Terms of service

The general terms and conditions apply to all agreements for the purchase and delivery of products from Mouse and Mini's.

Mouse and Mini's reserves the right to amend or supplement these general terms and conditions at any time. By placing an order, you agree to these general terms and conditions.

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the 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 Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the 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;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Artikel 2 - Identity of the Entrepreneur

Mouse and Mini's
Suiteweg 65
5245BW Rosmalen
The Netherlands

E-mail: info@mouseandminis.com

KVK: 95273131
BTW: NL005143038B64

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, prior to the conclusion of the distance contract, that the General Terms and Conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
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 uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data included in the offer are indicative and cannot give rise to compensation or the dissolution of the distance contract.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
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 includes in particular:

the price including taxes;
any shipping costs;
the manner in which the distance contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the distance contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the communication method used;
whether the distance contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the information provided in the context of the distance contract before concluding it;
any other languages in which, in addition to Dutch, the distance contract can be concluded;
the codes of conduct to which the entrepreneur has committed 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.

Article 5 – The Agreement

The distance contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the distance contract.
If the distance contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
The entrepreneur may, within the limits of the law, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the distance contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The entrepreneur shall provide the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service:
the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;

the data referred to in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the distance contract;
the requirements for terminating the distance contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every distance contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to dissolve the distance contract without giving any reason within a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall 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.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. Notification must be made using the model withdrawal form or by another means of communication, such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example by means of a proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

For the delivery of services:

In the case of service delivery, the consumer has the right to dissolve the distance contract without giving any reason for at least 14 days, starting from the day the distance contract is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they shall bear no more than the cost of returning the product.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return has been provided. Refunds shall be made using the same payment method that the consumer used, unless the consumer explicitly agrees to a different method of payment.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal prior to the conclusion of the distance contract.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the distance contract.
Exclusion of the right of withdrawal is only possible for products:

that have been manufactured by the entrepreneur according to specifications provided by the consumer;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
that consist of individual newspapers or magazines;
that are audio or video recordings or computer software whose seal has been broken by the consumer;
that are hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any listed prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the distance contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the distance contract are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the distance contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
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 such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the distance contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the distance contract was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the distance contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
The warranty period provided by the entrepreneur 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.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the entrepreneur.
Subject to the provisions of paragraph 4 of this article, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the distance contract at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a distance contract concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a distance contract concluded for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
In the case of the contracts referred to in the previous paragraphs, the consumer shall have the right to:

terminate at any time and not be restricted to termination at a specific time or during a specific period;
terminate in the same manner as the contract was entered into;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A distance contract concluded for a fixed period and which involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
By way of exception, a distance contract concluded for a fixed period for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A distance contract concluded for a fixed period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of a contract involving the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

If a distance contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a distance contract for the provision of a service, this period begins after the consumer has received confirmation of the distance contract.
The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a complaints procedure that is sufficiently publicized and handles complaints in accordance with this complaints procedure.
Complaints regarding the execution of the distance contract must be submitted to the entrepreneur within 2 months after the consumer has identified the defects, and must be clearly and fully described.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Distance contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Item added to your cart