Bedingungen und Konditionen

Terms and Conditions

Applicable to mestic.nl & the Mestic app.

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Long-Term transactions: duration, termination, and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can use their right of withdrawal.
2. Consumer: a person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. 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;
5. Durable data carrier: any means that enables the consumer or business owner to store information personally addressed to them in a manner that allows future access and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.
7. Model withdrawal form: the withdrawal form provided by the entrepreneur that a consumer can fill in if they wish to use their right of withdrawal.
8. Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication.
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
11. Terms and Conditions: the general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Mestic, a part of GIMEG NEDERLAND B.V.,

Atoomweg 99, Utrecht;

Telephone number: 030 662 9500

Email address: info@mestic.nl

Chamber of Commerce number: 30048988

VAT identification number: NL001720211B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the general terms and conditions can be viewed at the entrepreneur's premises, and they will be sent to the consumer as soon as possible upon request, free of charge.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically consulted, and that they will be sent electronically or otherwise free of charge upon request.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are void or are nullified at any time, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced in mutual consultation as soon as possible.
6. Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Every offer shall contain such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer. This includes in particular:
   • the price, including taxes;
   • any shipping costs;
   • how the agreement will be concluded and what actions are required for that;
   • whether or not the right of withdrawal applies;
   • the payment, delivery, and execution methods of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
   • whether the agreement is archived after its conclusion, and if so, in what manner it can be accessed by the consumer;
   • how the consumer, prior to the conclusion of the agreement, can check the information provided by them in the context of the agreement and, if desired, correct it;
   • any other languages in which the agreement can be concluded, in addition to Dutch;
   • the codes of conduct to which the entrepreneur has subjected themselves and the way the consumer can consult these codes of conduct through electronic means; and
   • the minimum duration of the distance agreement in the case of a long transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
4. The entrepreneur may, within the law, gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur shall provide the consumer with the following information in writing or in a manner that can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:
   • the visiting address of the entrepreneur's establishment where the consumer can address complaints;
   • the conditions and procedure for the consumer to exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about warranties and existing post-purchase services;
   • the data mentioned in article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the contract without specifying any reasons within 30 days. This cooling-off period starts on the day after receiving the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to judge whether the consumer wishes to keep the product. If they make use of their right of withdrawal, they will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur within 30 days after receiving the product. The consumer should make this notification using the model form or through another means of communication such as email. After the consumer has indicated their desire to exercise their right of withdrawal, they must return the product within 14 days. The consumer is required to provide evidence that the goods have been returned in a timely manner, for example, by means of a proof of shipment.
4. If the customer has not indicated their desire to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is considered final.

When delivering services:

5. When delivering services, the consumer has the option to dissolve the contract without specifying any reasons within 30 days, starting from the day of concluding the contract.
6. To make use of their right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur within the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the return costs are €0.00.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or withdrawal. However, the condition for this is that the product has already been received by the online retailer or conclusive evidence of complete return shipment can be provided. The refund will be made through the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. In case of damage to the product due to the consumer's careless handling, the consumer is liable for any depreciation of the product's value.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, and this information must be provided before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for as far as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• That have been created by the entrepreneur in accordance with the consumer's specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That can deteriorate or expire rapidly;
• Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
• For single newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal;
• For hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• Concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a certain date or during a certain period;
• Whose delivery has been started with the express consent of the consumer before the cooling-off period has expired;
• Concerning bets and lotteries.

Article 9 - The price

1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market that are beyond the entrepreneur's control. The offer will mention the possibility of price fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:

• They are the result of legal regulations or provisions; or
• The consumer has the authority to cancel the agreement as of the day the price increase takes effect.

5. The prices mentioned in the product or service offerings are including VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the legal rights and claims the consumer can exercise against the entrepreneur about a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or the distance contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The return of products must be carried out in the original packaging and in a new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the packaging.
• The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The entrepreneur will take the greatest possible care when receiving and implementing product orders and when assessing applications for the provision of services.
2. The place of delivery is at the address given by the consumer to the company.
3. With due observance of what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period was agreed upon. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this no later than 14 days after they placed the order. In such cases, the consumer is entitled to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned time frames. Exceeding a time frame does not entitle the consumer to compensation.
5. After dissolution in accordance with the preceding paragraph, the entrepreneur will return the sum paid by the consumer promptly, but no later than 14 days after dissolution.
6. If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. It will be clearly and comprehensibly stated at the time of delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment will be covered by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-Term transactions: duration, termination, and renewal

Dissolution

1. The consumer can at all times terminate an agreement that has been concluded for an indefinite time and that extends to the regular delivery of products (including electricity) or services, respecting the termination rules agreed upon and a notice of up to one month.
2. The consumer can at all times terminate a contract that has been concluded for a definite time and that extends to the regular delivery of products (including electricity) or services, at the end of the definite period, respecting the termination rules agreed upon and a notice of up to one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:

• At any time and not be limited to termination at a specific time or in a specific period;
• At least cancel in the same manner as they are concluded by them;
• Always cancel with the same notice as the entrepreneur has negotiated for themselves.

Extension

4. An agreement that has been concluded for a definite period and that is aimed at the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a specific duration.
5. In deviation from the previous clause, an agreement that has been concluded for a definite period and that is aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
6. An agreement that has been concluded for a definite period and that is aimed at the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case where the agreement pertains to the regular, but less frequent than monthly, delivery of daily, news, and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to promptly report inaccuracies in the provided or mentioned payment details to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were previously communicated to the consumer.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be responded to 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, a dispute that is eligible for dispute resolution arises.
5. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints through the European ODR platform.
6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products at no cost.

Article 15 - Disputes

1. Dutch law is exclusively applicable to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a manner that can be stored by the consumer on a durable medium in an accessible way.