Latest revision: April 2, 2013.
Please read the following terms and conditions carefully.
This Terms and Conditions Agreement is a contract between you and Miniot BV (“Miniot”) and applies to your use of Miniot’s website http://www.miniot.com (“the website” or "the web shop") and any related products and services. By accessing or using any part of the website, you agree to become bound by these terms and conditions.
Any attempt to alter, supplement or amend this document or to enter an order for product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in writing, by both you and Miniot. These terms and conditions are subject to change without prior written notice at any time, at Miniot’s sole discretion.
All terms and conditions stated within this document override any terms and conditions on the website or elsewhere.
Paragraph 1 - Area of application
1.1 If you are under the age of 18, your parents’ or guardian’s consent is required to make purchases from this web shop.
1.2 Your use of any information or materials on this website is entirely at your own risk, for which Miniot shall not be liable. It is at all times your own responsibility to ensure that any product, service or information available through this website meets your specific requirements.
1.3 The website contains material owned by Miniot. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice (see paragraph 10).
1.4 Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Paragraph 2 - Offer and order
2.1 Orders become binding only after Miniot has confirmed acceptance in an order confirmation, unless agreed otherwise in written form.
2.2 Miniot tries to provide a complete and accurate description of the products and/or services offered. The description is intended to be sufficiently detailed to enable the customer to make a proper assessment of the offer. The representation of the properties of the displayed products might not be fully accurate due to factors beyond Miniot’s control. Miniot cannot be held responsible for this.
2.3 All descriptions, information and other announcements, which are available at the time of ordering, are applicable. Any information and announcements added, removed or changed after the time of ordering may not be applicable on the earlier ordered good. Miniot cannot be held responsible for this.
2.4 Any limited period of validity or any other condition will be explicitly mentioned.
2.5 Miniot reserves the right to change its stock availability on the website and to remove items from the product range before an offer becomes binding (i.e. after the order confirmation is received).
2.6 Miniot cannot be held liable for not being able to supply a product stated on the website. In case a product cannot be supplied but has been paid, Miniot will provide a comparable replacement product. In case Miniot is unable to provide the customer with a comparable replacement product, the product price will be refunded.
2.7 Force majeure may lead to delivery delay or order cancellation.
Paragraph 3 – Production time
3.1 Production of the item(s) you ordered starts on the first working day after Miniot has confirmed your order. Production time does not include shipping time.
3.2 When ordering more than one product, the longest production time of an individual product will apply to all products.
3.3 The production time mentioned per product is not binding. Miniot can only be held liable for production time delay if it is significant and attributable to serious negligence or misbehavior on Miniot’s part.
3.4 When a customer requests a specific date for delivery, Miniot will consider this request but cannot be held liable for possible changes to the agreed date.
Paragraph 4 - Pricing
4.1 All prices are stated in Euros (€) or US Dollars ($). US Dollar prices are derived from the Euro prices.
4.2 An order’s total sum due is the sum of the price of products ordered, the shipment costs and Value Added Tax (“VAT”) (when applicable). Prices do not include insurance, government fees, import duties, surcharges or any other additional charges.
4.3 Prices are quoted ex-VAT in Euros (unless stated differently).
Miniot will add taxes to the sales price when Miniot is required so by law, and will be charged to the customer. These taxes are 21% of the product price and shipment costs. Any increase in the VAT rate or new tax imposed between the time of the order and the time of delivery will be borne by the customer.
For non-EU countries:
VAT does not apply in non-EU countries. Customers from non-EU countries may have to pay additional charges, taxes and/or duties (see also paragraph 4.2).
4.4 Unless stated otherwise, Miniot’s prices apply only to the supply of the products described.
4.5 Miniot reserves the right to change prices. Euro prices stated at the website are valid throughout the entire ordering process. The total sum due stated in the order confirmation will be based upon these Euro prices. Dollar prices may vary slightly between the moment of payment and the actual withdrawal from your bank account due to exchange rate fluctuations.
4.6 In case of obvious pricing errors on the website, Miniot reserves the right to cancel the order or charge the customer for the price difference.
Paragraph 5 - Payment
5.1 The customer shall pay the total sum due (see paragraph 4.2) to Miniot online, either by PayPal© or by VISA© / MasterCard© through Miniot’s payment provider MultiSafePay. More information about these payment methods can be found at http://www.paypal.com and http://www.multisafepay.com/en/. Miniot cannot be held responsible for any errors or inaccuracies in the payment process, nor can Miniot provide support for any steps in the payment process.
5.2 The customer shall carefully read the order confirmation and report any errors or inaccuracies in the order confirmation data before shipment of the product and within seven days of the purchase date. Failure to report these errors or inaccuracies to Miniot in time may result in receiving a different product or may lead to additional administrative fees.
Paragraph 6 – Shipping costs
6.1 Shipping costs may vary depending on the shipping address and the number and variety of items ordered.
6.2 The customer will be charged for the shipping costs. Miniot will under no circumstance refund shipping costs after a shipment has been sent.
6.3 When the customer decides to change the shipping address, resulting in an increase of the shipping costs, the customer will be charged for these additional costs. Shipment will take place after payment of these costs has been received.
6.4 The customer will be informed in advance about the shipping costs and is aware of the fact that these costs will be added to the price of the product. Upon specifying a shipping address on the website, shipping costs will be calculated automatically.
Paragraph 7 - Deliveries
7.1 The items will be shipped to the shipping address provided by the customer.
7.2 The customer is responsible for providing correct address data. Providing incorrect or incomplete address data may lead to additional administrative fees.
7.3 Miniot ships all products by FedEx shipping service.
7.4 Miniot cannot be held responsible for the shipping or the service of the shipper. More information about shipment procedures, delays and delivery failures can be found at FedEx (http://www.fedex.com).
Paragraph 8 – Warranties
8.1 Miniot warrants to the customer that for a period of three months from delivery of the product(s) to the customer, the product(s) will be free of material defects. This includes only imperfections and/or defects that occurred during the manufacturing process. It must be demonstrable by the customer that he/she is not responsible for causing these imperfections and/or defects. The warranty for example is not applicable in case of dropping, breaking or damaging the product.
8.2 With due observance of paragraph 8.1 above, if in normal usage a product gets defected or damaged within the warranty period, Miniot will replace or repair the product free of charge.
8.3 Miniot is not responsible for damage that occurs as a result of your failure to follow the instructions with respect to the purchased product. In all instances, whatever the damage or whatever the cause of the damage, Miniot’s liability under no circumstances will exceed the purchase value of the product concerned.
8.4 The applicable warranty does not cover problems with a warranted product resulting from external causes such as accident, abuse, misuse, mishandling, collision, alteration, negligence, fire, theft, vandalism, riot, explosion, natural disaster, or acts of God.
8.5 In case an item is returned (in accordance with article 9) but the warranties do not cover the damage or defect, Miniot will charge a preset price for the repair or replacement.
Paragraph 9 – Returning products
9.1 The customer is obliged to contact Miniot by e-mail before returning products.
9.2 The customer has the right to return their product(s) without cause within 21 days after delivery, under the condition that the returned product(s) are in their original state, undamaged and in their original packaging. Miniot will refund the price of the product within 30 days after receiving the returned product in the above-mentioned state. Customized and/or engraved items will only be refunded for 50% of the product price. Miniot will not refund shipping costs (see also paragraph 6.2).
9.3 When the customer has received a product with imperfections and/or defects that are covered by our warranties (See 8.1), Miniot will repair or replace the product and resend it free of charge.
9.4 When Miniot and the customer have come to an agreement concerning the return of a product, the customer must complete the provided returning procedure by Miniot.
Paragraph 10 - Copyright
10.1 This website and its content is copyright of Miniot BV - © Miniot BV, 2012. All rights reserved.
10.2 Any redistribution or reproduction of part or all of the contents of the website in any form is prohibited other than the following:
- Printing or downloading to a local storage device for personal and non-commercial use only.
- Content may be copied to individual third parties for personal use, but only if Minot and the website are acknowledged as the source of the material.
10.3 The content of the website may not be distributed or exploited commercially, nor may it be transmitted to or stored in any other website or other form of electronic retrieval system, except with Miniot’s express written permission.
10.4 It is prohibited to duplicate, copy, distribute, trade, or reissue Miniot products or any part of Miniot products in any way without direct written consent of Miniot.
10.5 All brands and trademarks of Miniot are registered trademarks of Miniot. It is forbidden to use, copy, reproduce, republish, upload, forward, transmit, distribute or modify in any way brands or logos owned by Miniot.
Paragraph 11 - Limitation of liability
Miniot cannot be held liable for any damages or injuries to persons, damages to goods other then the sold products, loss of earnings or any other loss arising directly or indirectly from defects in the products sold by Miniot.
Paragraph 12 - Severability
Every provision of this agreement is intended to be serviceable. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision or provisions were omitted.
Paragraph 13 - Governing law
13.1 By accessing or using any part of the website you are responsible for compliance with all applicable laws.
13.2 These Terms & Conditions shall be interpreted, construed and governed by the laws in force in the Netherlands, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Netherlands and to waive any objections based upon venue.
This order shall be governed and construed in accordance with the Dutch laws. The applicable law (the Dutch civil code) is: Burgerlijk Wetboek Boek 7, Titel 1, Afdeling 9A: Overeenkomsten op afstand (http://www.overheid.nl)