Terms of service
General Terms and Conditions
Table of contents:
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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
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;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
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;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
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;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 - Identity of the entrepreneur
MiniGamers BV
Krispijnseweg 66G, 3314KL Dordrecht
E-mail address: customerservice@MiniGamers.nl
Chamber of Commerce number: 94182671
VAT number: NL866668093B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance agreement 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 agreement 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 request of the consumer.
If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they on by the consumer on A simple way can be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable for him in the event of conflicting conditions .
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
The entrepreneur can inform himself within the legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible interlocutory. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will notify the following information, in writing or in such a way that it can be stored in an accessible manner at a sustainable data carrier at the latest when the product, service or digital content to the consumer is delivered to the consumer at the latest:
the visiting address of the entrepreneur's location where the consumer can go with complaints;
the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the price including all taxes of the product, service or digital content; Insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
the requirements for cancellation of the agreement if the agreement has a duration of more than one year or an indefinite duration;
If the consumer has a right of withdrawal, the model form for withdrawal.
In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
With products:
The consumer can dissolve an agreement with regard to the purchase of a product during a cooling -off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, 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, received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
For 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.
For services and digital content that was not supplied on a material carrier:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content that was not delivered to a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
The reflection period referred to in paragraph 3 starts on the day that follows the conclusion of the agreement.
Extended cooling -off period for products, services and digital content that is not delivered to a material carrier when not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer for the legally required information about the right of withdrawal or the model form for withdrawal, the cooling -off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, the cooling -off time set.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original cooling -off period, the cooling -off period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling -off period
During the cooling -off period, the consumer will handle the product and the packaging carefully. It will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only use and inspect the product as he could do in a store.
The consumer is only liable for value reduction of the product that is the result of a way of dealing with the product that goes further than permitted in paragraph 1.
The consumer is not liable for value reduction of the product if the entrepreneur has not provided it for or at the conclusion of the agreement all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer uses his right of withdrawal, he reports this to the entrepreneur within the cooling -off period by means of the model form or in a other unambiguous way.
As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer will return the product, or hands this to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling -off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in 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 entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
If, after first, the consumer revokes explicitly that the operation of the service or the delivery of gas, water or electricity that is not prepared for sale in a limited volume or that quantity starts during the cooling -off period, the consumer is the entrepreneur a amount that is proportional to that part of the commitment that the entrepreneur has met at the time of withdrawal compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the delivery of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to deliver district heating, if:
the entrepreneur has not provided the consumer the legally required information about the right of withdrawal, the expense allowance in the event of withdrawal or the model form for withdrawal, or;
The consumer has not explicitly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling -off period.
The consumer has no costs for the full or partial delivery of digital content supplied on a material carrier, if:
he did not explicitly agree to start the compliance with the agreement before the end of the cooling -off period prior to its delivery;
He has not acknowledged to lose his right of withdrawal when granting his permission; or
The entrepreneur has failed to confirm this statement from the consumer.
If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur makes the consumer's notification possible electronically, he will send a confirmation of receipt immediately after receipt of this report.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the cancellation. Unless the entrepreneur offers to collect the product himself, he can wait to repay until he has received the product or until the consumer shows that he has returned the product, depending on what time falls earlier.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees with another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time before the conclusion of the agreement, has stated:
Products or services that the price is bound by fluctuations on the financial market on which the entrepreneur has no influence and that can occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and where the Successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
The implementation has started with the explicit prior approval of the consumer; and
The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the agreement;
Package trips as referred to in Article 7: 500 of the Dutch Civil Code and agreements of passenger transport;
Service agreements for the provision of accommodation, if a certain date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;
Agreements with regard to leisure activities, if a certain date or period of implementation is provided in the agreement;
Products manufactured according to consumer specifications that are not prefabricated and that are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for being returned to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price has been agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market on which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to this;
The delivery of digital content other than on a material carrier, but only if:
The implementation has started with the explicit prior approval of the consumer; and
The consumer has stated that he loses his right to withdrawal.
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.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
Price increases within 3 months of 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 authority to cancel the agreement from the day on which the price increase starts.
The prices mentioned in the range of products or services include VAT.
ARTICLE 12 - Compliance with the agreement and extra 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 government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what they are legally required in the event that he has failed to fulfill his part of the agreement .
Article 13 - Delivery and implementation
The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify 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 the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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 and announced to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: Duration, cancellation and extension
Cancellation:
The consumer can at all times cancel an agreement that has been entered into an indefinite period of time and that intends to regularly deliver products (including electricity) or services with due observance of agreed cancellation rules and a notice period of at most 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 meet his payment obligation (s) in time, it is, after he has been informed by the entrepreneur the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the Nobility within this 14-day period, on the amount still due, the statutory interest due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined within a reasonable time after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.
Article 17 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 18 - Additional or different provisions
Additional or deviating 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 they can be stored in an accessible manner on a sustainable data carrier.