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

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.

Article 8 - Right of Withdrawal

8.1. If the Agreement has been concluded at distance, the statutory cooling-off period of fourteen (14) days applies to the Consumer, during which the Consumer may make use of his/her Right of Withdrawal. The Consumer may then dissolve the Agreement without giving reasons.

8.2. The Right of Withdrawal is excluded with the purchase of certain Products. After the purchase of those certain products, the Consumer can therefore not invoke the Right of Withdrawal. This concerns the following Products:

8.2.1. Products manufactured on the basis of the Consumer's instructions (personalised products);
8.2.2. Products that spoil quickly;
8.2.3. Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery. The cooling-off period expires as soon as the seal is broken. This is the case, for example, with skincare products, products containing hazardous substances, flammable liquids or gases, whose packaging has been opened after delivery of the Product;
8.2.4. Products which, after delivery, are irrevocably mixed with other products due to their nature;
8.2.5. Products whose Price depends on fluctuations in the financial market over which MOSAIK has no influence and which may occur within the withdrawal period.

8.3. The cooling-off period for the Consumer's Right of Withdrawal commences, if applicable, at the moment the Consumer receives the Product. If a delivery consists of more than one Product, the cooling-off period commences on the day the last Product in the delivery is received by the Consumer. 

8.4. If the Consumer wishes to exercise his Right of Withdrawal and is entitled to do so, the Consumer shall return the Product as soon as possible, but not later than fourteen (14) days after the moment the Consumer invokes his Right of Withdrawal and reports this to MOSAIK by means of the Model Form, as attached in Annex 1.

8.5. During the cooling-off period of the Right of Withdrawal, the Consumer shall handle the Product and its packaging with care. The Consumer shall return the Product if possible in its original condition and packaging. The Consumer shall only unpack and use the Product to the extent necessary to determine the characteristics and functioning of the Product, failing which the Consumer shall be liable for any diminished value of the Product. MOSAIK may deduct the depreciation from the Price that MOSAIK will refund to the Consumer. Please note that if the Consumer removes the packaging of a Product, it may be that the Product can no longer be returned for exchange, see in this regard article 8.2.3. 

8.6. The risk and burden of proof for exercising the Right of Withdrawal shall lie with the Consumer.

8.7. If MOSAIK offers the Consumer the opportunity to invoke the Right of Withdrawal electronically, MOSAIK will acknowledge the Consumer's Right of Withdrawal electronically.

8.8. MOSAIK shall reimburse the amount equal to the Price of the Product within fourteen (14) days from the day the Consumer has invoked his Right of Withdrawal to the Consumer by using an identical payment method as the one used by the Consumer to purchase the Product, provided that the Product is received by MOSAIK within that time period. If MOSAIK has not received the Product within the term of fourteen (14) days after the day the Consumer has invoked his Right of Withdrawal, MOSAIK may postpone the refund of the Price until the Product has been returned to MOSAIK.  

8.9. The shipping costs for returning the Product shall be borne by the Consumer.

8.10. The Business Customer has no Right of Withdrawal, but can return the Product based on the return policy as set out in the General Terms and Conditions.

Article 9 - Product Price

9.1. The Price depends on the Product. 

9.2. The Price of the Products is exclusive of VAT for the Business Customer and inclusive of VAT for Consumers.

9.3. MOSAIK is entitled to unilaterally adjust the Price of the Products as long as the Customer has not accepted the Offer.

Article 10 - Payment

10.1. The Customer shall pay the Price after the conclusion of the Agreement according to the payment procedure and payment method determined by MOSAIK. If payment is made by invoice, the Customer shall pay the Price to MOSAIK within fourteen days of receiving the Product. The ownership of the Product only passes to the Customer after full payment of the Price to MOSAIK.

10.2. If the Price is not paid on time, the Customer is legally in default without any further notice of default being required. The Customer shall then be liable for default interest in the amount of 1% of the principal sum due per agreed period.

10.3. If the Customer does not timely comply with its payment obligations, the collection costs will be at the expense of the Customer. Before collection costs are charged, MOSAIK will send the Customer a demand for payment, giving MOSAIK fourteen days to settle the debt.
If the Customer is also a Consumer, collection costs will be charged in accordance with the "Besluit Vergoeding voor Buitengerechtelijke Incassokosten". The rates from the aforementioned regulation are:
Minimum rate
15% over the first € 40.00
10% over the next € 2,500.00
5% over the next € 5,000.00
0.5% over the remainder of the principal sum with a maximum of € 6,775.
If the Customer is also a Business Customer, in deviation from the above, a claim is made for the actual extrajudicial (collection) costs incurred, or at least an amount in accordance with Rapport Voorwerk II.

Article 11 - Obligations MOSAIK

11.1. MOSAIK makes every effort to ensure that the Product complies with the Agreement and the product information and specifications provided by MOSAIK to the Customer in the Offer. 

11.2. MOSAIK makes every effort to exercise due care in the execution of the Agreement and the delivery of the Products.

11.3. MOSAIK declares to be familiar with the legal prescriptions and government regulations relevant for the delivery of the Products, insofar as they are applicable on the day of entering into the Agreement. MOSAIK will make every effort to comply with these regulations.

11.4. MOSAIK will deliver the Products as soon as possible, but not later than 30 days, failing which the Customer is entitled to terminate the Areement, with the exception of Force Majeure. MOSAIK is not liable for any damage suffered by the Customer as a result of the late delivery of the Product.

Article 12 - Delivery Product

12.1. MOSAIK delivers the Products both in the Netherlands and worldwide.

12.2. MOSAIK endeavours to act with care when delivering the Products and to provide the following information to the Customer:

12.2.1. the data of MOSAIK and, if applicable, its business address;
12.2.2. information on how MOSAIK deals with complaints and how the Customer can file a complaint;
12.2.3. information about the payment options and the Price;
12.2.4. information about the expected time of delivery of the Product and, if MOSAIK cannot deliver the Product within the estimated time, additional information about a new estimated delivery time;
12.2.5. information on shipping and return costs if applicable;
12.2.6. information about the services offered by MOSAIK and its returns policy;
12.2.7. information on the conditions for invoking the Consumer's Right of Withdrawal; 

12.3. The service and all Products delivered to the Customer through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

12.4. If a Product is defective at the time of delivery and therefore does not comply with the Agreement, the Business Customer shall notify MOSAIK of the defect within seven days of receiving the Product, failing which the Business Customer shall lose its right to demand repair or replacement of the Product. If the Business Customer notifies MOSAIK of the defective Product within seven days after receiving it, MOSAIK will assess the complaint and, if MOSAIK finds the complaint justified, MOSAIK will replace or repair the Product as soon as possible, but at the latest within 30 days after having become aware of the defective Product.

12.5. If a Product is defective at the time of delivery and therefore does not comply with the Agreement, the Consumer must notify MOSAIK of the defect as soon as possible. MOSAIK will assess the complaint and investigate whether the Product has been used normally. The burden of proof in this respect lies with MOSAIK within a period of six months after delivery of the Product. If the Consumer, after a period of six months after delivery of the Product, informs MOSAIK that the Product does not comply with what the Consumer was entitled to expect, then the burden of proof of the defect in the Product lies with the Consumer. If MOSAIK considers the complaint well-founded, MOSAIK will replace or repair the Product as soon as possible, but within 30 days after having become aware of the defect.

Article 13 - Returns

13.1. Products may only be returned in the manner described in these General Terms and Conditions.

13.2. The Customer may return the Product within fourteen days after delivery of the Product or within fourteen days after purchase of the Product in the Store, all subject to the provisions of this article.

13.3. With the purchase of certain Products, returns are excluded and the Customer cannot return the Product. This concerns the following Products:

13.3.1. products manufactured on the basis of the Customer's instructions (personalised products);
13.3.2. products that spoil quickly;
13.3.3. products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery. The cooling-off period expires as soon as the seal is broken. This is the case, for example, with skincare products, products containing hazardous substances, flammable liquids or gases, and whose packaging has been opened;
13.3.4. products which, after delivery, are irrevocably mixed with other products due to their nature;
13.3.5. products whose Price depends on fluctuations in the financial market over which MOSAIK has no influence and which may occur within the withdrawal period;
13.3.6. a voucher or gift card.

13.4. The Customer shall handle the Product and its packaging with care. The Customer shall return the Product if possible in its original condition and packaging. Please note that if the Customer removes the packaging of a Product, it may be that the Product can no longer be returned for exchange, see in this regard article 13.3.3.The Customer shall only unpack and use the Product to the extent necessary to determine the core characteristics and functioning of the Product, failing which the Customer shall be liable for any reduction in value of the Product. MOSAIK is in that case entitled to deduct the depreciation of the Product from the value of the Price.

13.5. MOSAIK shall pay the amount equal to the Price of the Product to the Consumer  who entered into the Agreement at a distance, within fourteen days from the day this Consumer has indicated to return the Product, using an identical payment method as with which this Consumer has purchased the Product, provided that the Product is received by MOSAIK within that term. If MOSAIK has not received the Product within the term of fourteen (14) days after the day that the Consumer who entered into the Agreement at a distance has indicated to return the Product, MOSAIK may postpone the refund of the Price until the moment that MOSAIK has received the Product back.

13.6. The Consumer who purchased the Product in the Store may only return the Product (if the Product is suitable for return) within fourteen days of purchasing the Product in the Store. MOSAIK will issue the amount equal to the Price of the Product in the form of a Voucher to the Consumer who purchased the Product in the Store. It is not possible for the Consumer who has purchased a Product in the Store to receive the Price in the form of money back.

13.7. MOSAIK will issue the amount equal to the Price of the Product within fourteen days after the day that the Business Consumer has indicated its wishes to return the Product, in the form of a Voucher to the Business Customer, provided that the Product is received by MOSAIK within that term. If MOSAIK does not receive the Product within the term of fourteen days after the day that the Business Customer has indicated it wishes to return the Product, MOSAIK may postpone the issuing of the Voucher until MOSAIK has received the Product back.  

13.8. The shipping costs for returning the Product shall be borne by the Customer.

Article 14 - Intellectual property rights

14.1. All intellectual property rights belong exclusively to MOSAIK.

14.2. The Customer shall not infringe any Intellectual Property Rights.

Article 15 - Termination

15.1. The Parties may terminate the Agreement only in the manner provided for in the General Terms and Conditions.

15.2. If in the opinion of MOSAIK the Customer or the user of the Website fails to comply with any term or provision of the Agreement or the General Terms and Conditions, MOSAIK may terminate the Agreement, without prior notice and may deny access to MOSAIK’s services (or any part thereof) accordingly. In addition, MOSAIK is entitled to claim any amounts still due from the Customer.

15.3. The obligations and liabilities of the Customer and/or user of the Website that arose prior to the termination date of the Agreement and/or the General Terms and Conditions shall survive the termination of the Agreement for the relevant purposes.

Article 16 - Force majeure

16.1. MOSAIK shall not be liable for any damage resulting from a delay in delivery or non-delivery due to any natural disaster, act of God, embargo or other governmental measure, regulation or request, fire, accident, power failure, strike, slowdown or other labour dispute, war, riot, act of terrorism, delay in transportation, failure of common carriers, inability to provide necessary labour, materials or production facilities or, without limiting the foregoing, any other delays beyond the control of MOSAIK. In the event of such delay, the delivery date will be extended by an approximate period equal to the time lost as a result of the delay. The Customer's exclusive remedy for any other delays and for MOSAIK's inability to deliver for any other reason is to cancel your order of such Products by written notice to MOSAIK to that effect.

Article 17 - Discount offers

17.1. Discounts do not apply to orders placed before or after the discount period.

17.2. Discount cannot be used in combination with other discount offers.

17.3. MOSAIK reserves the right to terminate any discount offer at any time.

17.4. MOSAIK reserves the right to extend any discount offer at its own discretion.

Article 18 - Liability

18.1. MOSAIK is not liable for any damage suffered by the Customer or the user of the Website as a result of any shortcoming, wrongful act or otherwise, unless such damage is the direct and exclusive consequence of demonstrable intent, gross negligence or deliberate recklessness on the part of MOSAIK. Insofar as MOSAIK is liable to pay any damages on the basis of an attributable failure in the provision of services, such damages shall be limited to the invoice amount applicable to the Products delivered by MOSAIK to the Customer.

18.2. MOSAIK is not liable for damages resulting from consequential damage, indirect damage, lost profit or missed savings.

18.3. Insofar as MOSAIK would be obliged to pay any damages on the basis of an attributable failure with respect to the Products delivered, such damages shall be limited to the amount of the Price of the Product. In any case, MOSAIK shall never be liable for a higher amount than that paid out under its liability insurance.

18.4. MOSAIK is not responsible if information made available in the Offer and on the Website is not fully accurate or current. The material on this Website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current (medical) information sources. The Website may contain certain historical information. Historical information is necessarily not current and is provided for reference only. MOSAIK reserves the right to change the content of the Website at any time, but MOSAIK is not obliged to update the information on the Website. The Customer and the User of the Website agree that it is their responsibility to check for changes on the Website.

18.5. Certain content, Products and Services available through the Site may include material from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. MOSAIK is not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not assume any liability or responsibility for any third party material or websites, or for any other material, products or services of third parties. MOSAIK is not liable for any damages or harm in connection with the purchase or use of goods, services, resources, content, or other transactions made in connection with third party websites. MOSAIK reminds the Customer and the User of the Webiste to carefully review the policies and practices of the third party before entering into any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party in question.

Article 19 - Indemnification

19.1. The Customer and/or the User of the Website shall indemnify MOSAIK, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees against any claims and demands from third parties (including lawyers fees), who suffer damages in connection with the execution of the Agreement, these General Terms and Conditions, or the documents referred to herein and of which the cause is not attributable to MOSAIK.

Article 20 - Complaints procedure

20.1. MOSAIK will inform the Customer about the complaints procedure. 

20.2. If the Customer wishes to lodge a complaint, the Customer must lodge a written complaint within a reasonable period of time after the complaint has been observed, by e-mail to the following e-mail address customercare@mosaikskin.com. A MOSAIK complaints officer will look into the complaint and deal with it in principle within four weeks. If a longer period is needed, the Customer will be informed in writing. The complaints officer will inform the Customer in writing of the assessment of the merits of the complaint, whether or not accompanied by recommendations. If the complaint has been dealt with satisfactorily, the Customer and the complaints officer sign the judgement on the merits of the complaint.

20.3. The complaints officer, MOSAIK and the Customer will maintain confidentiality about the complaint and the outcome of the complaint handling process.   

Article 21 - Privacy

21.1. MOSAIK will handle personal data with care and will only use the personal data obtained for the necessary purpose for which the personal data was obtained on a legal basis as mentioned in Article 4 of the AVG. 

21.2. All information on privacy and the processing of personal data is set out in the privacy statement, which can be found via the following link: Privacy policy. All information on the use of personal data and the placing of cookies by the Website can be found via the following link: Cookie statement 

Article 22 - Prohibited uses

22.1. In addition to other prohibitions as set forth in the General Terms and Conditions, the Customer and the user of the Website are prohibited from using the Website or its content: 

22.1.1. for any unlawful purpose;
22.1.2. to solicit others to perform or participate in any unlawful acts;
22.1.3. to violate any international and national laws;
22.1.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
22.1.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
22.1.6. to submit false or misleading information;
22.1.7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others;
22.1.8. to spam, phish, pharm, pretext, spider, crawl, or scrape;
22.1.9. for any obscene or immoral purpose; or
22.1.10. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Article 23 - CONTACT INFORMATION

23.1. Questions about the General Terms and Conditions should be sent to us at inquiries@mosaikskin.com.

Article 24 - Final provisions

24.1. The Parties hereby declare that all provisions of these General Terms and Conditions are to be considered as essential provisions, without which the Parties would not have concluded the Agreement.

24.2. If at any time one of the Parties does not call upon the other Party to comply with one or more provisions of these General Terms and Conditions or does not exercise one of the rights under this Agreement, this does not mean that it waives the applicability thereof. Nor does it indicate that the other Party is permitted not to comply with one or more provisions of these General Terms and Conditions.

24.3. The nullity of one of the provisions of these General Terms and Conditions will not affect the legal force of the other provisions. If any provision of these General Terms and Conditions should be void or null, the Parties will consult with each other to replace it with a valid provision that approaches the original intentions of the Parties as closely as possible.

24.4. Headings and numbering of articles are for ease of reference only and shall not affect the interpretation of the articles concerned.

24.5. Parties respect each other's reputation and will refrain from actions that could harm the reputation of the other Party, which includes not making any negative/critical statements about the other Party.

24.6. Each provision of the Agreement is severable and distinct from the others. If a provision is or becomes illegal, invalid or unenforceable to any extent, it must be severed from the remainder of the Agreement. This does not affect the legality, validity or enforceability of any other provisions of the Agreement, which continue in full force and effect. The illegal, invalid or unenforceable provision must be replaced by a legal, valid and enforceable substitute provision which corresponds as closely as possible with the actual intent of the parties under the illegal, invalid or unenforceable provision.

Article 25 - Applicability and competent court

25.1. Dutch law is exclusively applicable to the Agreement as well as to all disputes related to or arising from this Agreement.

25.2. Any disputes arising between MOSAIK and the Business Customer arising out of or in connection with the Agreement or any agreements resulting therefrom shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam.

25.3. Any disputes arising between MOSAIK and the Consumer arising out of or in connection with the Agreement or any agreements resulting therefrom shall be submitted to the exclusive jurisdiction of the competent court of the defendant's domicile.

Annex 1: Model withdrawal form

(Please only complete this form and return the Product if you are a Consumer who has entered into the Agreement at a distance) and wish to withdraw from the Agreement.)

• To:  MOSAIK B.V. (Chamber of Commerce under number: 83041516)
  Veluwezoom 7C 1.38
  1327AA Almere 
• I/We* hereby give notice that I/We* have decided to terminate our agreement on
  the sale of the following products: [product designation]*.
  the supply of the following digital content: [designation of digital content]*
  the provision of the following service: [service description]*,
  revoked/revoked*.

• Ordered on*/received on* [date of order for services or date of receipt for Products].

• [Name of consumer(s)]

• [Consumer address(es)]

• [Signature of consumer(s)] (only if this form is notified on paper)

• [Date]

Delete or fill in what is not applicable.