Terms and Conditions
Smarthop “Magic Mind”
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 execution
ARTICLE 12 - Payment
ARTICLE 13 - Complaints procedure
ARTICLE 14 - Disputes
ARTICLE 15 - Additional or different provisions
ARTICLE 16 - Amendments to the general terms and conditions
ARTICLE 1 - DEFINITIONS
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products, the delivery and / or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products to consumers from a distance, also known as smart shop “Magic Mind”.
Distance contract: an agreement under which in the context of a
system organized by the entrepreneur for distance selling of products, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Front street 32
3512 AP Utrecht
Chamber of Commerce number: 30180538
VAT identification number: NL001962552B29
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer of the Magic Mind and to every distance contract 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation 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 they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. .
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the Magic Mind uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions
- are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the agreement;
- the term for accepting the offer, or the term within which the
- the entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of the
use of the technique for distance communication are calculated on one
other basis than the regular basic rate for the means of communication used;
- whether the agreement will be archived after it has been concluded, and if so, to which one
- way it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an extended 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, Magic Mind will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Magic Mind, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The Magic Mind can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. With the product, Magic Mind will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Meer over deze brontekstBrontekst vereist voor aanvullende vertaalinformatie
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to Magic Mind.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the Magic Mind, in accordance with the reasonable and clear instructions provided by the entrepreneur.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the return.
2. If the consumer has paid an amount, Magic Mind will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
ARTIKEL 8 - UITSLUITING HERROEPINGSRECHT
1. De Magic Mind kan het herroepingsrecht van de consument uitsluiten voor zover voorzien in lid 2 en 3. De uitsluiting van het herroepingsrecht geldt slechts indien de ondernemer dit duidelijk in het aanbod, althans tijdig voor het sluiten van de overeenkomst, heeft vermeld.
2. Uitsluiting van het herroepingsrecht is slechts mogelijk voor producten:
a. die door de Magic Mind tot stand zijn gebracht overeenkomstig specificaties van de
b. die duidelijk persoonlijk van aard zijn;
c. die door hun aard niet kunnen worden teruggezonden;
d. die snel kunnen bederven of verouderen;
e. waarvan de prijs gebonden is aan schommelingen op de financiële markt waarop de ondernemer geen invloed heeft;
f. voor losse kranten en tijdschriften;
g. voor audio- en video-opnamen en computersoftware waarvan de consument de verzegeling heeft verbroken.
ARTICLE 9 - THE PRICE
1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, Magic Mind can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a.these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. Magic Mind guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the Magic Mind, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
ARTICLE 11 - DELIVERY AND PERFORMANCE
1. The Magic Mind will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, Magic Mind will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, Magic Mind will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to Magic Mind, unless expressly agreed otherwise.
ARTICLE 12 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order in question before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to Magic Mind without delay.
4. In case of non-payment of the consumer, Magic Mind has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 13 - COMPLAINTS PROCEDURE
1. The Magic Mind has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to Magic Mind will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 14 - DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and Magic Mind about the conclusion or implementation of agreements with regard to products to be delivered or delivered by this entrepreneur, may, with due observance of the provisions below,
both by the consumer and the entrepreneur are submitted to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the Magic Mind is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request made by the entrepreneur whether he wishes this or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will rule under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or discontinue the proceedings if the Magic Mind has been granted a moratorium, has gone into bankruptcy or has effectively ceased its business activities before a dispute has been handled by the committee at the hearing and a final verdict has been given.
8. If, in addition to the Webshop Disputes Committee, another disputes committee that is recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Disputes Committee will be responsible for disputes mainly concerning the exclusion competent. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 15 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
ARTICLE 16 - AMENDMENT OF THE GENERAL CONDITIONS
1. Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Last update 12-12-2013