General terms and conditions

Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Day: calendar day;
3. Duration 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;
4. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
5. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
6. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
7. Entrepreneur: the natural or legal person who offers producers and/or services remotely to consumers;
8. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;
9. Model withdrawal form: the European model withdrawal form included in Appendix 1 of these conditions. The model form can also be found separately on the entrepreneur's website.
   Remote communication
10. technology: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

Mango Impact B.V.

Ruysdaelhof 2 (www.ruysdaelhof.nl)

5642 JM Eindhoven

Email address: info@driedmango.co.uk

Chamber of Commerce number: 83311106

VAT identification number: NL862824278B01

IBAN:  NL53 RABO 0198 1969 70

BIC: RABONL2U

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. Deviations from the general terms and conditions are only valid if expressly agreed in writing with the entrepreneur.
5. The applicability of purchasing or other conditions of the consumer is expressly rejected, unless expressly agreed otherwise in writing.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer places an order on the website and accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Article 6 – Execution of the agreement

The entrepreneur will make every effort to execute the agreement to the best of his knowledge and ability, in accordance with the requirements of good workmanship, and as much as possible in accordance with the written agreements.
The entrepreneur has the right to have certain work carried out by third parties.
When engaging third parties, the entrepreneur will exercise due care and consult with the consumer when selecting them, as much as this is reasonably possible and customary in the relationship with the consumer.
The consumer ensures that all information that the entrepreneur indicates is necessary or of which the consumer should reasonably understand that they are necessary for the execution of the agreement, is provided to the entrepreneur in a timely manner. If the information required for the execution of the agreement has not been provided to the entrepreneur in a timely manner, the entrepreneur has the right to suspend the execution of the Agreement and/or charge additional costs resulting from the delay to the Consumer in accordance with the then customary rates. to bring.
If a term has been agreed or specified for the performance of services/work, this is never a strict deadline. If a term is exceeded, the consumer must give the entrepreneur written notice of default. The entrepreneur must be offered a reasonable period to still implement the Agreement.

Article 7 – Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product, the entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, issue a refuse orders for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

Article 8 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store. The product packaging must remain closed.
The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.

Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he must report this to the entrepreneur by email within the cooling-off period.
The consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or cancellation. The entrepreneur sets the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
The prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 12 – Compliance with agreement and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period 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.

5.The warranty does not apply if:

The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 13 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can terminate the agreements referred to in the previous paragraphs:

– cancel at any time and not be limited to cancellation at a certain time or in a certain period;

– at least cancel in the same manner as they were entered into by him;

– always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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

Article 15 – Payment

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.00 and 5% on the next € 5,000.00 with a minimum of € 40.00. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 – Liability

If the customer provides an incorrect address to the entrepreneur, as a result of which delivery is not made or is delivered incorrectly, the entrepreneur cannot be held liable for this.
The delivery period as stated on www.gedriedemango.nl can only be approximated. Although every effort will be made to meet the delivery term, the entrepreneur is never liable for the consequences of exceeding the term stated there. Exceeding the term does not give the customer the right to cancel the (ordered) products, or to refuse receipt or payment of products, nor does the entrepreneur owe any compensation to the customer.
The entrepreneur is not liable for errors or omissions of third parties engaged by it. By using the services of the entrepreneur, the customer grants the entrepreneur the authority, if a third party engaged by the entrepreneur wishes to limit his liability, to accept that limitation of liability also on behalf of the customer.
The entrepreneur ensures that all products are properly packed before they are shipped. Once the product(s) has/have been shipped, ownership is transferred to the customer and the entrepreneur is no longer liable for any damage to the products.
Products may be handmade, which may mean that they are unique. This means that the products may be different or contain imperfections regarding color and shape. The colors of products on the website may differ from reality.
The entrepreneur is not liable for indirect damage, including but not limited to consequential damage.
The entrepreneur does its best to provide information on the website as carefully as possible, but is not liable if incorrect information is provided.
The entrepreneur is not liable for failure to fulfill the obligations arising from the agreement or to fail to do so on time, if this is caused by force majeure as referred to in Article 17.

Article 17 – Force majeure

Force majeure means all external causes, beyond the control or fault of the entrepreneur, as a result of which timely, complete or correct fulfillment of the agreement is no longer possible.
Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of personnel of the entrepreneur himself or a third party, strikes or serious disruptions in the entrepreneur's systems.
In the event of force majeure, performance of the agreement will be suspended as long as the force majeure continues.
If the force majeure lasts longer than one month, both parties are entitled to terminate the agreement without judicial intervention. In such a case, the entrepreneur will refund any amounts paid, minus all costs that the entrepreneur has incurred in relation to the agreement.

Article 18 – Confidentiality of data

Each party guarantees that all information received from the other party that it knows or should know is of a confidential nature will remain secret. The party that receives confidential data will use it poorly for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the parties. The entrepreneur cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a legal regulation or for the correct execution of the agreement.

Article 19 – Intellectual property

The entrepreneur reserves the rights and powers that accrue to him under the Copyright Act.
Photos of atmospheric images and/or products taken by the entrepreneur and placed on the website may not be used without the entrepreneur's permission.
The Customer guarantees that no rights of third parties oppose making data available to the entrepreneur. The Customer will indemnify the entrepreneur against any action based on the claim that such making available, use, editing, installation or incorporation infringes any right of third parties.

Article 20 – Gift vouchers

The terms and conditions apply to all gift vouchers issued by the entrepreneur (both electronic and printed gift vouchers, hereinafter collectively "Gift vouchers") that are sold and/or given by the entrepreneur or designated third parties.
Each gift voucher has a unique code. This can be a number code and/or text code, or a combination of these. Each gift voucher is only redeemed once. The consumer must keep the gift voucher including code carefully. No reimbursement will be made in the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of emails. Only original gift vouchers and codes can be used and must be provided to the entrepreneur upon request.
To use a gift voucher, the consumer must place the selected products in the shopping cart. In the shopping cart, the consumer enters the exact code of the gift voucher in the 'Discount code' window.
The nature, value, duration, expiry date and/or any applicable other specific terms of use can be found on the gift voucher. The entrepreneur's gift vouchers have no expiration date, which means they are legally valid for 5 years after the date of issue. After this expiry date, the gift voucher can no longer be used.
Gift vouchers issued by the entrepreneur and/or third parties designated by the entrepreneur can only be exchanged for purchases via www.gedriedemango.nl
Gift vouchers cannot be used for outstanding orders.
A gift voucher must be paid for in one go in one order.
Gift vouchers cannot be exchanged for money.
If the total amount of the order is higher than the value of the gift voucher used, the difference must be paid with one of the payment methods used in the webshop.
It is not permitted to make changes to the amount, code or issue date, as this will invalidate the gift voucher. Any (attempted) fraud or other unauthorized action will be registered and will result in the gift voucher being denied use.
It is not permitted to use gift vouchers in any way for commercial purposes and/or purposes other than those for which they were issued.
The gift voucher terms and conditions may be changed from time to time

Article 21 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time (within 7 days) after the consumer has discovered the defects (via: info@driedmango.co.uk).
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 22 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 23 – Additional or deviating provisions

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.