Terms & Conditions

Article 1 – Definitions

In these Terms & Conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting in the course of a trade, business, craft, or profession and who enters into a distance contract with the merchant.

  • Day: calendar day.

  • Continuous performance contract: a distance contract relating to a series of products and/or services, where delivery and/or purchase obligations are spread over time.

  • Durable medium: any tool that enables the consumer or merchant to store information addressed personally to them in a way that allows future reference and unchanged reproduction.

  • Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.

  • Merchant: the natural or legal person offering products and/or services to consumers at a distance.

  • Distance contract: a contract concluded within an organized system for distance selling, where exclusive use is made of one or more means of distance communication up to and including conclusion of the contract.

  • Means of distance communication: a method that can be used to conclude a contract without the consumer and merchant being in the same place at the same time.

  • Terms & Conditions: these Terms & Conditions of the merchant.

Article 2 – Applicability

These Terms & Conditions apply to every offer made by the merchant and to every distance contract and order concluded between the merchant and the consumer.

Before the distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the Terms & Conditions can be reviewed at the merchant’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms & Conditions may be made available electronically before the contract is concluded in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated where these Terms & Conditions can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service terms also apply in addition to these Terms & Conditions, the above applies accordingly. In the event of conflicting terms, the consumer may rely on the provision that is most favorable to them.

If one or more provisions of these Terms & Conditions are at any time wholly or partially void or annulled, the agreement and these Terms & Conditions remain in effect for the remainder. The relevant provision will be replaced without delay with a provision that most closely reflects the intent of the original.

Situations not covered by these Terms & Conditions will be assessed in accordance with the spirit of these Terms & Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions will be interpreted in accordance with the spirit of these Terms & Conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The merchant is entitled to change 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 properly assess the offer. If the merchant uses images, these are intended to be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the merchant.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

Product images are intended to be a truthful representation. The merchant cannot guarantee that displayed colors exactly match the real colors of the products.

Each offer contains sufficient information for the consumer to understand the rights and obligations attached to acceptance of the offer, including in particular:

  • The price, excluding customs clearance fees and import VAT/taxes (if applicable). These additional costs are borne by the customer. The postal and/or courier service may collect VAT (possibly together with customs clearance fees) from the recipient.

  • Any shipping costs.

  • How the agreement will be concluded and what steps are required.

  • Whether the right of withdrawal applies.

  • The method of payment, delivery, and performance of the agreement.

  • The period for acceptance of the offer, or the period during which the merchant guarantees the price.

  • The rate for distance communication if costs differ from the regular base rate for the means of communication used.

  • Whether the agreement is archived after conclusion and, if so, how it can be accessed by the consumer.

  • How the consumer can check and, if desired, correct provided data before concluding the agreement.

  • Any other languages in which the agreement may be concluded in addition to Dutch.

  • Any codes of conduct the merchant adheres to and how the consumer can consult them electronically.

  • The minimum duration of the agreement in the event of a continuous performance contract.

Optional: available sizes, colors, materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer accepts the offer electronically, the merchant will promptly confirm receipt electronically. Until such confirmation is provided, the consumer may cancel the agreement.

If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure electronic data transfer and to ensure a secure web environment. If the consumer can pay electronically, the merchant will take appropriate security measures.

The merchant may, within legal limits, investigate whether the consumer can meet payment obligations, as well as facts and factors relevant to responsibly entering into the agreement. If the merchant has valid grounds not to enter into the agreement, the merchant may refuse an order or request with reasons or attach special conditions to performance.

The merchant will provide the consumer with the following information with the product or service, in writing or in a format that can be stored on a durable medium:

  • The visiting address where the consumer can submit complaints.

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • Information about warranties and after-sales service.

  • The information included in Article 4 paragraph 3, unless already provided before performance.

  • Termination requirements if the agreement lasts more than one year or is of indefinite duration.

In the case of a continuous performance contract, the above applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer may cancel the agreement without giving any reason for 30 days. This cooling-off period starts on the day after the consumer (or a representative designated by the consumer and known to the merchant) receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all delivered accessories and, where reasonably possible, in its original condition and packaging, following the merchant’s reasonable and clear instructions.

To exercise the right of withdrawal, the consumer must notify the merchant within 30 days of receiving the product by written message/email. After notifying the merchant, the consumer must return the product within 30 days. The consumer must be able to provide proof of timely return shipment (for example, a shipping receipt).

If the consumer fails to notify the merchant and/or return the product within the time limits described above, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are the consumer’s responsibility.

If the consumer has paid an amount, the merchant will refund it as soon as possible, but no later than 30 days after withdrawal, provided the product has been received back or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The merchant may exclude the consumer’s right of withdrawal for products as described below, provided this is clearly stated in the offer, or at least in time before concluding the agreement.

Exclusion is only possible for products:

  • Made according to the consumer’s specifications.

  • Clearly personal in nature.

  • That cannot be returned due to their nature.

  • That may spoil or age quickly.

  • Whose price is subject to fluctuations in the financial market beyond the merchant’s control.

  • Individual newspapers and magazines.

  • Audio/video recordings and computer software where the consumer has broken the seal.

  • Hygiene products where the consumer has broken the seal.

Exclusion is only possible for services:

  • Accommodation, transport, restaurant services, or leisure activities performed on a specific date or during a specific period.
  • Where performance has begun with the consumer’s explicit consent before the cooling-off period has ended.
  • Betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, prices will not be increased, except for price changes due to changes in VAT/tax rates.

The merchant may offer variable prices for products or services whose prices are subject to fluctuations in the financial market beyond the merchant’s control. This dependence and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months after conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after conclusion of the agreement are only permitted if the merchant has stipulated this and:

  • They result from legal regulations or provisions; or

  • The consumer is entitled to terminate the agreement as of the day the price increase takes effect.

Delivery may take place outside the EU. Import VAT/taxes and/or customs clearance fees may be collected by the postal or courier service from the recipient. Therefore, the merchant will not charge VAT in such cases.

All prices are subject to typographical and printing errors. The merchant is not liable for such errors and is not obliged to deliver a product at an incorrect price.

Article 9 – Identity of the Merchant

Business name: Mineria Boutique

Business address: Gustav Mahlerlaan 5241, 1083 LA Amsterdam, Netherlands

Email: support@mineria.com

Chamber of Commerce/Registration number: 13859655

VAT/Tax ID: 398103

Article 10 – Conformity & Warranty

The merchant guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the merchant also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the merchant, manufacturer, or importer does not affect the legal rights and claims the consumer may have against the merchant under the agreement.

Defects or incorrectly delivered products must be reported in writing within 30 days after delivery. Returned products must be in original packaging and in new condition.

The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the products themselves or had them repaired/modified by third parties.

  • The products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to instructions provided by the merchant and/or on the packaging.

  • The defect is wholly or partly the result of regulations imposed (or to be imposed) by the government regarding the nature or quality of the materials used.

Article 11 – Delivery & Performance

The merchant will exercise the greatest possible care when receiving and fulfilling orders.

The place of delivery is the address provided by the consumer.

Subject to Article 4, accepted orders will be fulfilled with due speed but no later than 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 fulfilled partially, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer may cancel the agreement free of charge and is entitled to any compensation where applicable.

In case of cancellation, the merchant will refund the amount paid as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the merchant will make efforts to provide a replacement item. It will be clearly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Costs of any return shipment are borne by the merchant.

The risk of damage and/or loss remains with the merchant until delivery to the consumer or a representative designated in advance, unless expressly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Termination & Renewal

Termination
The consumer may terminate an agreement of indefinite duration for regular delivery of products (including electricity) or services at any time, subject to agreed rules and a notice period of no more than one month.

The consumer may terminate an agreement for a fixed term for regular delivery of products (including electricity) or services at the end of the fixed term, with a notice period of no more than one month.

The consumer may terminate these agreements:

  • At any time and not be restricted to a specific date/period.

  • At least in the same manner as the agreement was concluded.

  • Always with the same notice period as the merchant has stipulated for themselves.

Renewal
An agreement for a fixed term for regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.

By exception, an agreement for regular delivery of daily/news/weekly newspapers and magazines may be automatically renewed for up to three months, provided the consumer can terminate at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement for regular delivery of products/services may only be automatically extended 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 when the delivery is regular but less than once a month for daily/news/weekly newspapers and magazines.

Trial subscriptions are not automatically continued and end automatically after the trial period.

Duration
If an agreement lasts more than one year, the consumer may terminate after one year with a notice period of no more than one month, unless reasonableness and fairness oppose earlier termination.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period begins (as referred to in Article 6 paragraph 1). For service agreements, this period begins after the consumer receives confirmation.

The consumer must report inaccuracies in payment details to the merchant without delay.

In case of non-payment, the merchant may charge reasonable costs (within legal limits) that were communicated in advance.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after the consumer has discovered the issue, and must be fully and clearly described.

Complaints will be answered within 30 days from the date of receipt. If a complaint requires longer processing time, the merchant will respond within 30 days with a confirmation of receipt and an indication of when a detailed response can be expected.

If the complaint cannot be resolved amicably, a dispute arises that may be subject to dispute resolution.

A complaint does not suspend the merchant’s obligations unless the merchant states otherwise in writing.

If a complaint is found valid, the merchant will, at their discretion, replace or repair the product free of charge.

Article 15 – Disputes

All agreements to which these Terms & Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 relating to payment services legislation and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.