Terms and Conditions
Table of contents:
Article 1 – Definitions
Article 2 – data
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
For the purposes of these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Extended duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Distance contract: an agreement whereby, within the framework of a system organized by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
10. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur coming together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Data
Name entrepreneur: Mika Heijnen
E-mail address: contactme@mikaheijnen.com
Article 3 – Applicability
1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these 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 inspected at the Entrepreneur’s premises and that they will be sent to the Consumer free of charge as soon as possible at the Consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will 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 electronically or otherwise free of charge at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
5. If one or more provisions of these terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms and conditions otherwise remain in force and the provision in question in mutual consultation will immediately be replaced by a provision that approximates the purport of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these 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 is without obligation. The entrepreneur is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the Entrepreneur makes use of images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colors shown correspond exactly with the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
-the price including taxes;
-the costs of shipping, if any;
-the way in which the agreement will be concluded and what actions are necessary for this;
-whether or not the right of withdrawal;
-the method of payment, delivery and performance of the contract;
-the period for acceptance of the offer, or the period within which the trader guarantees the price;
-the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
-whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
-the way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, repair it;
-any other languages in which, in addition to English, the agreement can be concluded;
-the codes of conduct to which the trader 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 case of a long-term transaction.
-Optional: available sizes, colours, type of materials.
Article 5 – The Agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself 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 grounds 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. The Entrepreneur will include 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 medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
b. the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the agreement;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
On delivery of products applies (only applicable on physical products):
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer 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 dispatch.
4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase is a fact.
In the case of the provision of services:
1. Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the contract.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and / or at the latest at the time of delivery.
Article 7 – Costs in case of revocation
1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
3. If the product is damaged by careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 8 – Exclusion of right of withdrawal
1. The trader may 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 trader has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been brought about by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
b. of which the delivery has started with the Consumer’s explicit consent before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be 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 contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions 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 entrepreneur, 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.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. 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.
5. The warranty does not apply if:
6. The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
7. The products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
8. 8. The defects are wholly or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
4. All delivery periods are indicative. The consumer may not derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
5. In case 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 at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and renewal
Termination
1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
2. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the indefinite period, subject to the agreed termination rules and a notice of up to one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
-cancel at any time and not be limited to termination at a specific time or in a specific period;
-at least terminate them in the same way as they were entered into by the consumer;
-always terminate with the same notice as the trader has stipulated for himself.
Extension
4. A contract entered into for a definite period of time for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice of up to one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate the contract with a notice of up to one month and a notice of up to three months if the contract is for the regular, but less than once a month, supply of daily newspapers, news and weekly newspapers and magazines.
7. A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days after the consumer has found the defects.
3. 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 trader will respond within the period of 14 days with a notice 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 will arise that is subject to dispute resolution.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Agreements 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.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on durable data.
Privacy Policy
We care a lot about your privacy. We therefore only process data that we need for (the improvement of) our services and handle the information we have collected about you and your use of our services with care. We never make your information available to third parties for commercial purposes. This privacy policy applies to the use of Mika’s website and the services it provides. The effective date for the validity of these terms and conditions is 01/01/2022, with the publication of a new version the validity of all previous versions will expire. This privacy policy describes what information about you is collected by us, what this information is used for and with whom and under what conditions, if any, this information can be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide to us.
If you have any questions about our privacy policy you can contact our contact person for privacy matters, you will find the contact details at the end of our privacy policy.
About the data processing
Below you can read how we process your data, where we store them (or have them stored), what security techniques we use and for whom the data is transparent.
Web shop software Woocommerce
Our webshop is supported by Woocommerce. Personal information that you make available to us for the purpose of providing our services will be shared with this party. Woocommerce has access to your information to provide us with (technical) support, they will never use your information for any other purpose. Woocommerce is obliged to take appropriate security measures on the basis of the agreement we have concluded with them. These security measures consist of the application of SSL encryption and a strong password policy. Woocommerce is a certified processor of credit card information. Woocommerce reserves the right to share collected data within its own group of companies in order to further improve its services. Woocommerce takes into account the applicable legal retention periods for (personal) data. The EU/US Privacy Shield applies, your data may be processed in the United States.
E-mail and mailing lists
We send our newsletters and transactional e-mails using our web shop software. All confirmation emails you receive from our website and web forms are sent through these servers. Never using your name and email address for own purposes. At the bottom of every email that is sent automatically through our website you will see the ‘unsubscribe’ link. If you click on this link, you will no longer receive e-mail from our website. Shopify securely sends, stores and unlocks your personal data.
Gmail
We use the services of Gmail for our regular business e-mail traffic. This party has taken appropriate technical and organizational measures to prevent misuse, loss and corruption of your and our data as much as possible. Gmail does not have access to our inbox and we treat all our e-mail traffic confidentially.
Payment processors iDEAL
We use the platform of iDEAL to process payments in our webshop. iDEAL processes your name, address and place of residence data and your payment data such as your bank account number. iDEAL has taken appropriate technical and organizational measures to protect your personal data. iDEAL reserves the right to use your data to further improve the service and to share (anonymised) data with third parties as part of this. iDEAL shares personal data and information relating to your financial position with credit rating agencies in the event of an application for a deferred payment (credit facility). All of the above safeguards relating to the protection of your personal data also apply to the components of iDEAL’s services for which they engage third parties. iDEAL does not retain your data longer than permitted by law.
General purpose of processing
We use your data exclusively for the purpose of providing our services. This means that the purpose of processing is always directly related to the order you provide. We do not use your data for (targeted) marketing. If you share data with us and we use this data to contact you – other than at your request – at a later time, we ask your explicit permission to do so. Your data will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties are all bound to secrecy on the basis of the agreement between them and us or an oath or legal obligation.
Automatically collected data
Data that are automatically collected by our website are processed for the purpose of further improving our services. These data (e.g. your IP address, web browser and operating system) are not personal data.
Cooperation with tax and criminal investigations
Where applicable, we may be required by law to share your data in connection with governmental tax or criminal investigations. In such a case we will be forced to share your data, but we will oppose this within the possibilities offered to us by law.
Storage periods
We keep your data as long as you are our client. This means that we will keep your client profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also take this as a forgetting request. Pursuant to applicable administrative obligations, we are required to keep invoices with your (personal) data, so we will keep this data for as long as the applicable period runs. Employees, however, no longer have access to your client profile and documents that we have produced as a result of your assignment.
Your rights
Pursuant to current Dutch and European legislation, you, as a data subject, have certain rights with respect to the personal data processed by us or on our behalf. We explain below which rights these are and how you can invoke these rights. In principle, in order to prevent misuse, we will only send copies and copies of your data to your e-mail address already known to us. In the event that you wish to receive the data at a different e-mail address or, for example, by post, we will ask you to identify yourself. We keep a record of processed requests; in the event of a forgetting request, we administer anonymised data. You will receive all statements and copies of data in the machine-readable data format that we use within our systems. You have the right at any time to lodge a complaint with the Personal Data Authority if you suspect that we are using your personal data incorrectly.
Right of inspection
You always have the right to view the data that we process (or have processed) and that relate to your person or that can be traced back to you. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data with an overview of the processors who have this data in their possession, stating the category under which we have stored this data, at the e-mail address known to us. Right of rectification
You always have the right to have the data that we process (or have processed) and that relate to your person or that can be traced back to you, modified at any time. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the data has been modified at the e-mail address we have on file.
Right to restrict processing
You always have the right to limit the data that we process (or have processed) relating to your person or that can be traced back to you. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation at the e-mail address known to us that the data will no longer be processed until you lift the restriction.
Right to transfer
You always have the right to have the data that we process (or have processed) and that relate to your person or that can be traced back to you, executed by another party. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all data about you that we have processed or that have been processed on our behalf by other processors or third parties at the e-mail address known to us. In all probability, we will no longer be able to continue to provide the service in such a case because the secure linking of data files can then no longer be guaranteed.
Right of objection and other rights
If applicable, you have the right to object to the processing of your personal data by or on behalf of Mika Heijnen. If you object, we will immediately discontinue the data processing pending the settlement of your objection. If your objection is well-founded, we will make copies and/or copies of the data that we process (or have processed) available to you and discontinue the processing on a permanent basis thereafter. You also have the right not to be subjected to automated individual decision-making or profiling. We will not process your data in such a way that this right applies. If you are of the opinion that this is the case, please contact our contact person for privacy matters.
Cookies Google Analytics
Through our website, cookies are placed by the U.S. company Google, as part of the “Analytics” service. We use this service to track and get reports on how visitors use the website.
This processor may be required by applicable laws and regulations to provide access to this data. We collect information about your surfing behaviour and share this data with Google. Google may interpret this information in conjunction with other datasets in order to track your movements on the Internet. Google uses this information to offer targeted advertisements (Adwords) and other Google services and products.
Cookie policy
We collect data for research purposes in order to gain a better understanding of our customers so that we can tailor our services accordingly. This website uses “cookies” (small text files placed on your computer) to help the website analyse how users use the site. The information generated by the cookie about your use of the website can be transferred to WervelHulp’s own secure servers or those of a third party. We use this information to track how you use the website, to compile reports on website activity and to provide other services related to website activity and internet usage.
Changes in privacy policy
We reserve the right to change our privacy policy at any time. However, on this page you will always find the most recent version. If the new privacy policy affects the way in which we process data already collected about you, we will notify you by e-mail.
Contact details
Name entrepreneur: Mika Heijnen
E-mail address: contactme@mikaheijnen.com