Terms and Conditions

Table of Contents General Terms and Conditions

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Minimum order amount

Article 7 - The price

Article 8 - Delivery and execution

Article 9 - Complaints, Returns and Duty of Withdrawal

Article 10 - Payment

Article 11 - Complaints rule

Article 12 - Liability

Article 13 - Shipping costs

Article 14 - Other provisions

Article 15 - Force majeure

 

Article 1 - Definitions

In these conditions the following definitions apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;

  2. 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;

  3. Day: calendar day;

  4. Duration of 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;

  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.

  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

  7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

  8. Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

  9. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

La Miseto

Karin Mastenbroek

Wijsthoek 451

5403 RD Uden

The Netherlands

Phone number: 0648114114

Email address: hello@lamiseto.com

Chamber of Commerce East Brabant: 17181205

VAT: NL001767247B37

IBAN: NL89 KNAB 0257 4643 36

Visiting address (by appointment only):

't Handelshuys
Udenseweg 2
5405 Pa Uden
The Netherlands

 

Article 3 - Applicability / General

  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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

  3. Accepting an offer and/or placing an order means that the buyer accepts the applicability of these conditions.

 

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 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 and/or services 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

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

  3. 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.

  4. 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.

  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

A. the e-mail address of the entrepreneur to whom the consumer can go with complaints: wholesale@lamiseto.com .

B. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

C. the information about warranties and existing after-sales service;

D. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

 

Article 6 - Minimum order amount

  1. A minimum order amount of €150 applies to all retailers.

 

Article 7 - The price

  1. As long as the agreement has not been concluded, the entrepreneur is entitled to change the prices, offers and other conditions. Buyers cannot derive any rights from prices and offers from the (recent) past;

  2. The prices stated in the offer of products or services are exclusive of VAT and shipping costs;

  3. The shipping costs charged for each order for shipments within the Netherlands are €10.

  4. Obvious mistakes or errors in the offer do not bind the entrepreneur.

 

Article 8 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

  2. The place of delivery is the address that the consumer has provided to the company.

  3. The entrepreneur strives to ship orders within the agreed delivery period. 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 20 days after he has placed the order.

  4. The entrepreneur is not liable for delays caused by postal and parcel deliverers.

  5. The entrepreneur is not liable for any damage resulting from exceeding the announced delivery times.

  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

 

Article 9 - Complaints, Returns and Duty of Withdrawal

  1. Entrepreneur does everything he can to provide you with a good product. We recommend that you inspect the delivered items immediately upon receipt. If the ordered items do not meet your expectations, you must inform us as soon as possible. The entrepreneur will then try to resolve any problems or complaints in consultation with the buyer and in the best possible way.

  2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  3. The buyer has the right to return the items delivered by the entrepreneur within 14 days after the statutory reflection period of 14 days. During the inspection period of 14 days, the buyer must handle the items and packaging with care. The buyer will only unpack or use the product to the extent necessary to assess whether you wish to keep the product.

  4. The costs of return shipping are borne by the buyer.

  5. The items can be returned in the original packaging. Buyer is responsible for payment of related shipping costs.

  6. If the items are unused and undamaged and have been returned on time and correctly, the entrepreneur will pay the price paid, including shipping costs, no later than within 14 days after receipt of the items. Unused and undamaged in this context also include damage from the smell of cigarette smoke. perfume or other clearly present odors.

 

Article 10 - Payment

  1. The customer will receive an invoice from La Miséto for the total amount after the order has been accepted. This invoice must be paid within the payment term of 14 days. If the invoice is not paid within the payment term, La Miséto may terminate or suspend the agreement until the amount of the invoice has been paid. La Miséto will first inform the customer of this.

  2. Invoices are sent digitally and can be sent via

    1. IDEAL

    2. VISA

    3. Mastercard

    4. Maestro

    5. Bancontact

    6. Apple Pay

    7. Klarna - in installments

    8. Klarna - direct

    9. Klarna - afterwards

    10. Via bank transfer

    are met.

 

Article 11 - Complaints procedure

  1. Complaints can be made known to the entrepreneur by the buyer via wholesale @lamiseto.com .

  2. Complaints submitted to the customer will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, La Miséto will respond within 14 days with a notification of receipt and an indication of when the customer can expect a more detailed response;

  3. If a complaint is submitted by the customer, the customer's payment obligation will not be suspended.

 

Article 12 - Liability

  1. Any liability of the entrepreneur and the entrepreneur's products for all damage, of whatever nature, direct or indirect, is excluded. The entrepreneur is also not liable for damage caused by third parties during the execution of the agreement.

  2. The entrepreneur accepts no liability for any damage resulting from the use of the entrepreneur's products.

  3. The liability of the entrepreneur is always limited to a maximum of the purchase price of the item in question.

  4. For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and the entrepreneur, or between the entrepreneur and third parties, insofar as they relate to the relationship between you and entrepreneur, the entrepreneur is not liable, unless there is intent or gross negligence.

 

Article 13 – Shipping costs

  1. Shipping costs within the Netherlands, Belgium and Germany are free for orders over €300. All other countries receive free shipping from an order amount of €450.

  2. Postage costs:

The Netherlands:
€10.00		 Free from €300
Belgium & Germany:
€12.95		 Free from €300
Czech Republic, Hungary, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, United Kingdom:
 €22.50 €10 from €500
Rest of Europe:
€30.00 - €65.00		 -
Rest of the world:
€129.00		 -

All packages are insured up to a value of €500.

 

Article 14 – Other provisions

  1. A VAT rate of 21% applies to the products (in the Netherlands);

  2. Products are not provided with a barcode or price;

  3. The customer is free to use product photos from the webshop or social media accounts of La Miséto;

  4. La Miséto reserves the right to change or supplement these general terms and conditions. Changes will be communicated to the customer in a timely manner by La Miséto;

  5. Agreements and other legal relationships between La Miséto and the customer are exclusively governed by Dutch law. Disputes will be submitted to the competent court in the district of North Brabant.

 

Article 15 - Force majeure

In the event of force majeure, the entrepreneur's obligations will be suspended. In such cases, the contract between you and the entrepreneur can be terminated in whole or in part by yourself or the entrepreneur. A force majeure event is in the event of war, civil war, revolution, riots, government measures, strike, lockdown, blockade, failure of electricity, telephone or Internet service, natural disasters or similar events. Under such circumstances, the entrepreneur will try to resolve all problems in a timely manner.

 

These general terms and conditions were last amended on May 6, 2024.