Terms of Service
Article 1 – Definitions
In these terms, the following definitions apply:
-
Cooling-off period: The period during which the consumer has the right to withdraw from the agreement.
-
Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
-
Day: Calendar day.
-
Duration transaction: A distance contract for a series of products and/or services with staggered delivery and/or take-off obligations.
-
Durable data carrier: A means by which the consumer or entrepreneur can store information in such a way that future consultation and unchanged reproduction is possible.
-
Right of withdrawal: The right of the consumer to withdraw from the distance agreement within the cooling-off period.
-
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
-
Distance agreement: An agreement whereby, as part of an organized system for the distance sale of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the agreement.
-
Technique for distance communication: Any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
-
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
-
Company name: Mizona Fashion
-
Business number: 1010.036.056
-
VAT number: 1010.036.056
-
Address: Available on request; no physical address for visits
-
Customer service email: info@mizonafashion.com
Article 3 – Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to any distance agreement and order between the entrepreneur and the consumer.
Before a distance agreement is concluded, the consumer is provided with the text of these general terms and conditions. If this is not possible, it will be indicated where the general terms and conditions can be viewed and how they can be sent free of charge upon request.
In the case of electronic agreements, the text of these terms may also be provided electronically, allowing the consumer to easily save it. If this is not possible, it will be indicated where the general terms and conditions can be accessed electronically and how they can be sent free of charge.
If specific product or service terms are applied in addition to these general terms, the consumer may rely on the most favorable provision in case of contradictions.
If one or more provisions of these general terms are found to be invalid, the remaining provisions shall remain in effect. The invalid provision will be replaced in mutual consultation by a provision that most closely approximates the intent of the original.
For situations not covered by these terms, the intent of these terms applies. Uncertainties regarding the interpretation or content of provisions must be interpreted according to the intent of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur may change and adjust the offer at any time.
The offer contains a detailed description of the products and/or services, allowing the consumer to make a proper assessment. Images are a truthful representation, but the entrepreneur does not guarantee that the colors exactly match the actual colors.
The offer clearly states:
-
The price, excluding customs clearance costs and import VAT, which are the responsibility of the customer. Import VAT and customs clearance costs will be collected by the postal or courier service from the recipient.
-
Any shipping costs.
-
How the agreement is concluded and what actions are required for this.
-
Whether the right of withdrawal applies.
-
The payment, delivery, and execution methods of the agreement.
-
The period for acceptance of the offer or the period within which the entrepreneur guarantees the price.
-
The rate for distance communication if different from the regular basic rate.
-
Whether the agreement will be archived and, if so, how it can be accessed by the consumer.
-
How the consumer can check and, if desired, amend their data before the agreement is concluded.
-
Any other languages in which the agreement can be concluded.
-
The codes of conduct to which the entrepreneur adheres and how they can be consulted.
-
The minimum duration of the agreement in the case of a duration transaction.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions.
Upon electronic acceptance of the offer, the entrepreneur will immediately confirm the receipt of the acceptance. Until this confirmation is received, the consumer can cancel the agreement.
In the case of electronic agreements, the entrepreneur ensures secure data transfer and a safe web environment. Appropriate security measures are taken for electronic payments.
The entrepreneur may, within legal limits, check whether the consumer can meet payment obligations and whether other relevant factors are present for entering into the agreement. If the entrepreneur has doubts, they may refuse the order or carry it out under special conditions.
For a product or service, the consumer will receive the following information in writing or on a durable data carrier:
-
The address of the establishment for complaints.
-
The conditions and method of withdrawal or a notification if withdrawal is not possible.
-
Warranty information and after-sales service.
-
The information referred to in Article 4, paragraph 3, if not yet provided.
-
The requirements for termination in the case of an agreement lasting more than one year or for an indefinite duration.
For a duration transaction, the above applies only to the first delivery.
Each agreement is subject to the availability of the products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has 14 days to cancel the agreement without stating reasons. This period begins the day after the product is received by the consumer or a designated representative.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used for assessment. Upon withdrawal, the product, including accessories and, if possible, in its original condition and packaging, must be returned according to the entrepreneur's instructions.
The consumer must notify the withdrawal in writing or via email within 14 days of receiving the product. After notification, the product must be returned within 14 days. The consumer must provide proof that the products have been returned on time, for example with a shipping receipt.
If the consumer does not respond within the stated periods or does not return the product, the purchase is final.
Article 7 – Costs of Withdrawal
The costs of returning products are the responsibility of the consumer.
If the consumer has paid, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received or proof of return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products, provided this is clearly stated in the offer or before concluding the agreement. This applies to:
-
Products that are custom-made according to the consumer's specifications.
-
Personal items.
-
Products that cannot be returned due to their nature.
-
Products that spoil quickly or have a limited shelf life.
-
Products whose price fluctuates due to financial markets.
-
Loose newspapers and magazines.
-
Audio and video recordings and computer software whose seal has been broken.
-
Hygiene products whose seal has been broken.
Exclusion of the right of withdrawal is also possible for services:
-
Regarding accommodation, transport, restaurant services, or leisure activities on a specific date or period.
-
Services for which delivery has commenced with the consumer's consent before the cooling-off period has expired.
-
Competitions and lotteries.
Article 9 – Price
The prices of products and services remain unchanged during the validity period of the offer, except in case of changes in VAT rates.
Products or services with prices that fluctuate due to the financial market may have variable prices, which will be indicated in the offer.
Price increases within 3 months after the agreement are only permitted in accordance with legal provisions. After 3 months, price increases are permitted if:
-
They are the result of legal provisions.
-
The consumer can terminate the agreement from the date of the increase.
-
The delivery takes place in the country where the transport begins. For delivery outside the EU, import VAT and customs clearance costs will be collected by the postal or courier service. The entrepreneur does not charge VAT.
Prices are subject to printing and typing errors. The entrepreneur is not obliged to deliver at an incorrect price due to printing and typing errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement and meet the reasonable expectations of the consumer.
The entrepreneur is not liable for defects caused by incorrect use by the consumer.
The warranty period is 1 year unless stated otherwise. The consumer can claim warranty for defects according to the warranty conditions.
Article 11 – Delivery and Execution
The entrepreneur delivers the product to the consumer's specified address within the agreed timeframe. Unless otherwise agreed, a delivery period of 30 days applies.
In case of exceeding the delivery time, the consumer has the right to dissolve the agreement unless the entrepreneur can demonstrate that the delivery period has been extended due to circumstances beyond their control.
In case of dissolution, the entrepreneur will refund the amount of the agreement within 14 days.
Article 12 – Payment
The consumer pays the price of the product and any shipping costs upon ordering, unless stated otherwise.
Payments can be made using the available payment methods. In case of late payment, the entrepreneur can remind the consumer and take further steps to obtain payment.
Article 13 – Complaints Procedure
The entrepreneur offers a complaints procedure. Complaints can be submitted in writing or via email and will be handled within a reasonable time.
If a complaint is not resolved to satisfaction, the consumer can contact an independent dispute resolution committee.
Article 14 - Sale items
Sale Items Exchange Policy
Please note that items purchased during a sale or with a discount are final sale and cannot be returned for a refund. However, we understand that finding the right fit is important, so sale items can only be exchanged for a different size if available.
To be eligible for an exchange, the following conditions apply:
- The item must be unused, unworn, and in its original condition, including all tags and packaging.
- Exchanges must be requested within 14 days of receiving your order.
- Sale items can only be exchanged for a different size of the same product. We cannot offer exchanges for other products or store credit.
- Shipping costs for the return of the item are the responsibility of the customer.
Please reach out to our customer service team at Info@mizonafashion.com for assistance with your exchange request.
Article 15 – Privacy
The entrepreneur respects the privacy of the consumer and processes personal data in accordance with the legislation.
Article 16 – Disputes
All agreements between the entrepreneur and the consumer are exclusively governed by Dutch law, even if the consumer is abroad. Disputes are preferably resolved by an independent dispute resolution committee.