GENERAL CONDITIONS NL/ENG

MINGO GENERAL CONDITIONS

Concepts

MINGO: the company MINGO, the user of these general terms and conditions
Agreement: the agreement between MINGO and You with regard to one or more items to be delivered by MINGO
Terms and Conditions: these general terms and conditions of which MINGO is the user and which apply to agreements between MINGO and a consumer
You are the consumer who enters into a distance contract with MINGO
Item(s) the item(s) supplied by MINGO
Distance agreement: an agreement in which, within the framework of a system for the distance sale of services/items organized by MINGO, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Website the internet site http://www.mingokids.com

1 Applicability
These Terms and Conditions apply to all offers, orders and Agreements from MINGO to the exclusion of any other general terms and conditions.
Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions and that they form part of the concluded Agreement.
Deviations from these Terms and Conditions can only be agreed in writing and only apply with regard to the specific Agreement to which the deviations relate.
In addition to these Terms and Conditions, additional terms and conditions may apply to certain Articles if expressly stated.
In the event that these Terms and Conditions and the Agreement contain conflicting provisions, the terms and conditions included in the Agreement will apply.
These Terms may be changed at any time. However, changes to these terms and conditions will only take effect after they have been published on the Website. In the event of applicable changes during the term of an offer, the most favorable provision for you will apply.

2 Offers/Agreements
All MINGO offers are without obligation and while supplies last. MINGO expressly reserves the right to change prices, especially when this is necessary based on (legal) regulations.
An Agreement is only concluded after acceptance of the order by MINGO. MINGO is entitled to refuse orders with reasons or to attach special conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, MINGO will notify this within ten (10) working days of receipt of the order.
MINGO reserves the right to cancel an order without giving reasons if the order is incomplete and/or incorrectly completed.
If You do not fulfill one or any of its obligations under the Agreement(s) concluded with MINGO, do not do so on time or do not do so properly, You are legally in default. MINGO will then be entitled to unilaterally terminate the Agreement in whole or in part without notice of default and without judicial intervention, by means of a written notice, without MINGO being obliged to pay any compensation. This is without prejudice to any further rights accruing to MINGO.
Oral commitments only bind MINGO after they have been expressly confirmed in writing.
MINGO offers do not automatically apply to repeat orders.
MINGO is authorized to use third parties in the execution of the Agreement.

3 Prizes
The prices stated for the Items are in euros and include VAT unless stated otherwise. Shipping costs are not included in the prices stated (unless stated otherwise). See the Website for shipping costs.
MINGO is not responsible for any import or customs duties in the event that the order is sent to a country other than the Netherlands. You must pay these costs yourself.
MINGO cannot be held to price statements that are clearly incorrect, for example as a result of apparent input or printing errors.
Additional (payment/order) conditions may be imposed on your order. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of MINGO.

4 Payments
Payment can be made in (one of) the method(s) indicated during the ordering process on the Website.
All payment orders are processed through a specialized payment provider. The general terms and conditions of the relevant payment provider therefore apply to payment orders.
The invoice will be handed over or sent upon delivery. The invoice also constitutes the warranty certificate.
Payment must in any case be made without discount or compensation within 14 (fourteen) days after the invoice date, unless otherwise agreed in writing.
If the payment term is exceeded, you will be in default from the day on which payment should have been made. From that day onwards, you also owe the statutory interest per month or part of a month on the outstanding amount.
In the event that You are in default of payment of an amount due under the Agreement, MINGO will send You a reminder giving a final payment term of fourteen (14) days. The amount of the extrajudicial collection costs will also be indicated, which you will irrevocably become liable to pay if payment is not made within this period. The extrajudicial costs are calculated in accordance with paragraph 4 of Article 6:96 of the Civil Code.
If You are in default of any payment, MINGO is entitled to suspend or terminate (the performance of) the relevant Agreement and related agreements.

5 Ordering process and delivery
MINGO will exercise the utmost care when receiving and executing the order.
MINGO is not liable for any damage caused to You or third parties during or as a result of delivery, unless You demonstrate that the damage is the result of gross negligence, gross negligence or intent on the part of MINGO.
The risk of the Item passes to You at the time of delivery.
When ordering Items to be delivered by MINGO, the place of delivery must be described as accurately as possible. Unless otherwise agreed, delivery will take place to the address you have provided to MINGO. If an incorrect address is entered when ordering, resulting in incorrect shipping, the resulting costs will be at your expense.
MINGO strives to deliver in the Netherlands within 1-3 working days. Outside the Netherlands but in Europe, you must take into account a delivery time of at least 3-4 working days. These delivery times are only indicative and are never a strict deadline. MINGO may provide further information regarding delivery times on the Website or make it known in some other way. Such information is only indicative.
Different conditions may apply to deliveries abroad.
MINGO is not responsible for any delays that occur in delivery by PostNL or any other carrier engaged by MINGO.
Deviations in color, type, text and/or price changes are reserved.
You must carefully follow the instructions and warnings stated on the Website and packaging.

6 Examination upon delivery
You must immediately check upon delivery whether MINGO has properly fulfilled the Agreement. MINGO must immediately notify you in writing as soon as the contrary appears.
MINGO is always entitled to substitute a new satisfactory performance for a previous defective performance. This unless the default cannot be remedied.
Compliance with the Agreement is considered valid between both parties if you have failed to make the investigation or notification referred to in the first paragraph of this article on time.
In any case, MINGO's performance is deemed to be sound between the parties as soon as you have put the delivered goods or part of the delivered goods into use, edited or processed them, delivered them to third parties, or had them put into use, edited or processed. or has had it delivered to third parties. This is unless you have complied with the provisions of the first paragraph of this article.
The aforementioned paragraphs do not affect the rights and claims that You may assert against MINGO under consumer law in relation to a failure to fulfill MINGO's obligations.

7 Retention of title
The right of ownership of the delivered goods will only be transferred if you have paid all that is owed to MINGO under any Agreement.
If the sold item has been delivered but not yet paid for, you may not hand it over or make it available to third parties under any title or name whatsoever.

8 Right of withdrawal and return
When purchasing unspecified standard items from the existing range, you have the option to terminate the Agreement without giving reasons within fourteen (14) days. This period commences on the day after receipt of the Item by You or a representative designated in advance by You and made known to MINGO.
During the cooling-off period, you must handle the Item and its packaging with care. This means that you will only unpack or use the Item to the extent necessary to assess whether you wish to keep the Item.
If you exercise your right of withdrawal, you must return the complete order with all accessories supplied and - if reasonably possible - in the original condition and packaging to MINGO, in accordance with the reasonable and clear instructions provided by MINGO.
If you exercise your right of withdrawal, you will be responsible for a maximum of the return shipping costs.
If you have already paid the fee due, MINGO will refund this amount to you as soon as possible, but no later than fourteen (14) days after the return or cancellation.
Excluded from the right of withdrawal are Articles that have been created by MINGO in accordance with Your specifications such as (not intended to be exhaustive) after delivery of a design or specific texts.
MINGO reserves the right to refuse returned Items (within or outside the fourteen (14) day withdrawal period) or to credit only part of the paid amount if it is suspected that the Item has been used, worn, washed, the packaging (in whole or in part) is damaged, used or damaged by Your actions or in the event that the original order is no longer complete.
MINGO provides you with a model form for the right of withdrawal.

9 Force majeure
Without prejudice to its other rights, MINGO has the right, in the event of force majeure, to suspend the execution of the order or to terminate the Agreement without judicial intervention, at its own discretion. You will then be informed of this in writing. In this case, MINGO will not be obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
In these Terms and Conditions, force majeure is defined as, in addition to what is understood in that area in law and case law, all external causes, foreseen or unforeseen, over which MINGO has no influence, but as a result of which MINGO is unable to fulfill its obligations. . Force majeure also includes disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time.

10 Commercials
MINGO guarantees that the delivered Item complies with the Agreement and meets the specifications stated in the offer that you may expect under the Agreement under normal use.
Any complaints regarding goods delivered by MINGO must be reported in writing to MINGO within eight (8) days of delivery.
If the aforementioned notifications have been made orally, you must confirm them in writing as soon as possible.
Returns of Items already delivered by MINGO will only be accepted by the latter after written permission from MINGO. These returns are entirely at your expense and risk.
The aforementioned paragraphs do not affect the rights and claims that You can assert towards MINGO in relation to a failure to fulfill MINGO's obligations under consumer law.

11 Liability
All Articles have been compiled with the utmost care. However, MINGO is not liable for any damage, whether physical, material or immaterial, resulting from incorrect use of the Items sold by MINGO and/or loose materials or accessories.
MINGO is not liable if damage is due to intent and/or failure to observe the washing instructions in the label of the Items.
MINGO is only liable for direct damage to You or third parties if and insofar as the damage is the direct and immediate result of an attributable shortcoming in the execution of the Agreement by MINGO or if this is at the risk of MINGO on the basis of mandatory legal provisions. is.
MINGO's liability in accordance with the previous paragraph is limited to a maximum of the purchase price of the delivered Item, unless the damage is the result of gross negligence, gross negligence or intent on the part of MINGO.
Furthermore, MINGO's liability is limited in total to the amount paid out in the relevant case under the company liability insurance taken out, plus the amount of the deductible.
MINGO is not liable for advice stated on the Website, nor for deviations in prices, images and texts from the data included on the Website or other MINGO documentation.
Under no circumstances will MINGO be liable for any form of indirect damage, including business damage and consequential damage, even if MINGO has been informed of a possible occurrence of such indirect damage.

12 Intellectual property
You must fully and unconditionally respect all intellectual property rights vested in the Items supplied by MINGO.
You expressly acknowledge that all intellectual property rights to displayed information, communications or other expressions relating to the Articles and/or relating to the Website belong to MINGO, its suppliers or other rights holders.
Printed matter and images of Articles may not be used without permission from MINGO.

13 Personal data
Personal data is stored in MINGO's customer system to process orders.
You have the right to ask MINGO at any time what data is present in the database and to change it. MINGO cannot guarantee the security of Your personal information transmitted by you over the Internet as there is a possibility that such personal information may be intercepted. MINGO is not liable for this.
If you register on the MINGO Website, you undertake to provide the correct information. Passing on false information is against the terms and conditions on the Website. Failure to provide data requested during the order and necessary for processing and shipping the order, issuing invoices and initiating the warranty will lead to cancellation of the order. This is without prejudice to MINGO's right to compensation.
If you consent to the processing of your data for the easy processing of new orders and to receive offers and other commercial communications that MINGO deems useful to you, your data will be included in a central file of MINGO and will be used for this purpose. . Only MINGO can send you an email in the context of promotional activities, if you agree. You can revoke your consent or registration for, for example, the newsletter at any time. You can unsubscribe online via email.

14 Dutch law and disputes
Dutch law applies exclusively to every Agreement concluded by MINGO. The possible applicability of the Vienna Sales Convention is expressly excluded.
Disputes that may arise between the parties as a result of the Agreement or as a result of further agreements resulting from it, will be settled by the competent court under the law.

15 Location and changes Conditions
These Terms and Conditions have been filed with the Chamber of Commerce and will be sent by MINGO free of charge upon request. These Terms and Conditions can also be downloaded and saved via the Website.
The most recently filed version or the version that applied at the time the Agreement was concluded always applies.
The Dutch text of these Terms and Conditions always determines their interpretation.

16 Identity of MINGO
The BV MINGO BV is located at Vijverhofstraat 88, 3032 SN Rotterdam. MINGO can be reached on working days from 9:00 AM to 6:00 PM at the email address info@mingokids.com. The Chamber of Commerce number is 63671050.


MINGO TERMS & CONDITIONS

Definitions

MINGO: the enterprise MINGO, the user of these general terms and conditions.
Agreement: the agreement between MINGO and you with regard to one or more items to be delivered by MINGO
Terms and conditions: these general terms and conditions, of which MINGO is the user and which apply to the agreements between MINGO and a consumer You the consumer who enters into a distance agreementItem(s)the item/items delivered by MINGO
Distance agreement: an agreement whereby in the context of a system organized by MINGO for sale at a distance of services/items, up to and including the concluding of the agreement, exclusive use is made of one or more technologies for communication at a distance
Website: the internet site http://www.mingokids.com

1 Applicability
These terms and conditions apply to all offers, orders and agreements of MINGO with the exclusion of any other general terms and conditions.
The acceptance of an offer or the placing of an order constitutes the acceptance by you of the applicability of these terms and conditions and the acceptance by you that these form part of the concluded agreement.
Any derogations from these terms and conditions only can be agreed to in writing and only apply with regard to the specific agreement to which the derogations relate.
In addition to these terms and conditions, additional terms and conditions can apply to specific Items if this has been expressly stated.
In the event that these terms and conditions and the agreement contain mutually conflicting provisions, the terms and conditions included in the agreement will apply.
These terms and conditions can be amended at all times. However, amendments of these terms and conditions will only have effect after these amendments have been published on the Website. In the event of applicable amendments during the period of validity of an offer, the provision that is the most favorable for you will apply.

2 Offers/agreements
All offers from MINGO are without obligation and will apply for as long as there is sufficient stock. MINGO expressly retains the right to change the prices, in particular when this is necessary on the basis of (statutory) regulations.
An agreement will only come into effect after acceptance of the order by MINGO. MINGO will be entitled to refuse orders, stating reasons, or to attach special conditions to the delivery, unless expressly determined otherwise. If an order is not accepted MINGO will report this within ten (10) working days after receipt of the order.
MINGO retains the right to cancel an order without stating reasons if the order is incomplete and/or incorrectly filled in.
You will be in default by operation of law if you do not fulfill, or do not fulfill in a timely manner, or do not properly fulfill any of your obligations on the basis of the agreement(s) concluded with MINGO. In that case MINGO will have the right to unilaterally terminate the agreement wholly or in part, without notice of default and without judicial intervention, by means of notice in writing and without MINGO becoming liable for any compensation. This is without prejudice to any further rights accruing to MINGO.
Verbal promises will only bind MINGO after these have been expressly confirmed in writing. Offers from MINGO will not also apply automatically to repeat orders.
MINGO will be entitled to use third parties during the performance of the agreement.

3 Prices
The prices referred to with the Items are in Euros and including VAT unless stated otherwise. The dispatch costs are not included in the prices referred to (unless stated otherwise). Please visit the Website for the dispatch costs.
MINGO will not be responsible for any import and customs duties in the event that the order must be dispatched to another country than the Netherlands. You must personally pay these costs.
MINGO cannot be held bound by quotations which are evidently incorrect, for example as a result of an apparent entry error or printing error. Further (payment/order) terms and conditions can be set out for your order. In the event of payment by bank or giro the date of the crediting of the giro or bank account of MINGO will apply as the date of payment.

4 Payments
Payment can take place by means of (one of) the method(s) as stated during the order process on the Website.
All payment orders will be dealt with by a specialized payment provider. The general terms and conditions of the payment provider concerned will therefore apply to the payment orders.
The invoice will be handed over or dispatched with the delivery. The invoice is also the guarantee certificate.
Payment must take place in any event without reduction or setoff compensation within 14 (fourteen) days after the invoice date, unless otherwise agreed in writing.
In the event of exceeding the payment term you will be in default from the day on which this payment should have taken place. You will also owe from that day the statutory interest on the outstanding amount per month or part of a month.
In the event that you are in default of payment of an amount owed on the basis of the agreement MINGO will send a demand letter in which a final payment term of fourteen (14) days will be outlined. The level of the extrajudicial collection costs, which you will irrevocably owe if payment is not forthcoming within this period, will also be stated in this letter. The extrajudicial costs will be calculated in conformity with subsection 4 of Section 96 Book 6 of the Civil Code.
If you are in default of any payment MINGO will be entitled to suspend or terminate (the performance of) the agreement concerned and the agreements related thereto.

5 Order process and delivery
MINGO will observe the utmost due care during taking receipt of and the execution of orders.
MINGO will not be liable for any damage whatsoever arising on your part or on the part of third parties during, or as a result of, the delivery unless you can demonstrate that the damage is the result of gross negligence, gross recklessness, or intention on the part of MINGO.
The risk of the Item will transfer to you at the time of delivery.
The delivery location must be described as precisely as possible when ordering Items to be delivered by MINGO. Unless agreed otherwise the delivery will take place to the address stated by you to MINGO. If an incorrect address is filled in when ordering Items as a result of which the delivery is dispatched incorrectly the costs ensuing therefrom will be at your expense.
MINGO strives to deliver in the Netherlands within 1-3 working days. Outside the Netherlands but within Europe you must take a delivery period of at least 3-4 working days into consideration. These delivery periods are only indicative and will never apply as final deadlines. MINGO can state further information concerning delivery periods on the Website, or make these apparent in another manner. Such information is only for indicative purposes.
Derogating terms and conditions may apply to deliveries abroad.
MINGO will not be responsible for any delay that occurs during the delivery by PostNL or any other carrier engaged by MINGO.
Derogations in colour, type, text and/or price changes are subject to reservation.
You must exactly follow the instructions and warnings as set out on the Website and the packaging.

6 Inspection on delivery
You must immediately on delivery inspect whether MINGO has properly complied with the agreement. You must immediately inform MINGO in writing as soon as the contradiction is evident.
MINGO is always entitled to replace an earlier inferior delivery by a new proper delivery. This is the case except for when the omissions cannot be remedied.
The performance of the agreement will apply between both parties as proper if you have omitted to conduct the inspection, or if you failed to forward the notification, as referred to in the first paragraph of this article.
The goods and services of MINGO will apply in any event as proper between parties as soon as you have made use of, if you have modified or processed, delivered to third parties, or have given into use, have had modified or processed or have had delivered to third parties, the delivery or part of the delivery. This is the case unless you have complied with the provisions of the first subclause of this article.
The aforesaid paragraphs do not affect the rights and claims that you can enforce with regard to MINGO on the basis of consumer legislation related to a failure on the part of MINGO with regard to the fulfillment of the obligations of MINGO.

7 Retention of title
The ownership right of the delivery will only transfer if you have paid all that you own to MINGO on the basis of any agreement.
If the purchased Item has been delivered but has not yet been paid you will not be permitted to hand the delivery to third parties or to make the delivery available to third parties on any legal basis whatsoever, or however described.

8 Right of withdrawal and return consignments
You have the option for non-specified standard Items from the existing product range to terminate the agreement without stating reasons during a period of fourteen (14) days. This period will commence on the day after the receipt of the Item by you, or by a representative appointed by you and notified to MINGO in advance.
You must treat the Item and packaging with due care during the cooling-off period. This means that you will only unpack or use the Item to the extent and insofar as necessary to be able to assess whether you want to keep the Item.
If you want to rely on your right of withdrawal, you must return the complete order together with all accessories and - if reasonably possible - in the original condition and packaging to MINGO, in conformity with the reasonable and clear instructions provided by MINGO.
If you rely on the right of withdrawal, only the costs of returning will be at your expense.
If you have already paid the amount owed, MINGO will repay this amount to you as soon as possible, but no later than within fourteen (14) days after the return of the order or withdrawal.
Items that have been produced by MINGO in accordance with your specifications, such as (not intended to be an exhaustive list) after providing a design or specific texts, are excluded from the right of withdrawal.
MINGO retains the right to refuse returned Items (within or outside the right of withdrawal period of fourteen (14) days), or to only credit a part of the paid amount, if there is the suspicion that the Item has been used, worn, The packaging is damaged (wholly or in part), used or damaged through your fault, or in the event that the original order is no longer complete.
MINGO will make a model order form available to you for the purpose of the right of withdrawal.

9 Force major
Without prejudice to the other rights accruing to MINGO, in the event of force majeure MINGO will have the right, at its discretion, to suspend the execution of the order, or as the case may be to terminate the agreement without judicial intervention. In that case you will be informed of this in writing. In this case MINGO will not be obliged to any compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.
Force majeure includes in these terms and conditions, in addition to that which is included as to that in the field of law and jurisprudence, all external causes, foreseen or unforeseen, over which MINGO cannot exercise control, but as a result of which MINGO is unable to fulfill its obligations. Force majeure also includes the unavailability at any time of a (telecommunication) network or connection or of the communication systems used and/or the unavailability of the Website.

10 Complaints
MINGO guarantees that the delivered Item will comply with the agreement and will fulfill the specifications set out in the offer, which you can expect on the basis of the agreement for normal use.
Any complaints with regard to the Items delivered by MINGO must be reported in writing to MINGO within eight (8) days after the delivery.
If the aforesaid reporting has taken place verbally you must confirm this as soon as possible in writing.
Return consignments of Items already delivered by MINGO will be accepted by MINGO only after permission in writing from MINGO. These return consignments will be fully at your expense and risk.
The aforesaid subclauses do not affect the rights and claims that you can enforce with regard to MINGO on the basis of consumer legislation related to a failure on the part of MINGO with regard to the fulfillment of the obligations of MINGO.

11 Liability
All Items have been constituted with the utmost care. However, MINGO will not be liable for any material or intangible damage, or personal injury, which is the result of incorrect use of the Items sold by MINGO and/or materials or accessories that have become detached.
MINGO will not be liable if the damage can be attributed to intention and/or failure to comply with the laundry instructions in the label of the Items.
MINGO only will be liable for direct damage or loss suffered on your part or on the part of third parties if and insofar as the damage is the direct and immediate result of an attributable failure in the performance of the agreement by MINGO, or if this is at the risk of MINGO on the basis of mandatory statutory provisions.
The liability of MINGO in accordance with the previous subclause is limited to a maximum of the purchase price of the delivered Item, unless the damage is the result of gross negligence, gross recklessness, or as the case may be intention on the part of MINGO.
Furthermore, the liability of MINGO is in total limited to the amount which is in the case concerned paid under the business liability insurance taken out, plus the amount of the deductible which is not borne by the insurer under the policy conditions.
MINGO will not be liable for the advice set out on the Website, or for derogations in prices, images and texts of the details included on the Website or in other documentation.
MINGO will not be liable under any circumstances for any form of indirect damage, also including trading loss and consequential loss, even if MINGO has been informed of the possible occurrence of such indirect damage.

12 Intellectual property
You must fully and unconditionally respect all intellectual property rights that are vested in the Items delivered by MINGO.
You expressly acknowledge that all intellectual property rights to the represented information, notifications, or other forms of communication and publicity with regard to the Items and/or the Website, are vested in MINGO, its suppliers, or other entitled parties.
Printed matter and images of Items are not permitted to be used without permission from MINGO.

13 Personal data
Personal data is saved in the client system of MINGO for the processing of the orders.
You have the right to request at any time that MINGO informs you of which data is present in the database and to change this data. MINGO cannot guarantee the security of your personal data, which you have sent through the internet, because there is the possibility that this personal data can be intercepted. MINGO will not be held responsible for this.
When you register in the MINGO Website you will undertake to provide correct information. Providing false information is contrary to the terms and conditions on the Website. The failure to provide details that are requested during the order process and that are necessary for the processing and dispatch of the order, generating invoices and activating the guarantee, will result in the cancellation of the order. This is without prejudice to the right of MINGO to compensation.
If you provide permission for the processing of your data for the easy processing of new orders and to be able to be informed about offers and other commercial notifications, which MINGO deems useful for you, your data will be included in a central file of MINGO and will be used for this. It is only MINGO who can send an email to you in the context of promotional activities, insofar as you agree to this. You can at all times withdraw your permission or registration, for example for the newsletter. Signing out can be done online by email.

14 Dutch law and disputes
The law of the Netherlands exclusively applies to every agreement concluded by MINGO. Any applicability of the Vienna Sales Convention is expressly excluded.
Disputes which might arise between parties by reason of the agreement or by reason of other agreements which are the result thereof will be adjudicated by the court with competent jurisdiction on the basis of the law.

15 Location and amendment of terms and conditions
These terms and conditions are filed at the Chamber of Commerce and will be forwarded free of charge by MINGO upon request. These terms and conditions also can be downloaded and saved through the Website.
The version most recently filed, or the version as this applied at the time of the coming into effect of the agreement always applies. The Dutch text of these terms and conditions is always decisive in the interpretation thereof.

16 Identity of MINGO
The trader MINGO BV is established at the Vijverhofstraat 88, 3032 SN Rotterdam. MINGO can be contacted on working days from 09:00 – 18:00 hours at the email address info@mingokids.com. The Ch. or Comm. number is 63671050.

Version October 2019