Terms - Mascotte

In these conditions is intended by

1. Reflection period: the term within which the consumer can exercise his revocation right;

2. Consumer: the natural person not acting from the exercise of a profession or business who enters into a distance agreement with the enterprise;

3. Day: calendar day;

4. Extended duration transaction: a distance agreement regarding a series of products and/or services the delivery and/or purchase obligation for which is distributed over time; 

5. Durable data carrier: each means allowing the consumer or enterprise to store information directed at them personally in a manner that enables future consultation and the unaltered reproduction of the information stored;

6. Revocation right: the option for the consumer to withdraw from the distance agreement within the reflection period;

7. Enterprise: the natural or legal person offering products and/or services to consumers at a distance;

8. Distance agreement: an agreement whereby within the context of a system for the sale at a distance of products and/or services, organised by the enterprise, up to and including the closing of the agreement exclusive use is made of one or more techniques for communication at a distance;

9. Technique for communication at a distance: means that can be used to conclude an agreement without the consumer and the enterprise having convened simultaneously in the same area.

Mignot & de Block
Jan Smitzlaan 11
Phone number: 040-2113627 availability: From Monday to Friday from 9.00 AM to 5.00 PM
E-mail address: 
CoC-number: 17003372
VAT-ID number: NL002065642B01

If the activity of the enterprise is subject to a relevant license regime: information on the oversight authority:

If the enterprise exercises a regulated profession:

• the professional association or organisation he is a member of;

• the professional title, the place in the EU or the European Economic Area where it was attributed;

• reference to the professional rules that are applicable in the Netherlands and indications for where and how these professional rules can be accessed.

• These general conditions are applicable to every offer of the enterprise and to each distance agreement that is adopted between enterprise and consumer.

• Before the distance agreement is concluded, the text of these general conditions is provided to the consumer. If this is not reasonably possible it will be indicated prior to conclusion of the distance agreement that the general conditions can be perused at the enterprise and that upon request of the consumer they will be forwarded as soon as possible and free of charges.

• If the distance agreement is concluded electronically, in derogation to the previous section and before the distance agreement is concluded, the text of these general conditions can be provided to the consumer through electronic channels in such a manner that they can be stored on a durable data carrier by the consumer in a simple manner. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the general conditions can be perused through electronic channels, and that upon request of the consumer they will be forwarded free of charges through electronic channels or in another manner.

• In the event that besides these general conditions specific product or service conditions are applicable as well, the second and third section are correspondingly applicable and the consumer in case of contradictory general conditions can always appeal to the applicable provision that is most favourable to him.

1. If an offer has a limited term of validity or occurs subject to conditions, this is expressly stated in the offer.

2. The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to enable the proper assessment of the offer by the consumer. If the enterprise makes use of pictures, they are a faithful rendition of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the enterprise.

3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer. This regards especially:

   • the price including taxes;

   • the possible costs of delivery;

   • the manner in which the agreement will be adopted and what actions are required for this;

   • whether or not the revocation right is applicable;

   • the manner of payment, delivery, and implementation of the agreement;

   • the term for acceptance of the offer, or the term within which the enterprise guarantees the price;

   • the amount of the rate for communication at a distance if the costs of the use of the technique for communication at a distance are calculated on a different basis than the regular basic rate for the means of communication used;

   • whether the agreement is archived after adoption, and if so, in what manner it can be perused by the consumer;

   • the manner in which the consumer, prior to conclusion of the agreement, can control the information provided by him in the context of the agreement and can restore it if he so desires;

   • such other languages, besides Dutch, in which the agreement can be concluded;

   • the code of conduct that the enterprise has subjected itself to and the manner in which the consumer can consult such code of conduct through electronic channels; and

   • the minimum duration of the distance agreement in case of an extended duration transaction.

1. The agreement, subject to what is established in section 4, is adopted at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby stipulated.

2. If the consumer has accepted the offer through electronic channels, the enterprise confirms forthwith through electronic channels the receipt of the acceptance of the offer. As long as the receipt of such acceptance has not been confirmed by the enterprise, the consumer may rescind the agreement.

3. If the agreement is adopted electronically, the enterprise takes appropriate technical and organisational measures to secure the electronic transmission of data and procures a safe web environment. If the consumer is able to pay electronically, the enterprise will observe appropriate security measures to such effect.

4. The enterprise can inform himself - within the legal framework - whether the consumer is able to comply with his payment obligation, as well as of all such factors and facts that may be relevant for the responsible adoption of the distance agreement. If the enterprise has legitimate grounds on the basis of such investigation not to enter into the agreement, he has the right to refuse and order or application in a motivated fashion, or to subject the implementation to special conditions.

5. The enterprise will send along with the product or service the following information, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
   a. the visiting address of the establishment of the enterprise that the consumer can go to with complaints;
   b. the conditions on and the manner in which the consumer can exercise the revocation right, or otherwise a clear statement regarding the revocation right being excluded;
   c. information regarding guarantees and service existing after purchase;
   d. the information included in article 4 section 3 of these conditions, unless the enterprise has already provided it to the consumer prior to the implementation of the agreement;
   e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or it is for an indefinite time.

6. In case of an extended duration transaction, the provision in the previous section is only applicable to the first delivery.

In case of the delivery of products:

1. In case of the purchase of products, the consumer has the option to rescind for 14 days without stating grounds. This reflection period enters into effect after receipt of the product by the consumer or such representative as is designated beforehand by the consumer and communicated to the enterprise.

2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to be able to assess whether he wants to keep the product. If he exercises his revocation right, he will return the product along with all delivered accessories and - if reasonably possible - in the original state and packaging, to the enterprise, in conformity with the reasonable and clear instructions provided by the enterprise.

In case of the provision of services:

1. In case of the provision of services, the consumer has the option to rescind without stating grounds during at least fourteen days, entering into effect on the day of adoption of the agreement.

2. To exercise his revocation right, the consumer will follow the reasonable and clear instructions provided by the enterprise upon the offer and/or no later than upon delivery in the matter.

• If the consumer exercises his revocation right, at most the costs of the return shipping are borne by him.

• If the consumer has paid an amount, the enterprise will refund this amount as soon as possible, though no later than within 14 days after the return shipment or revocation.

• The enterprise can exclude the revocation right for the consumer to the extent provided for in section 2 and 3. The exclusion of the revocation right only applies if the enterprise has stated such clearly in the offer, or at least timely before conclusion of the agreement.

• Exclusion of the revocation right is only possible for products:
  a. that were realised by the enterprise in accordance with specifications of the consumer;
  b. that are clearly personal in nature;
  c. that due to their nature cannot be sent back;
  d. that can spoil or age fast;
  e. the price of which is linked to fluctuations on the financial market that the enterprise has no influence on;
  f. for single newspapers and magazines;
  g. for audio and video recordings and computer software the seal of which was broken by the consumer.

• Exclusion of the revocation right is only possible for services:
  a. regarding lodging, transportation, restaurant business or recreation to be conducted on a certain date or during a certain period;
  b. the delivery of which was started with the express consent of the consumer before the reflection period had expired;
  c. regarding bets and lotteries.

• During the term of validity indicated in the offer, the prices of the products and/or services offered are not increased, barring price changes as a result of changes to VAT rates.

• In derogation to the previous section, the enterprise can offer products or services the prices of which are bound by fluctuations on the financial markets and that the enterprise has no influence on at variable prices. This bondage by fluctuations and the fact that such prices as may be listed are target prices is indicated in the offer.

• Price increases within 3 months after the adoption of the agreement are only permitted if they are the result of legal arrangements or provisions.

• Price increases from 3 months after the adoption of the agreement are only permitted if the enterprise has stipulated such and:
  a. they are the result of legal arrangements or provisions; or
  b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase becomes effective.

• The prices listed in the offer of products or services are inclusive of VAT.

• The enterprise guarantees that the products and/or services are compliant with the agreement, with the specifications indicated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of adoption of the agreement. If established, the enterprise also guarantees that the product is suitable for other than normal use.

• A warranty provided by the enterprise, manufacturer, or importer does not diminish the legal rights and claims that the consumer may bring to bear pursuant to the agreement vis-à-vis the enterprise.

• The enterprise will observe the greatest possible diligence upon receiving and implementing orders of products and upon assessing applications for the provision of services.

• The address communicated by the consumer to the company counts as the place of delivery.

• With due observance of what is established concerning in article 4 of these general conditions,

  the company will carry out accepted orders with due speed though no later than within 30 days, unless a longer delivery term has been agreed upon. If the delivery encounters delays, or if an order cannot or can only partially be carried out, the consumer receives notice thereof no later than 30 days after he has placed the order.
  The consumer has the right in such case to rescind the agreement without charges and may be entitled to damages.

• In case of rescission in conformity with the previous section, the enterprise will refund the amount

  that the consumer has paid as soon as possible, though no later than within 30 days after rescission.

• If delivery of an ordered product turns out to be impossible, the enterprise will exert itself

  to make available a substitute item. No later than upon delivery it will be stated in a clear and understandable manner that a substitute item is delivered. In case of substitute items, the revocation right cannot be excluded. The costs of a possible return shipment are borne by the enterprise.

• The risk of damaging and/or missing of products lies with the enterprise until the moment of delivery to the consumer or a representative designated beforehand and communicated to the enterprise, unless expressly established otherwise.

Cancellation

1. The consumer can cancel an agreement adopted for an unlimited time that regards the regular delivery of products (also including electricity) or services at all times, with due observance of cancellation rules established to such effect and a notice period of a maximum of one month.

2. The consumer can cancel an agreement adopted for a fixed term and that regards the regular delivery of products (also including electricity) or services at all times against the end of a fixed duration with due regard for cancellation rules established to such effect and a notice period of a maximum of one month.

3. With regard to the agreements referred to in the preceding sections, the consumer can:

   • cancel at all times and not be restricted to cancel at a certain time or in a certain period;

   • at least cancel in the same manner as he has adopted them;

   • always cancel with the same notice period as the enterprise has stipulated for itself.

Extension

1. An agreement adopted for a fixed term that regards the regular delivery of products (also including electricity) or services may not be tacitly extended or renewed by a fixed duration.

2. In derogation to the previous section, an agreement adopted for a fixed term that regards the regular delivery of daily, news, weekly papers and magazines may be extended by a fixed duration of a maximum of three months, if the consumer can cancel this extended agreement against the end of the extension with a notice period of a maximum of one month.

3. An agreement adopted for a fixed term that regards the regular delivery of products or services may only be tacitly extended by an indefinite term if the consumer may cancel at all times with a notice period of a maximum of one month in case the agreement regards the regular delivery, though less frequently than one a month, of daily, news, weekly papers and magazines.

4. An agreement with limited duration for the regular delivery by way of introduction of daily, news, and weekly papers and magazines (trial or introductory subscription) is not tacitly extended and ends automatically after the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may cancel at all times after a year of the agreement with a notice period of a maximum of one month, unless reason and fairness oppose the cancellation before the end of the established duration.

• To the extent not stablished otherwise, the amounts owed by the consumer must be settled within 14 days after entry into effect of the reflection period as intended in article 6 section 1. In case of an agreement for the provision of a service, this term commences after the consumer has received the confirmation of the agreement.

• In case of the sale of products to consumers, the advance payment of more than 50% may never be stipulated. In case advance payment has been stipulated, the consumer cannot exercise any right regarding the implementation of the relevant order or service(s) before the stipulated advance payment has taken place.

• The consumer has the obligation to forthwith communicate inaccuracies in payment information provided or listed to the enterprise.

• In case of non-payment of the consumer, the enterprise has the right, barring legal restrictions, to bill the reasonable charges communicated to the consumer beforehand. 

The enterprise has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints regarding the implementation of the agreement must be submitted within a reasonable term, in complete and clearly described form, to the enterprise after the consumer has identified the defects.

2. Complaints submitted to the enterprise are answered within a 14-day term counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the enterprise answers within the 14-day term with a message of receipt and an indication of when the consumer may expect a more elaborate answer.

3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is eligible for dispute resolution.

To agreements between the enterprise and the consumer that these general conditions are in regard to, Netherlands legislation is exclusively applicable.

Additional provisions or such as may deviate from these general conditions may not be to the disadvantage of the consumer and must be established in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.