UA-196573133-1 UA-196573133-1
 

GENERAL TERMS AND CONDITIONS

 

Definitions

 

  1. Mira Honey : Mira Honey BV, established in Emmeloord, Netherlands, Chamber of Commerce no. 83127143.

  2. Customer : The party which Mira Honey has entered into an agreement with.

  3. Parties : Mira Honey and customer together.

  4. Consumer : A customer who is an individual acting for private purposes.

 

Applicability

 

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Mira Honey.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Offer and Quotations

 

  1. Offers and quotations from Mira Honey are without engagement, unless expressly stated otherwise.

  2. An offer or quotations is valid for a maximum period of 1 week from its date, unless another acceptance period is stated in the offer or quotation.

  3. If the customer does not accept and offer or quotation with the applicable time frame, the offer or quotation will lapse.

  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

 

Acceptance

 

  1. Upon acceptance of a quotation or offer without engagement, Mira Honey reserves the right to withdraw the quotation or offer within 3 dats after receipt of the acceptance, without any obligations towards the customer.

  2. Verbal acceptance of the customer only commits Mira Honey after the customer has confirmed this in writing (or electronically)

 

Prices

 

  1. All prices used my Mira Honey are in Euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-shipping or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Mira Honey is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. Increases in the cost prices of products or parts thereof, which Mira Honey could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Samples / Labels

 

  1. If the customer has received a product or label sample of a product, she/he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conforms to the sample.

  2. The customer cannot share the product or label sample she/he received with third parties or on any social media platform or on the internet without Mira Honey's written consent. In case of unauthorised sharing, customer accepts to pay Mira Honey royalties in proportion to both the per share and the number of clicks it receives due to those shares.

Payments and Payment Term

 

  1. Unless otherwise agreed in writing, all payments must be made prior to product delivery.

  2. In case of a term sales agreement, Mira Honey may request that the invoice amount be paid to the factoring company of its choice.

 

Consequences of Late Payment

 

  1. If the customer does mot pay within the agreed term, Mira Honey is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, she/he is also due to extrajudicial collection costs and may obliged to pay any compensation to Mira Honey.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, Mira Honey may suspend its obligations until the customer has met her/his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on behalf of the customer, the claims of Mira Honey on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by Mira Honey she/he is still obliged to pay the agreed price to Mira Honey.

Right of Recovery of Goods

 

  1. As soon as the customer is in default, Mira Honey is entitled to invoke the right of recovery with regards to the unpaid products delivered to the customer.

  2. Mira Honey invokes the right of recovery by means of a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Mira Honey, unless the parties agree to make other arrangements about this.

  4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of Withdrawal / Refund

 

  1. A customer or consumer may cancel or refund an online purchase during a cooling-off period of 14 days without giving any reason, provided that :

 

  • the products has not been opened

  • the product has not been consumed

  • the product has not been crystallised (Crystallisation of honey is a natural process. It cannot be considered as deterioration or bad quality and cannot be a reason for refund or withdrawal).

  • the product is not specially produced for the consumer/customer or adapted to its special needs

  • the shipping/transportation fee is not paid by Mira Honey

  • the product or products were not purchased during the discount period

 

2.   The cooling-off period of 14 days as referred to in paragraph 1 commences :

 

  • on the day after the consumer has received the last product or part of 1 order

  • as soon as the consumer/customer has received the first the profit of a subscription

  • as soon as the consumer/customer has purchased a service for the first time

  • as soon as the consumer has confirmed the purchase of digital content via internet

 

3.   The consumer can notify his right of withdrawal via info@mirahoney.com

 

4.   The consumer is obliged to return the product to Mira Honey within 14 days after the notification of her/his right of withdrawal, after which period his right of withdrawal will lapse.

 

 

Reimbursement of Delivery Costs

 

  1. If the purchase cost and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Mira Honey will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the products to Mira Honey in time.

  2. The costs for return are only reimbursed by Mira Honey if the complete order is returned.

 

Reimbursement of Return Costs

 

If the consumer invokes her/his right of withdrawal and returns the entire order on time, the cost for returning the complete order will be borne by the consumer.

 

Suspension of Obligations by The Customer

 

The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

 

Right of Retention

 

  1. Mira Honey can appeal to her/his right retention of the title and in that case retain the products sold by Mira Honey to the customer until the customer has paid all outstanding invoices with regard to Mira Honey, unless the customer has provided sufficient security for these payments.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Mira Honey.

  3. Mira Honey is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement

 

The customer waives his right to settle any dept to Mira Honey with any claim on Mira Honey.

 

Retention of title

 

  1. Mira Honey remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Mira Honey under whatever agreement with Mira Honey including of claims regarding the shortcomings in the performance.

  2. Until then, Mira Honey can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If Mira Honey invokes its retention of title, the agreement will be dissolved and Mira Honey has the right to claim compensation, lost profits and interest.

 

Delivery

 

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Mira Honey unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, Mira Honey has the right to suspend its obligations until the agreed price is fully paid.

  5. In the event of late payments, the customer is automatically in default, and hereby she/he cannot object to late delivery by Mira Honey.

 

Delivery Period

 

  1. Any delivery period specified by Mira Honey is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery period starts after the customer has signed the agreement to Mira Honey and is confirmed in writing or electronically by Mira Honey to the customer.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Mira Honey cannot deliver 3 months or if the parties have agreed upon otherwise.

 

Actual Delivery

 

The customer must ensure that the actual delivery of the products ordered bu her/him can take place in time.

 

Transport Costs

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and Shipping

 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Mira Honey may not be held liable for any damage.

  2. If the customer herself/himself takes care of the transport of a product, she/he must report any visible damage to products or the packaging prior to the transport to Mira Honey, failing which Mira Honey cannot be held liable for any damage.

Insurance / Storage

 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

  3. In order to prevent the crystallisation in honey, the products should be stored between 22°C - 24°C.

 

Guarantee

 

  1. The warranty relating to products only applies to defects caused by faulty manufacture or material.

  2. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Exchange

 

  1. Exchange is only possible if the following conditions are met :

 

  • Exchange takes place within 14 days after purchase upon presentation of the original invoice

  • The product is returned in the original packaging or with the original (price) tags still attached to it

  • The product has not been consumed, used.

 

2.   Discounted items, custom made items or specially adapted articles for the customer and opened products can not be exchanged.

 

Indemnity

 

The customer indemnifies Mira Honey against all third-party claims that are related to the products and/or services suppled by Mira Honey.

Complaints

 

  1. The customer must examine a product or service provided by Mira Honey as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Mira Honey of this as soon as possible, but in any case within 3 days after the discovery of the shortcomings.

  3. Consumers must inform Mira Honey of this within 3 days after detection of the shortcomings.

  4. Sundays and public holidays of the relevant country are not counted from this 3 days period.

  5. The customer gives a detailed description as possible of the shortcomings, so that Mira Honey as able to respond adequately.

  6. The customer must demonstrate that the complaint relates to an agreement between the parties.

  7. If a complaint relates to ongoing work, this can in any case not lead to Mira Honey being forced to perform other work than has been agreed.

 

Giving Notice

 

  1. The customer must provide any notice of default to Mira Honey in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches Mira Honey (In time)

 

Joint and Several Client Liabilities

 

If Mira Honey enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Mira Honey under that agreement.

 

Liability of Mira Honey

 

  1. Mira Honey is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If Mira Honey is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. Mira Honey is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If Mira Honey is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Export Period

 

Every right of the customer to compensation from Mira Honey shall, in any case expire within 1 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

 

  1. The customer has the right to dissolve the agreements if Mira Honey imputably fails in the fulfilment of her/his obligations, unless this shortcoming does not justify terminations due to its special nature or because it is of minor significance.

  2. If the fulfillments of the obligations by Mira Honey is not permanent or temporarily impossible, dissolution can only take place after Mira Honey is in default.

  3. Mira Honey has the right to dissolve the agreement with customer, if the customer does not fully or timely fulfil her/his obligations under the agreement, or if circumstances give Mira Honey good grounds to fear that the customer will not able to fulfil her/his obligations properly.

Force Majeure

 

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Mira Honey in the fulfilment of any obligation to the customer cannot be attributed to Mira Honey in any situation independent of the will of Mira Honey, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Mira Honey.

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to : state of emergency (such as civil war, insurrection, riots, natural disasters, pandemic, etc) defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which Mira Honey cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Mira Honey can comply with it.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. Mira Honey does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Changes in The General Terms and Conditions

 

  1. Mira Honey is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discusses by Mira Honey with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of Rights

 

  1. The customer cannot transfer its rights deferring from an agreement with Mira Honey to third parties without the prior written consent of Mira Honey.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of Nullity or Annullability

 

  1. If one or more provisions of these general terms and conditions prove nuts or annul able, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Mira Honey had in mind when drafting the conditions on that issue.

 

Applicable Law and Competent Court

 

 

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where Mira Honey is established in exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 
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