Terms
Article 1 - General
1.1. These are the General Terms and Conditions of MOSAIK B.V, established and having its registered office at Almere (1327AA), at the Veluwezoom 7C 1.38 and registered with the Chamber of Commerce under number: 83041516, hereinafter referred to as: 'MOSAIK'.1.2. Throughout the Website and these General Terms and Conditions, the terms "we", "us", "MOSAIK" and "our" refer to MOSAIK B.V. and this Website. Please read these General Terms and Conditions carefully before accessing or using our Website. Any new features or tools which are added to the Website shall also be subject to the General Terms & Conditions.1.3. You can review the most current version of the General Terms and Conditions at any time on this page. We reserve the right to change these General Terms and Conditions from time to time. We are not obliged to inform you of the changes as long as the Agreement has not been concluded. If the Agreement has already been concluded, the version of the General Terms and Conditions that was declared applicable at the time the Agreement was concluded shall apply.
Article 2 - Definitions
In the General Terms and Conditions, the following definitions shall have the following meanings:
2.1. Agreement(s): the agreement(s) underlying the purchase of the Products and concluded between MOSAIK and the Customer;2.2. Annex(es): the annex(es) to the General Terms and Conditions;2.3. Business Customer means a legal entity, or a natural person acting for purposes relating to a trade, business or profession, who physically or at distance enters into an Agreement with MOSAIK;2.4. Consumer: being a natural person, who is not acting for purposes related to a trade, business or profession and who, either physically or at distance, enters into an Agreement with MOSAIK;2.5. Customer: the Consumer and/or Business Customer who physically or at distance enters into an Agreement with MOSAIK;2.6. Force majeure: all circumstances, foreseen or unforeseen, over which MOSAIK has no influence and as a result of which MOSAIK is (temporarily) unable to perform its obligations;2.7. General Terms and Conditions: the present general terms and conditions of MOSAIK.2.8. Intellectual Property Rights: all intellectual property rights including goodwill with respect to the activities, the services and the Products of MOSAIK, including but not limited to domain names, copyrights, neighbouring rights, trade names, trademarks, patents, design rights, marketing materials, presentations, trade secrets, databases, know-how, and all (other) rights to o.a. documents, (software) products, the Website, works, intangible assets and all applications, extensions, expansions of the foregoing that already belongs to MOSAIK and/or have arisen during the execution of the Agreement.2.9. Model form: the European model form attached in Appendix 1 to these General Terms and Conditions, which the Consumer should fill in if the Consumer wishes to and is entitled to make use of its Right of Withdrawal;2.10. Offer: The Products that MOSAIK offers to the Customer and the user of the Website;2.11. Parties: MOSAIK and the Customer jointly or, if applicable, MOSAIK and the user of the Website jointly;2.12. Price: the price of a Product;2.13. Product(s): all Products offered by MOSAIK to the Customer and the user of the Website that MOSAIK can deliver to the Customer.2.14. Right of Withdrawal: the option of the Consumer, who enters into Agreement at distance, to dissolve the Agreement within fourteen days after its conclusion;2.15. Store: publicly accessible space in which the Products physically are sold;2.16. Voucher: the voucher, valid for a period of twelve months, which represents the value of a certain amount and with which the Customer can purchase a Product;2.17. Website: all websites and webshops, including www.mosaikskin.myshopify.com and social media channels of MOSAIK;
Article 3 - Applicability
In the General Terms and Conditions, the following definitions shall have the following meanings:
3.1. These General Terms and Conditions apply to:3.1.1. any (future) Offer and (future) Agreement between MOSAIK and the Customer and the execution thereof;3.1.2. all employees, former employees and others who in any way work for, or are connected with or employed by MOSAIK and their successors;3.1.3. all users of the Website;3.1.4. to all assignments where third parties are called upon for the execution thereof.3.2. The General Terms and Conditions will be provided in writing, including electronically, by MOSAIK to the Customer prior to the conclusion of the Agreement and can also be viewed on the Website.3.3. The applicability of any general terms and conditions other than the General Terms and Conditions is expressly rejected. Any deviations from these General Terms and Conditions must be agreed by the Parties in writing.
Article 4 - Minors
4.1. This Website is for business and commercial purposes. Therefore, the Website is not intended for children or minors under the age of 18 without the consent of a parent or guardian. You must also be at least 18 years old to purchase any Product or Service from MOSAIK.
Article 5 - Offer
5.1. Any Offer made by MOSAIK is without obligation, regardless of the manner in which it is made, and is valid for the specified period of time.5.2. The Offer will be made in writing, including electronically, by MOSAIK to the Customer or the user of the Website. MOSAIK endeavours to provide the following information and data in the Offer:5.2.1. an accurate and complete description of the Products;5.2.2. the expected time of delivery of the Products;5.2.3. a clear picture of the Product, whereby MOSAIK makes an effort to display the colours and pictures of the Products as accurately as possible. MOSAIK cannot guarantee that the colour reproduction on the Customer's computer monitor or the user of the Website will be accurate and is not responsible for the consequences thereof;5.2.4. the Price of the Product;5.2.5. the business address of MOSAIK;5.2.6. information regarding where or how the Customer or the user of the Website can lodge a complaint;5.2.7. such information that it is clear to the Customer and the user of the Website what rights and obligations are attached to accepting the Offer.5.3. If the Offer contains an obvious mistake or error, MOSAIK is not bound by it. 5.4. Some Products may only be offered online and available through the Website. These Products may be available in limited quantities.5.5. We reserve the right, but have no obligation, to restrict the sale of our Products to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Products we offer.5.6. All descriptions of the Offer and the Products are subject to change at any time without notice at MOSAIK's sole discretion. We reserve the right to discontinue the offering of any Product at any time.
Article 6 - Conclusion of the Agreement
6.1. The Agreement is concluded by the notification of acceptance of the Offer by the Customer to MOSAIK.6.2. If the Customer has accepted the Offer electronically, MOSAIK will also confirm the Offer electronically. MOSAIK will take proper technical and organizational measures to secure the electronic transmission of data and a secure digital environment for the Website and electronic payment.6.3. If MOSAIK wishes to engage third parties for the execution of the Agreement, MOSAIK is entitled to do so.6.4. Changes to the Agreement must be agreed in writing. Spoken commitments of MOSAIK are only binding when explicitly confirmed by MOSAIK in writing.
Article 7 - Cancellation
7.1. MOSAIK reserves the right to refuse an order or cancel the purchase of a Product for any reason whatsoever. MOSAIK is for instance entitled to do so if:7.1.1. the Product is not available and/or in stock;7.1.2. MOSAIK has reason to believe that you are purchasing Products for resale and you are a reseller and not a Consumer);7.1.3. the invoice information you have provided is not correct or cannot be verified;7.1.4. the payment is not confirmed/approved by our automated payment confirmation service;7.1.5. the displayed Price of the Product was incorrect;7.1.6. the Products could not be delivered to the address given.