Click here for the general terms and conditions of the Webshop Quality Mark Foundation.
Click here for information about the "distance selling" law.
Article 1 - Scope
1. In these terms and on the website, "Mix my Photo" refers to:
the private limited company, Mix my Photo, operating under the name Mix my Photo; statutorily registered in Almelo; with its office located at Mauritskade 5, 2514 HC, The Hague, Netherlands.
Phone number: +31 (0)70 360 74 73
Email address: info@mixmyPhoto.com
Chamber of Commerce number: 80647138
VAT number: NL003471097B20
2. These general terms and conditions apply to every concluded distance agreement - such as an order placed by the customer (hereinafter referred to as the "buyer") with Mix my Photo via www.mixmyphoto.com - and delivery between Mix my Photo and the buyer. Any reference by the buyer to their own general or purchasing conditions and their applicability is explicitly rejected by Mix my Photo.
3. By placing an order, the buyer accepts being bound by these general terms and conditions and declares that they have read and understood them.
4. The general terms and conditions can be sent upon request and can also be consulted at any time on the aforementioned website.
Article 2 - Conclusion of the agreement
The agreement is concluded at the moment Mix my Photo receives the acceptance of the offer from the buyer by placing an order with Mix my Photo.
Mix my Photo immediately confirms the receipt of the acceptance of the offer to the buyer by electronic means. As long as the receipt of this acceptance has not been confirmed, the buyer can dissolve the agreement.
Mix my Photo reserves the right to not accept orders without providing reasons.
The buyer who provides (name and address) data in the context of the agreement guarantees that they are correct, complete, and up-to-date. The buyer has an obligation to immediately report any inaccuracies in the provided or mentioned payment details to Mix my Photo.
Article 3 - Prices and payment
The prices mentioned in the product offer are (unless otherwise indicated) inclusive of VAT and in Euro, and are subject to printing and typographical errors. The prices exclude shipping costs, which are indicated separately for the products.
The prices mentioned in the preceding paragraph will not be increased by Mix my Photo after the conclusion of the agreement unless legal measures make this necessary. In that case, the buyer is entitled to dissolve the agreement by means of a written declaration to Mix my Photo.
Payment can be made using the payment options mentioned on the website and subject to the accompanying conditions.
Mix my Photo can ascertain whether the buyer can meet their payment obligations, as well as all facts and factors that are important for the responsible conclusion of an agreement. If, based on this investigation, Mix my Photo has grounds to not enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to its execution.
Article 4 - Images and specifications
All product images, as well as accompanying specifications, sizes, and data displayed on the Mix my Photo website, are only approximate. The final product delivered to the buyer may differ to some extent in terms of color, dimension, etc., from these images or specifications. This does not imply that the product does not conform to the agreement.
Manifest errors or mistakes regarding paragraph 1 of this article and the provisions of article 3, paragraph 1, do not bind Mix my Photo.
Article 5 - Delivery
Mix my Photo will exercise the utmost care in receiving and fulfilling orders. The delivery times mentioned here and on the website are indicative and do not confer any rights to the buyer, nor are they binding.
The delivery address will be the address provided by the buyer to Mix my Photo. Unless otherwise agreed in writing, Mix my Photo only delivers to specified physical addresses within the Netherlands or Belgium. Orders for delivery to an address outside the Netherlands or Belgium will not be fulfilled.
Mix my Photo is entitled to deliver in installments (partial deliveries), which may be invoiced separately.
Mix my Photo will promptly fulfill accepted orders after the conclusion of the agreement, but no later than 30 days thereafter. If the delivery is delayed beyond these 30 days, the buyer will be notified as soon as Mix my Photo becomes aware of the delay. In such cases, Mix my Photo is in default if the buyer has issued a written notice of default, granting Mix my Photo a reasonable period to deliver, and even then, performance is not forthcoming. In that case, the buyer has the right to terminate the agreement, either partially or entirely, without any costs. Alternatively, a different delivery period or the delivery of a different product may be agreed upon.
If an order cannot be fulfilled or can only be partially fulfilled, the buyer will be promptly notified after Mix my Photo becomes aware of the situation. In such cases, the buyer has the right to terminate the agreement, either partially or entirely, without any costs.
In the event of termination according to sections 4 and 5, Mix my Photo will promptly refund any amounts the buyer has paid to Mix my Photo. The buyer is not entitled to any compensation.
The risk of the products remains with Mix my Photo until the moment of delivery to the buyer, unless expressly agreed otherwise.
Article 6 - Cooling-off period or right of withdrawal
The buyer has the opportunity to dissolve the agreement within 14 days after receiving the product, either by the buyer or a designated third party (not the carrier), if the product is not manufactured correctly. This period starts on the day after the product, or in the case of partial delivery, after all products/components of the order have been received by or on behalf of the buyer.
To exercise the right of withdrawal, the buyer must inform Mix my Photo of their decision through an unambiguous statement (e.g., in writing by post, fax, or email). The buyer may use the model withdrawal form provided in Appendix 1 of these terms and conditions, but this is not mandatory.
The buyer can fill out this model form or provide another clearly formulated statement and send it to info@Mix my Photo.nl, or they can use the return request on the Mix my Photo website.
Subsequently, the buyer must return the products as soon as possible, but no later than 14 days after the declaration mentioned in paragraph 2, in the manner indicated by Mix my Photo.
The return of the products must be done by registered mail, in the original packaging (including accessories and accompanying documentation), with the original or similar protective materials, and in the condition in which the buyer received them, i.e., undamaged and in good condition. The direct costs of returning the products are the responsibility of the buyer.
During the cooling-off period, the buyer should handle the products and packaging with care. They should only unpack or use the products to the extent necessary to determine whether they wish to keep the product. The buyer is only liable for any depreciation in the value of the products resulting from the use beyond what is necessary to establish the nature, characteristics, and functioning of the products.
After a successful withdrawal, Mix my Photo will refund the amounts paid by the buyer (including initial delivery costs) within 14 days from the day of receiving the declaration mentioned in paragraph 2.
Mix my Photo may wait to refund until all products have been returned or until the buyer has provided evidence of returning the products, whichever occurs first.
If the buyer has chosen a more expensive method of initial delivery than the cheapest standard delivery, Mix my Photo is not obligated to refund the additional costs of the more expensive method.
Article 7 - Retention of ownership
If applicable, Mix my Photo retains ownership of all products delivered by Mix my Photo until full payment of the price for all products delivered or to be delivered by Mix my Photo to the buyer (including any due interest and/or costs) under the relevant agreement or any previous or subsequent similar agreements.
Article 8 - Warranty and conformity
Mix my Photo guarantees that the products it delivers comply with the legal requirements of usability, reliability, and durability as intended by the parties to the agreement in a reasonable manner.
To the extent possible, the buyer is obligated to immediately inspect the delivered product(s) upon receipt. If it appears that the delivered product is incorrect, defective, or incomplete, the buyer must report these defects to Mix my Photo as soon as possible after discovery (before returning the product). This should be done in the manner specified on the website. Any defects or incorrectly delivered products must be reported to Mix my Photo in writing within 2 weeks (possibly within 2 months in certain cases) after discovery in the case of a consumer purchase, or within a reasonable time after discovery or when it should have reasonably been discovered. Any return of the products must be done by registered mail, in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them, and in the manner indicated by Mix my Photo.
If it is determined that the delivered product(s) do not conform to the agreement, Mix my Photo will replace or repair the delivered product(s) free of charge or reach a written agreement with the buyer regarding compensation for damages.
The buyer cannot invoke the warranty mentioned in paragraph 1 if the delivered product(s) have been exposed to abnormal conditions, if the buyer has not taken reasonable care for their preservation, if these products have been treated contrary to the instructions of Mix my Photo and/or the user manual, or if the buyer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
Article 9 - Liability
Any liability of Mix my Photo for damages is excluded, including but not limited to additional compensation in any form, compensation for indirect or consequential damages, or damages resulting from lost profits (incurred by the buyer and/or third parties), unless there is intent or gross negligence on the part of Mix my Photo.
Mix my Photo is not liable for errors and/or omissions on the part of its suppliers or assistants.
If, for any reason beyond the control of Mix my Photo, the buyer is unable to or has been unable to receive a product because the requirements of Article 2 paragraph 4 have not been met, Mix my Photo is not liable for any resulting damages and is not obliged to provide a replacement product.
The liability of Mix my Photo, and thus the amount of compensation, is always limited to a maximum of the invoice amount of the respective products, or (at the choice of Mix my Photo) to the maximum amount paid out by Mix my Photo's liability insurance in the specific case.
The provisions of this article do not affect the statutory liability of Mix my Photo under mandatory provisions of law.
Article 10 - Complaints procedure
Complaints about the execution of the agreement must be reported to Mix my Photo within a reasonable time, in a complete and clearly described manner, via info@Mix my Photo.nl, telephone, or live chat, after the buyer has discovered the defects.
Complaints submitted to Mix my Photo will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Mix my Photo will respond within this period with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed response.
Article 11 - Non-consumer purchase
The following clauses of these terms and conditions explicitly do not apply to agreements concluded with a buyer acting in the course of a profession or business:
Article 2 paragraph 2 regarding the right of cancellation;
Article 3 paragraph 2 regarding the right of cancellation in case of price increase;
Article 5 paragraph 4 regarding the maximum delivery period of 30 days;
Article 6 paragraph 1 regarding the mentioned right of withdrawal;
Article 8 paragraph 3 regarding repair and replacement.
Article 12 - Miscellaneous provisions
If a provision of these terms and conditions is declared null or unenforceable, the other provisions will remain in effect, and an alternative provision will be agreed upon in mutual consultation that corresponds as closely as possible to the old provision. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
These terms and conditions and all agreements between Mix my Photo and the buyer to which these terms and conditions apply are exclusively governed by Dutch law. The District Court of Oost-Brabant has exclusive jurisdiction to hear disputes between Mix my Photo and the buyer, unless Mix my Photo prefers to submit the dispute to the competent court of the buyer's place of residence.
