General terms and conditions

Article 1 – Definitions

In these conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
• Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
• Day: Calendar day;
• Long-term transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
• Durable data carrier: Any means that allows the consumer or entrepreneur to store information personally addressed to them, in a way that enables future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
• Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby up to and including the conclusion of the contract, only one or more means of remote communication are used;
• Remote communication technology: A means that can be used for concluding a contract, without the consumer and the entrepreneur being in the same place at the same time;
• General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company name: MTZwebshop
• Chamber of Commerce number:  94991006
• Trade name: Mia's Manchester
• VAT number: NL004481024B62
• Customer service email: support@Mia-Manchester.com
• Company address: Netherlands, Boxtel, St.jozefstraat 66, 5282VC

Article 3 – Applicability

These general terms and conditions apply to every offer made by 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically before the contract is concluded, 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 accessed electronically and that they will be sent free of charge to the consumer upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may rely on the provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are void or annulled at any time, the contract and these terms and conditions will remain in effect, and the void or annulled provision will be replaced in mutual consultation by a provision that closely approximates the original intent.

Situations not covered by these general terms and conditions should be assessed in the spirit of these terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of these general terms and conditions should be explained in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.

Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what their rights and obligations are upon accepting the offer. This includes, in particular:

• The price, excluding customs and import VAT. These additional costs will be the responsibility of the customer. The postal or courier service will apply the special arrangement for postal and courier services regarding the import of goods into the EU destination country, which is applicable in this case. The postal or courier service collects the VAT (possibly together with the customs clearance costs) from the recipient of the goods;
• Any shipping costs;
• The manner in which the contract will be concluded and the actions required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and performance of the contract;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The amount of the tariff for remote communication if the costs for using remote communication technology are calculated on a basis other than the regular base rate for the communication medium used;
• Whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
• The way in which the consumer can check and, if necessary, correct the information they provided before concluding the contract;
• The other languages, besides Dutch, in which the contract can be concluded;
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
• The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may, within the legal framework, gather information about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, he is entitled to refuse an order or application or to attach special conditions to the execution.

The entrepreneur will include the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service to the consumer:

• The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on existing after-sales services and guarantees;
• 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 contract;
• The requirements for terminating the contract if the contract 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 applies only to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after the product is received by the consumer or by a representative previously designated by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product to the entrepreneur, with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by sending a written message/email. After the consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

If the consumer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraph 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs are the responsibility of the consumer.

If the consumer has paid a sum, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been returned or conclusive proof of complete return can be presented.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

• That have been created according to the consumer's specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That spoil or age quickly;
• Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
• For individual 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.

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

• Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
• Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
• Regarding betting 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.

In deviation from the previous paragraph, the entrepreneur may 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. These 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 contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions; or
• The consumer has the authority to terminate the contract on the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, 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 contract. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their 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 themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with expedient speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, 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 is impossible, the entrepreneur will strive to provide a replacement product. The consumer will be informed in a clear and understandable manner at the latest upon delivery that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The cost of any return shipment is 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 representative previously designated and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Cancellation, and Renewal

Cancellation

The consumer may cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer may:

• Cancel the contracts referred to in the previous paragraphs at any time and is not limited to cancellation at a specific time or during a specific period;
• Cancel at least in the same way as they entered into the contract;
• Always cancel with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months if the consumer can cancel this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel 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 event that the contract extends to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

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

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

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 a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known to them in advance.

Article 14 – Complaint Procedure

Complaints about the execution of the contract must be fully and clearly described and submitted to the entrepreneur within 7 days 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 answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.