Consumer arising from the Contract or any connected Contract, such with the exception of the provisions in paragraph 3 of this article.
  5. Should delivery of an ordered Product prove impossible, Minitials shall make every effort to offer a replacement article. A clear and understandable notification of a replacement article shall be made no later than at the time of delivery. The costs of any return shipments are at the expense of Minitials.
  6. The risk of damage and/or loss of the Products will be borne by Minitials up to the moment of delivery to the Consumer or – when Consumer has indicated a delivery address other than its home address – on the day the Products were received on this delivery address, unless expressly agreed otherwise.
  7. Consumer is obligated to take possession of the Products at the agreed on location/locations at the time Minitials delivers them of has them delivered to Consumer, or at the time that they are put at its disposal according to the Contract. Should Consumer remain in default in this regard, any costs arising from this will be at Consumer’s expense, including shipping costs.
  8. Should Consumer refuse to or be negligent in offering information or instructions necessary for the delivery, the Products intended for delivery will be stored at the expense and risk of Consumer.
  9. If Consumer has given an incorrect delivery address, Minitials is entitled to charge any subsequent shipping costs to Consumer.
  10. Minitials will make every effort to keep its Website as up-to-date as possible. In the unlikely event that a Product is no longer available, Minitials will inform Consumer within 30 days after the order was placed.

Article 13 – Payment

  1. Unless otherwise agreed, any amounts owed by the Consumer under the Contract must be paid within 7 working days after the start of the reflection period referred to in Article 7 paragraph 1.
  2. Consumer can pay the ordered Products prior to the delivery using iDEAL, Paypal, or credit card.
  3. The Consumer has the obligation to promptly inform Minitials about any inconsistencies in the payment details it has provided or listed.
  4. In the event of non-payment on the part of the Consumer, Minitials may, subject to statutory restrictions, charge Consumer with any predetermined reasonable costs it has incurred.

 

Article 14 – Complaints Procedure

  1. Minitials handles complaints from Consumers in accordance with its complaints procedure.
  2. Complaints about the performance of the Contract must be lodged with Minitials within 7 days after the Consumer establishes the defects and must include a clear description of said defects.
  3. Small deviations considered acceptable in the field or technically unpreventable, in quality, colour, size, weight, finish, design and the like, are not considered grounds for complaints.
  4. Complaints lodged with Minitials will be handled within 14 days after the date of receipt. If it is anticipated that a longer period will be required to handle a complaint, Minitials will confirm receipt of the complaint within 14 Days and inform the Consumer on when they may expect a more detailed response.
  5. A complaint does not suspend Minitials’ obligations, unless Minitials confirms in writing that it will.
  6. Should Minitials find a complaint to be valid, Minitials, at its discretion, may either repair or replace the delivered Products upon return, unless this cannot reasonably be expected of Minitials. In that event, Minitials will refund the invoice amount of the Products to the Consumer upon return of the delivered Products.

 

Article 15 – Retention of Title

Minitials retains full ownership of the delivered Product(s) until the purchase price has been paid in full.

 

Article 16 – Intellectual Property Rights

  1. The Intellectual Property Rights to the (designs) of the Products, as well as accompanying texts, images, design, data files, photos and other (still or moving) visual materials, formats, software, brands, domain names and other materials, which arise from the Website, are held by Minitials.
  2. Consumer is not entitled to publicise or reproduce (parts of) the Website in any way. Consumer may only place a hyperlink to the Website when this is purely for information purposes towards Consumers. The placement of a hyperlink for any other purpose, including a commercial aim, is strictly prohibited.

Article 17 – Applicable Law and Competent Court

  1. Dutch law exclusively governs all Contracts between Minitials and Consumer to which these General Terms and Conditions apply. This also applies to Consumers living abroad.
  2. All disputes relating to a Contract or the performance of a Contract between Consumer and Minitials which cannot be resolved between parties, will be submitted to the competent court for the jurisdiction in which Consumer resides.

 

Article 18 – Supplementary or Varying Provisions

Supplementary provisions to these General Terms and Conditions or provisions varying from these General Terms and Conditions may not disadvantage the Consumer and must be confirmed in writing in such a way that these can be stored on a Durable Data Carrier in an accessible way.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the Contract)

  • To
    Minitials B.V.
    Victoriapark 8
    5611 BM Eindhoven
    info@minitials.nl
    Telephone: +31 (0) 6 34 86 26 22

— I/We* hereby give notice that I/We* withdraw from my/our* Contract of sale of the following goods*/provision of the following service (*):

 

 

 

— Ordered on (DD-MM-YYYY) :                                             — Order number :

 

 
 

 

— Received on (DD-MM-YYYY) :

 

 

 

– Name of consumer(s)

 

 

 

– Address of consumer(s)

 

 

 

IBAN bank account number:

 

 

 

Signature of consumer(s) (only if this form is notified in writing)

 

 

 

Date (DD-MM-YYYY):

 

 

 

(*) Delete as appropriate

 

 

 

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