Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Grace period: The period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
  5. Durable medium: every means that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  8. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
  9. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Mygainz

Driessenshof 58 

7121XV Aalten Gelderland

Reachability: We strive to answer your question within 24 hours, the quickest contact is via our WhatsApp window.

E-mail address: info@mygainz.nl,
www.mygainz.nl

Chamber of Commerce number: 74486497
VAT ID number: NL002366197B68

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to 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 data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

  1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
  2. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
  • the price including taxes;
  • the possible costs of delivery;
  • the way in which the agreement will be brought about and what actions are required for this;
  • the applicability or otherwise of the right of withdrawal;
  • the method of payment, delivery and execution of the agreement;
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
  • any other languages besides Dutch in which the agreement may be concluded;
  • the codes of conduct to which the trader is subject 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 an extended transaction.

Article 5 - The Agreement

  1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
  4. The entrepreneur can - within legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:a. the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact for any complaints;b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification about being exempted from the right of withdrawal;c. the information on guarantees and existing after-sales service;d. the requirements for cancelling the contract, unless the Entrepreneur already provided the Consumer with this information before the performance of the contract;e. the requirements for cancelling the contract before its due date. the information on guarantees and existing service after purchase;d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days; this does not apply to products from the custom collection as these are specially ordered and printed for the consumer.

    After cancellation, the consumer has another 14 days to return the product.

    This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
  2. During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.In case of delivery of services:
  3. In case of delivery of services, the consumer has the possibility to cancel the agreement without giving reasons during at least fourteen days, starting from the day of entering into the agreement. After cancellation the consumer has another 14 days to return the product.
  4. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can preclude the consumer from having a right of withdrawal as far as stipulated in subsections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: a. that have been realised by the Entrepreneur in accordance with the Consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control; f. for single newspapers and magazines; g. for audio- and video recordings and computer software of which the Consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:a. relating to accommodation, transport, restaurant business or leisure activities to be provided on a certain date or during a certain period;b. the delivery of which has commenced with the consumer's express consent before the period for reflection has expired;c. relating to betting and lotteries.

Article 9 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of legal regulations or provisions; or b. the consumer is authorized to terminate the agreement on the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Compliance and Warranty

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the contract.
  3. Mygainz guarantees the quality of the articles it delivers for 3 months after delivery under the following conditions, with the exception of wear and tear of use, such as leather, fastenings, ornaments, etc.
  • The dimensions mentioned on the website are only intended as an indication. No rights can be derived from them.

Warranty claims can only be made within 7 days after discovery of the defect by writing, e-mail or phone to Mygainz with a short description of the defect. You will receive instructions from us about how to return the product. Never send the product back without first consulting us. If desired, Mygainz can ask the buyer to send the product to us for inspection of the nature and cause of the defect. This should always be done with sufficient postage. The shipping costs will only be reimbursed by Mygainz if the defect is under warranty. Please note that we are not liable for defects during transport. If desired, you can send the products with increased liability so that all damages can be recovered from the carrier. If the conditions are met, Mygainz will repair or replace the article or reimburse the purchase price or a part of it (at Mygainz' discretion), without you having to pay the costs. The guarantee does not include additional costs, such as the costs of necessary provisions taken in the context of the repair or replacement.

The warranty does not apply if you have made changes to the article; there are defects caused by incorrect or improper use, such as not following the instructions for use; the defect is caused by intent or gross negligence; Mygainz has not been given (timely) opportunity to investigate the complaint and possibly repair the defect.

Article 11- Liability

  1. The liability of Mygainz regarding the sale and delivery of articles is explicitly limited to the guarantee regulated in Article 10.
  2. For all other matters, Mygainz' liability is limited to the amount of the purchase as stated on the invoice.

Article 12 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address which the consumer has made known to the company.
  3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than within 10 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 5 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 13 - Continuing transactions: duration, termination and renewal

Termination

  1. The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
  2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
  3. The consumer can terminate the contracts referred to in the previous paragraphs:
    - at any time and not limited to termination at a specific time or in a specific period;
    - at least terminate them in the same way as they were entered into by him;
    - always terminate them with the same period of notice as the entrepreneur has stipulated for himself.Extension
  4. A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
  6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
  7. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.Duration
  8. If a contract has a duration of more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 14 - Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within one day after the start of the reflection period, as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  4. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 15: Applicable law and choice of forum

1. By filling in the order form on our sites you accept these general conditions and furthermore accept that these will be part of the purchase agreement between you and Dog with a mission.

2. Mygainz has the right to change these general terms and conditions and the content of the site.

3. The purchase agreement between you and Mygainz is governed by Dutch law.

Article 15: Logos, logos:

1. The Mygainz trademarks and/or logos appearing on this site are registered trademarks for the Benelux and/or for the whole world and are protected by trademark law.

2. Any use of the Mygainz trademarks or logos, without the prior and written consent of the trademark holder, constitutes a trademark infringement for which the infringer is liable and which, in some cases, may be punished under criminal law.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. As from 15 February 2016, it is also possible for consumers in the EU to file complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.

Article 17 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Privacy statement

Mygainz finds it important that the information you provide is treated carefully and confidentially. Mygainz will not pass on your personal details to other parties, with the exception of third parties who are involved in the execution of your order. When placing an order, we need your name and delivery address to be able to execute the order. Your data will be used internally to inform you about for example changes in the assortment, offers and other relevant information about Mygainz. If you do not want this, you can let us know by sending an e-mail to info@mygainz.nl.

Article 19 - Distance Selling Act

Since 1 February 2001, the Act on Distance Selling has been in force. Entrepreneurs who sell products or services via the Internet have to deal with this new and often unknown law. Consumers have a stronger legal position when it comes to buying via the Internet, for example, due to the Act on Distant Selling. For example, consumers may return purchased products within 7 days and ask for their money back. However, this does not apply to perishable goods, newspapers, magazines, goods whose nature means that they cannot be exchanged and computer software (of which the seal is broken), among others. Companies must inform consumers about the product and the price. The method of payment and delivery must also be known.

What is a distance contract? A distance contract as defined by law is a purchase whereby the consumer and the seller have not seen each other during the purchase. A distance contract is, for example, when one orders something over the internet or from a mail order company. The consumer cannot see the product before purchase and, if it concerns a service, it is difficult to ascertain the nature of the service. The supplier or service provider may be located in a different place of residence from the consumer, or in another country.

The Act on the Protection of Consumers in respect of Distance Contracts (legislative proposal 26 861) is the implementation of European Directive 97/7/EC. All European Union countries must transpose this directive into national legislation. With the introduction of the directive, the European Union wants to stimulate the development of the European market. The law includes obligations for the supplier to provide the consumer with sufficient information in a timely manner in case of distance contracts. The consumer has a reflection period and the right to terminate the agreement within this period. The law offers consumers better protection against demands for payment for goods that have not been ordered and greater protection against aggressive selling techniques. The law also contains a provision against fraudulent use of the consumer's payment card.

Article 20 - Additional or different provisions

Additional provisions or provisions that deviate 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 long-term data carrier.

Article 24 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge