GENERAL CONDITIONS
Introduction
Please find below our Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later date.
Article 1 - Definitions
1.1 Mystery United B.V.: based in Almelo and registered with the Chamber of Commerce under registration number 86813307 trading under the name Mystery United B.V.
1.2 Website: the website of Mystery United B.V., accessed via mysteryunited.shop and all associated subdomains.
1.3 Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Mystery United B.V. and/or has registered on the Website.
1.4 Agreement: every arrangement or agreement between Mystery United B.V. and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: the present General Terms and Conditions.
Article 2 - Applicability of General Terms and Conditions
2.1 The General Terms and Conditions shall apply to all offers, Agreements and deliveries of Mystery United B.V., unless explicitly agreed otherwise in writing.
2.2 Should Customer, in his order, confirmation or communication containing acceptance, include provisions or conditions which deviate from, or do not occur in these General Terms and Conditions, these shall only be binding for Mystery United B.V., if and to the extent these have been expressly accepted by Mystery United B.V. in writing.
2.3 In case specific product or service conditions apply in addition to these General Terms and Conditions, these conditions shall also apply, but in case of conflicting conditions the Customer may always refer to the applicable provision which is most favourable to him.
Article 3 - Prices and information
3.1 All prices stated on the Website and in other materials originating from Mystery United B.V. are inclusive of VAT and, unless stated otherwise on the Website, other government levies.
3.2 If shipping costs are charged, this will be stated clearly and timely before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, Mystery United B.V. cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Mystery United B.V. are subject to obvious programming and typing errors.
3.4 Mystery United B.V. cannot be held responsible for (colour) deviations due to screen quality.
Article 4 - Formation of the Agreement
4.1 The Agreement is established at the moment of acceptance by the Customer of Mystery United B.V.'s offer and meeting the conditions thereby stipulated by Mystery United B.V..
4.2 If the customer has accepted the offer electronically, Mystery United B.V. shall immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement.
4.3 If when accepting or otherwise entering into the Agreement the Customer provided incorrect data, Mystery United B.V. shall be entitled to fulfil its obligation only after having received the correct data.
4.4 Mystery United B.V. may inform itself within legal frameworks whether the Customer can fulfil its payment obligations, but also of all facts and factors which are important for a responsible conclusion of the Agreement. If, based on this investigation, Mystery United B.V. has good grounds not to enter into the Agreement, it shall be entitled to refuse an order or request, with motivation, or to attach special conditions to the execution, such as prepayment.
Article 5 - Registration
5.1 To make best use of the Website, Customer can register via the registration form/ account sign-up option on the Website.
5.2 During the registration procedure, Customer chooses a user name and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3 Customer must keep his login details, username and password strictly confidential. Mystery United B.V. is not liable for abuse of the login details and may always assume that a customer who logs on to the Website is indeed that customer. Everything which happens via the Customer's account is the responsibility and risk of the Customer.
5.4 If Customer knows or suspects that his login details have fallen into the hands of unauthorised persons, he needs to change his password as soon as possible and/or notify Mystery United B.V., so that Mystery United B.V. can take appropriate measures.
Article 6 - Execution of Agreement
6.1 As soon as the order has been received by Mystery United B.V., Mystery United B.V. will send the products, with due observance of the provisions in paragraph 3 of this article, as soon as possible.
6.2 Mystery United B.V. is entitled to engage third parties to execute the obligations arising from the Agreement.
6.3 The delivery period is in principle a maximum of five working days in the Netherlands and Belgium. The method of delivery can take place in various ways and is at Mystery United B.V.'s discretion.
6.4 Should Mystery United B.V. not be able to deliver the products within the agreed period, it shall inform the Customer. In that case, Customer can agree to a new delivery date or he will be given the opportunity to dissolve the agreement free of charge.
6.5 Mystery United B.V. recommends that customers inspect the delivered products and report any defects within a reasonable time, preferably in writing. See article on warranty and conformity.
6.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, is transferred to Customer. If expressly agreed otherwise, the risk shall pass to the Customer at an earlier stage. If the Customer decides to collect the products, the risk shall pass on transfer of the products.
6.7 Mystery United B.V. is entitled to deliver a product of similar quality as the ordered product, if the ordered product is no longer available. Customer is then entitled to dissolve the Agreement and return the product free of charge.
Article 7 - Right of withdrawal
7.1 This article only applies to the Customer being a natural person not acting in the exercise of his profession or business.
7.2 Customer has the right to dissolve the remotely concluded Agreement with Mystery United B.V. within 30 days after receipt of the product, without giving reasons.
7.3 The period starts on the day after the Customer, or a third party designated by him beforehand, who is not the carrier, has received the product, or:
● if Customer ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product;
● if the delivery of a product consists of several consignments or parts: the day on which Customer, or a third party designated by him, has received the last consignment or part;
● in case of Agreements for regular delivery of products during a certain period: the day on which Customer, or a third party designated by him, has received the first product.
7.4 Customer has to bear the return costs himself, if these costs are higher than the regular postal rate Mystery United B.V. will give an estimate of these costs. Shipping costs made by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
7.5 Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and its packaging with care. Customer shall only open the packaging and use the product insofar as this is necessary to inspect the nature, characteristics and functioning of products. The starting point here is that this inspection may not go any further than what Customer would be able to do in a physical shop.
7.6 Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in the previous paragraph.
7.7 Customer may dissolve the Agreement in accordance with the term stated in paragraph 1 of this article by sending the model withdrawal form (digitally) to Mystery United B.V., or otherwise unambiguously informing Mystery United B.V. that he abandons the purchase. In case of a digital notification Mystery United B.V. shall confirm receipt of that notification. After dissolution, the customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this article, provided the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.
Products can be returned via www.mysteryunited.returnless.com to:
Mystery United B.V.
Bedrijfsweg 9
7671 EG VRIEZENVEEN
The Netherlands
7.8 Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Mystery United B.V. shall not be obliged to refund the additional costs for the more expensive method. Unless Mystery United B.V. offers to collect the product itself, Mystery United B.V. may wait with refunding until Mystery United B.V. has received the product or until Customer proves he has returned the product, whichever time is earlier.
7.9 On the Website, information about whether or not the right of withdrawal is applicable and a possible desired procedure is clearly stated, timely prior to the conclusion of the Agreement.
Article 8 - Payment
8.1 Customer shall pay Mystery United B.V. according to the payment methods indicated in the ordering procedure and possibly on the Website. Mystery United B.V. is free in its choice of payment methods and these may also change from time to time. In case of payment after delivery, Customer has a payment term of 14 days starting on the day after delivery.
Article 9 - Guarantee and conformity
9.1 This article is only applicable if the customer is not acting in the exercise of his profession or business. Should Mystery United B.V. give a separate guarantee on the products, this applies to all types of Customers, notwithstanding the above.
9.2 Mystery United B.V. guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of realisation of the Agreement. If specifically agreed, Mystery United B.V. also guarantees that the product is suitable for other than normal use.
9.3 A guarantee provided by Mystery United B.V., manufacturer or importer does not affect the legal rights and claims the Customer already has and can invoke under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer should notify Mystery United B.V. within a reasonable period after he has discovered the defect.
9.5 If Mystery United B.V. considers the complaint valid, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, with due observance of the Article on liability, equal to the price paid by Customer for the product.
Article 10 - Complaint procedure
10.1 If the customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of Mystery United B.V.'s services, he can lodge a complaint by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2 Mystery United B.V. will respond to the customer's complaint as soon as possible, but in any event within 2 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive reaction, Mystery United B.V. will confirm the complaint within 2 days after receipt and give an indication of the period within which it expects to give a substantive or definitive reaction to the customer's complaint.
10.3 Customers not acting in the exercise of their profession or business may also submit a complaint via the European Dispute Resolution Platform, accessible via http://ec.europa.eu/odr/.
Article 11 - Personal data
11.1 Mystery United B.V. processes Customer's personal data in accordance with the privacy statement published on the Website.
Article 12 - Final provisions
12.1 Dutch law is applicable to the Agreement.
12.2 Unless otherwise prescribed by rules of mandatory law, all disputes which may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district where Mystery United B.V. has its registered office.
12.3 Should a provision in these General Terms and Conditions prove to be void, this shall not affect the validity of the entire General Terms and Conditions. The parties shall in that case replace (a) new provision(s), which will implement the intention of the original provision as much as legally possible.
12.4 In these General Conditions, ‘in writing’ also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail has been sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Mystery United B.V.
Bedrijfsweg 9
7671 EG VRIEZENVEEN
Nederland
E-mail: info@mysteryunited.shop
Chamber of Commerce number: 86813307
VAT number: NL864094401B01