TERMS & CONDITIONS

 

 

Article 1: Definitions

For the means of these conditions: 

1. "Cooling-off period" means the period within which the consumer may use his right of withdrawal;

1. MIOMILLY HOME .: the legal person offering products and/or services to consumers remotely, hereinafter referred to as MIOMILLY HOME;
2. 'Consumer' means the natural person who does not act in the pursuit of profession or business and enters into a distance contract with MIOMILLY HOME;
3. Day: calendar day;
4. Duration agreement: a distance contract relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, such as e-mail;
6. Right of withdrawal: the possibility for the consumer to opt out of the distance contract within the cooling-off period;
7. 'Distance agreement' means an agreement whereby, under a system for distance selling of products and/or services organised by MIOMILLY HOME, one or more distance communication techniques are used exclusively until the conclusion of the contract;
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9. 9. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur meeting simultaneously in the same space, such as the Internet or telephone.
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Article 2: Identity of MIOMILLY HOME

MIOMILLY™️, located at Herengracht 449A, 1017BR Amsterdam in Netherlands, info@miomilly.com, operating an online shop under the internet address www.miomilly.com, phone number is 020 2440248 registered under the KVK-number 8090 3622
 
 
Article 3: Applicability

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2. 1. These terms and conditions shall apply to any offer made by MIOMILLY HOME and to any distance agreement between entrepreneur and consumer.
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4. 2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be identifiable at MIOMILLY HOME and they will be sent free of charge as soon as possible at the consumer's request.
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6. 3. By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer's request, they will be transmitted free of charge or otherwise free of charge.
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8. 4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
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Article 4: The offer

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2. 1. Where an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
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4. 2. The offer shall contain a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If MIOMILLY HOME uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind MIOMILLY HOME.
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6. 3. Each offer shall contain such information that it is clear to the consumer of the rights and obligations attached to the acceptance of the offer.

 

Article 5: The Agreement

 

1. The contract shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions laid down there by it.

 

2. If the consumer has accepted the offer by electronic means, MIOMILLY HOME shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer may terminate the contract.

 

3. If the agreement is concluded electronically, MIOMILLY HOME shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, MIOMILLY HOME will take appropriate security measures to this end.

 

4. MIOMILLY HOME may inform itself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this investigation, MIOMILLY HOME 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.

 

5. MIOMILLY HOME shall 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 medium:

 

(a) the visiting address of the MIOMILLY HOME branch where the consumer can contact complaints;

 

(b) the conditions under which and the way in which the consumer may avaop the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;

 

(c) information on existing service after purchase and guarantees;

 

(d) the price including all taxes on the product or service; to the extent applicable, the cost of delivery; and the method of payment, delivery or execution of the distance contract;

 

(e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.

Article 6: Right of Withdrawal 

6. Where MIOMILLY HOME has undertaken to supply a range of products or services, the provision in the previous paragraph shall apply only to the first delivery.

 

Article 6a: Right of withdrawal in the case of delivery of products

 

1. When purchasing products, the consumer shall be able to terminate the contract without giving reasons for a period of 14 days.

1. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
2. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product;
3. where the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;
4. in the case of agreements with regular supply of products for a specified period: the day on which the consumer, or a third party designated by him, received the first product.
5. During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he avails himself of his right of withdrawal, he will return the product to MIOMILLY HOME in accordance with the reasonable and clear instructions provided by MIOMILLY HOME, with all the accessories supplied and, if reasonably possible, in its original condition and packaging.
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7. Article 6b: Right of withdrawal in the case of provision of services
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9. 1. In the case of the provision of services, the consumer shall be able to terminate the contract without giving reasons for a period of reflection of 14 days, following the day of the contract.
10. 1. Please be aware of our No exchange and No refund policy for customized products. This applies to all products, sizes and/or finishes which are not offered in our webshop and are especially found and produced in accordance and/or commissioned by customers of MIOMILLY HOME
11. 2. In order to make use of his right of withdrawal, the consumer shall address the reasonable and clear instructions given by MIOMILLY HOME at the time of the offer and/or at the latest at the time of delivery.
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Article 7: Exercise of the consumer's right of withdrawal and its costs

1. If the consumer uses his right of withdrawal, he shall notify it within the time frame by means of the form of withdrawal which is on the website or which is sent to MIOMILLY HOME on request or in any other unambiguous manner.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an agent of) MIOMILLY HOME. This is not necessary if MIOMILLY HOME has offered to pick up the product itself. In any event, the consumer has complied with the timeback when he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all the accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product. If MIOMILLY HOME has not reported that the consumer has to bear these costs or if MIOMILLY HOME indicates that they will bear the costs themselves, the consumer does not have to bear the costs of the return.
6. The consumer shall bear no cost for the full or partial supply of digital content not delivered on a material medium, if:
7. he did not expressly agree to the 10 of the contract before the end of the cooling-off period prior to its delivery;
8. he has not acknowledged losing his right of withdrawal in granting his consent; Or
9. MIOMILLY HOME has failed to confirm this consumer statement.

If the consumer makes use of his right of withdrawal, all additional agreements shall be terminated by law.

 

 

Article 8: Obligations of MIOMILLY HOME on withdrawal

1. If MIOMILLY HOME makes the consumer's notification of withdrawal possible electronically, he shall immediately send an acknowledgement of receipt upon receipt.
2. MIOMILLY HOME shall reimburse all payments made by the consumer, excluding any costs for the return of the product, without delay but within 14 days of the day on which the consumer reports the withdrawal. Unless MIOMILLY HOME offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. MIOMILLY HOME uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.

 

Article 9: Right of withdrawal exclusion

 

1. MIOMILLY HOME may exclude the following products and services from the right of withdrawal, but only if MIOMILLY HOME has clearly indicated this in the offer, at least in time for the conclusion of the agreement.

 

2. Exclusion from the right of withdrawal shall be possible only for products:

 

(a) established by MIOMILLY HOME in accordance with consumer specifications;

 

b. which are clearly personal in nature;

 

(c) sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;

 

(d) which can quickly spoil or age;

 

(e) the price of which is linked to fluctuations in the financial market over which MIOMILLY HOME has no influence;

 

f. for individual newspapers and magazines other than subscriptions there to be;

 

(g) for audio and video recordings and computer software whose consumer has broken the seal;

1. products which, by their very nature, are irrevocably mixed with other products after delivery;
2. the delivery of digital content other than on a material medium, but only if:

- implementation has begun with express prior agreement of the consumer, And

- the consumer has declared that he will lose his right of withdrawal.

 

3. Exclusion from the right of withdrawal shall be possible only for services:

 

(a) to carry out accommodation, transport, restaurant business or leisure activities on a given date or during a specified period;

 

(b) the delivery of which began with the express consent of the consumer before the cooling-off period has expired;

 

c.

 

Article 10: The price

 

1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.

 

2. By way of derogation from the previous paragraph, MIOMILLY HOME may offer products or services whose prices are subject to fluctuations in the financial market and which MIOMILLY HOME does not have an influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.

 

3. Price increases within 3 months of the conclusion of the agreement shall be permitted only if they are the result of legislation or provisions.

 

4. Price increases from 3 months after the conclusion of the agreement shall be permitted only if MIOMILLY HOME has negotiated this and:

 

(a) these are the result of legislation or provisions; Or

 

(b) the consumer has the power to terminate the contract by the day on which the price increase takes effect.

 

5. The prices listed in the supply of products or services shall include VAT.

 

Article 11: Conformity and guarantee

 

1. MIOMILLY HOME shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

 

2. A scheme offered as a guarantee by MIOMILLY HOME, manufacturer or importer shall not affect the rights and claims which the consumer may assert in the case of a failure to fulfil MIOMILLY HOME obligations to MIOMILLY HOME under the law and/or the distance contract.

 

Article 12: Delivery and execution

 

1. MIOMILLY HOME will take the utmost care in receiving and implementing orders of products and in assessing requests for services.

 

2. The place of delivery shall be the address which the consumer has made known to the undertaking.

 

3. Subject to the provisions of Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but not later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost.

 

4. In the event of dissolution in accordance with the previous paragraph, MIOMILLY HOME shall repay the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.

 

5. If delivery of an ordered product proves impossible, MIOMILLY HOME will endeavour to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The cost of returns is at the expense of MIOMILLY HOME.

 

6. The risk of product damage and/or disappearance rests with MIOMILLY HOME until the time of delivery to the consumer, unless expressly otherwise agreed.

Article 13: Duration, termination and renewal

Termination:

1. The consumer may terminate at any time an indefinite contract which is intended for the regular delivery of products or services, subject to the rules of notice agreed and a notice period of not more than one month.
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3. 2. The consumer may terminate at any time by the end of the fixed period of time a fixed-term contract and which is intended for the regular delivery of products or services, subject to the rules of notice agreed to do so and a period of notice of not more than one month.
4. The consumer may:
5. terminate at all times and not be limited to denunciation at a given time or period;
6. at least denounce in the same way that they have been contracted by him;
7. always cancel with the same notice period as the entrepreneur has negotiated for himself.

 

Extension:

1. An agreement entered into for a fixed period and which is for the regular delivery of products or services may not be tacitly renewed or renewed for a certain period of time.
2. By way of derogation from the previous paragraph, a fixed-term contract which is intended to cover the regular delivery of daily news, weekly and magazine magazines may be tacitly extended for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a period of notice of not more than one month.
3. A fixed-term contract which is intended to be delivered regularly may be extended for an indefinite period only if the consumer is entitled to cancel at any time with a period of notice of not more than one month. The notice period shall not exceed three months in the event that the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and journals.
4. An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introduction period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
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Article 14: Payment

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2. 1. To the extent that no other provision is made in the contract or additional conditions, the amounts due by the consumer shall be paid within 14 days of the expiry of the cooling-off period or in the absence of a period of reflection within 14 days of the conclusion of the contract. In the case of a contract to provide a service, that period shall 31 days after the consumer has received confirmation of the contract.
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4. 2. In the case of the sale of products to consumers, a prepayment of more than 50% may never be negotiated under terms and conditions. Where advance payment has been negotiated, the consumer cannot assert any right to carry out the order or service(s) in question before the prepayment has been negotiated.
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6. 3. The consumer shall have a duty to report inaccuracies to MIOMILLY HOME without delay in payment details provided or indicated.
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8. 4. If the consumer fails to meet his obligation to pay in good time, after mr MIOMILLY HOME pointed out the late payment and MIOMILLY HOME granted the consumer a period of 14 days to meet his payment obligations, after failing to pay within that 14-day period, he is entitled to pay the statutory interest due on the amount still due and MIOMILLY HOME is entitled to charge the out-of-court collection costs incurred by him. .
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Article 15: Privacy

By entering into the agreement and these terms and conditions, you are committed to our privacy policy which can be found on our website.

 

Article 16: Complaints scheme

 

1. MIOMILLY HOME has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

 

2. Complaints concerning the performance of the contract shall be submitted to MIOMILLY HOME within a timely, complete and clearly defined, after the consumer has identified the defects.

 

3. Complaints submitted to MIOMILLY HOME shall be answered within 30 days of the date of receipt. If a complaint requires a foreseeable longer processing time, MIOMILLY HOME replies within the 30-day period with a message of receipt and an indication when the consumer can expect a more detailed response.

1. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the filing of the complaint, a dispute is resolved.

Article 17: Disputes

1. Agreements between MIOMILLY HOME and the consumer to which these terms and conditions relate shall be subject only to Dutch law.
2. Disputes between the consumer and MIOMILLY HOME concerning the conclusion or implementation of agreements relating to products and services to be supplied or supplied by MIOMILLY HOME may, subject to the provisions of this article, be referred by both the consumer and MIOMILLY HOME to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague(www.sgc.nl).
3. A dispute is only dealt with by the Disputes Committee if the consumer has first submitted his complaint to MIOMILLY HOME within a competent time.
4. No later than 12 months after the dispute has arisen, the dispute must be brought in writing to the Disputes Committee.
5. When the consumer wishes to present a dispute to the Disputes Committee, MIOMILLY HOME is bound by this choice. If MIOMILLY HOME wishes to do so, the consumer will have to decide in writing within five weeks of a request made in writing by MIOMILLY HOME whether he wishes to do so or to have the dispute dealt with by the competent court. If MIOMILLY HOME does not hear the consumer's choice within the five-week period, MIOMILLY HOME is entitled to present the dispute to the competent court.
6. The Disputes Committee shall rule under the conditions laid down in the regulations of the Disputes Committee(http://www.degeschillencommissie.nl/over-ons/de Committees/2701/webshop). The decisions of the Disputes Committee shall be taken by binding opinion.
7. The Disputes Committee will not deal with a dispute or discontinue proceedings if MIOMILLY HOME has been granted a suspension of payment, has fallen into bankruptcy or has effectively terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final ruling has been delivered.

 

Article 18: Additional or derogatory provisions

 

Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.