Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Trader: the natural or legal person who offers products and/or services to consumers from a distance.
2. Consumer: the natural person whose action is not within the course of a profession or business and
who enters into an distance contract with the trader;
3. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
4. Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Day: calendar day;
8. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
9. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the trader
Misc Group VOF
Den Brielstraat 14-3
1055 RV Amsterdam
+31 (0)20 261 3866 (Monday – Friday from 09.30 till 17.30 – UCT+1 )
Chamber of Commerce number: 68768214
VAT identification number: NL8575.83.281.B01
For shop inquiries, please contact:
De Clercqstraat 130
1052 NP Amsterdam
+31 (0)20 200 7855 (Tuesday – Friday from 11.00 till 18.30 – UCT+1 )
Article 3 – Applicability
These general terms and conditions apply to every offer made by an trader and to every distance contract that is realised between an trader and a consumer.
Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 - The offer
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products and/or services being offered.
The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:- the price, including taxes;
– any costs of delivery;
– the way in which the contract shall be concluded and which actions this will require;
– whether or not the right of withdrawal applies;
– the method of payment, delivery or implementation of the contract;
– the period for accepting the offer, or the period for adhering to the price;
– the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff;
– if a contract is filed subsequent to its conclusion, the way in which this can be accessed by the consumer;
– the way in which the consumer can obtain information about actions he does not wish to undertake before concluding a contract, as well as the way he can rectify these before the contract is concluded;
– the languages in which, in addition to Dutch, the contract can be concluded;
– the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
– the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.