Terms and Conditions

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 the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution

Article 1 - Definitions

In these general terms and conditions, the following terms shall have the following meanings:

Withdrawal 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 enters into a distance contract with the entrepreneur; Day: Calendar day; Long-term 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; Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows 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; Model Form: The model form for withdrawal that the entrepreneur makes available to a consumer to fill in when he wants to use his right of withdrawal. Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance; Distance Contract: A contract whereby one or more means of distance communication are used exclusively within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment at which the contract is concluded; Means of Distance Communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same room at the same time. General Terms and Conditions: These General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the Entrepreneur

Mimos Pillows, part of MECBO International, has no visiting address and can be reached via info@mimospillows.com Chamber of Commerce number: 82152764 VAT-ID: NL862356349B01

Head Office MECBO International Nijverheidsweg 12 7005 BJ Doetinchem The Netherlands

If the activity of the trader is subject to a relevant licensing system: the details of the supervisory authority:

If the entrepreneur practices a regulated profession: the professional association or organization with which he is affiliated; the professional title, the place in the EU or the European Economic Area where it is awarded; a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. 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's premises and they will be sent to the consumer free of charge as soon as possible upon request. 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. In addition to these general terms and conditions, specific product or service conditions may also apply. In that case, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the scope of the original provision as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains 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 the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. 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. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes: the price including taxes; any shipping costs; the manner 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 execution of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used; whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; the manner in which the consumer, before concluding the agreement, can check and, if desired, rectify the information provided by him in the context of the agreement; any other languages in which the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a long-term transaction. Optional: available sizes, colors, type of materials.

Article 5 - The Agreement

The agreement, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within legal frameworks, inform 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 the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: the visiting address of the entrepreneur's business where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information on guarantees and existing after-sales services; the data included in article 4, paragraph 3 of these conditions, 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 indefinite. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. Please note that orders from outside the European Union are excluded. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wants to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not expressed his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Upon delivery of services:

When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest at the delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the goods will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: which have been created by the entrepreneur following the consumer's specifications; that are clearly personal; that cannot be returned due to their nature; that can spoil or age quickly; the price of which is subject to fluctuations in 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. Exclusion of the right of withdrawal is only possible for services: regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; the delivery of which commenced with the express consent of the consumer before the cooling-off period has expired; regarding bets and lotteries.

Article 9 - The Price

During the validity period stated 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. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they result from statutory regulations or provisions; or the consumer has the authority to terminate the agreement on the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in the original packaging and in new condition. The entrepreneur's warranty period 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. The warranty does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or on the packaging; the inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with competent urgency but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. No rights can be derived by the consumer from any dates mentioned. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. It will be clearly and understandably stated no later than at delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
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 the entrepreneur, unless expressly agreed otherwise.

Article 12 - Ongoing Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same way as they were entered into by him;
- always terminate the agreement with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a period of up to three months, if the consumer has the right to terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may 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 case the agreement extends to the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.
A limited-duration agreement for the regular introduction of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer are to be paid within 7 working days after the cooling-off period referred to in article 6, paragraph 1, begins. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within two months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer should first turn to the entrepreneur. If the complaint cannot be resolved with the entrepreneur, the consumer has the option to submit the complaint via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Different Provisions

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

Article 17 - Lifetime Warranty

This condition contains some basic rules for us as a store and you as a consumer regarding the lifetime warranty on our products.

Basic Rules

All products at Mimos Pillows are covered by a standard 14-day warranty as legally required. This warranty can be extended by registering the product within 30 days to claim the lifetime warranty.
We define a lifetime warranty as the usage period by the original purchaser who bought and registered the product for personal use. Therefore, this warranty is only valid for the original purchaser or owner who bought and registered the product as required. Furthermore, this warranty is non-transferable.
For consumables, as found in the Mimos Pillows webshop, natural wear and tear cannot be used for the lifetime warranty.
At the moment the lifetime warranty is claimed, it is up to the seller to determine what falls under this natural wear and tear.