Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Mixshop.
The terms “we”, “us” and “our” refer to Mixshop. Mixshop operates this online store and website, including the related information, content, features, tools, products and services provided to you (collectively, the “Services”).
Mixshop is powered by Shopify, which provides the e-commerce infrastructure that enables us to offer the Services.
These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and any other policies referenced herein, describe the conditions that apply when you access our website or purchase products from Mixshop.
Please read these Terms carefully before using our Services or placing an order.
Nothing in these Terms excludes or limits any statutory rights or remedies that consumers have under mandatory Dutch or European Union consumer law.
By using our Services or placing an order, you agree to these Terms and acknowledge our Privacy Policy.
SECTION 1 — ACCESS AND CUSTOMER ACCOUNTS
You may browse our online store without creating an account unless an account is required for a particular feature.
When placing an order or creating an account, you must provide accurate, current and complete information, including where applicable your name, email address, billing information, payment information and delivery address.
You are responsible for maintaining the confidentiality and security of your account credentials and for activities performed through your account.
You may not misuse another person’s identity, payment information or account.
Nothing in this section limits the rights of consumers under applicable Dutch or European Union law.
SECTION 2 — PRODUCTS AND FOOD INFORMATION
We make reasonable efforts to ensure that product descriptions, images, prices, quantities and other information displayed in our online store are accurate and up to date.
However, product packaging, design, colour or appearance may occasionally differ from images displayed on our website, for example when a manufacturer changes its packaging.
For food products, customers should always read the information provided on the product packaging before consumption.
Where applicable, product information may include ingredients, allergens, net quantity, storage instructions, preparation instructions, country of origin and best-before or use-by information.
We make reasonable efforts to provide required food and allergen information before purchase.
If you have a food allergy or intolerance and are uncertain about a product, please contact us before placing your order.
Information on our website is not intended to replace medical advice.
We reserve the right to change or discontinue products and to limit quantities where reasonably necessary, including due to stock availability.
Nothing in this section affects your statutory rights where a product does not conform to the contract or mandatory food information requirements have not been met.
SECTION 3 — ORDERS
By placing an order, you make an offer to purchase the products in your cart.
After you submit an order, you will receive an electronic confirmation. The purchase agreement is concluded when we accept your order in accordance with the checkout and order-confirmation process.
We reserve the right to refuse or cancel an order where there is a legitimate reason to do so, for example:
- the product is unavailable;
- payment cannot be processed;
- the information provided appears incorrect or fraudulent;
- there is an obvious pricing or product-information error; or
- fulfilling the order would violate applicable law.
If we cancel an order after payment has been received, the relevant amount will be refunded.
Please review your order carefully before submitting it.
You may request cancellation before an order has been fulfilled. Once an order has been fulfilled or dispatched, our Return & Refund Policy and applicable statutory withdrawal rights will apply.
Returns, refunds and exchanges are governed by our Return & Refund Policy and applicable law.
SECTION 4 — PRICES, VAT AND PAYMENT
Prices displayed to consumers in our online store are shown in euros (€) and include applicable VAT (BTW), unless clearly stated otherwise.
Any applicable delivery charges or other additional charges will be clearly disclosed before you submit your order.
The total amount payable will be displayed during checkout before you confirm the purchase.
We may change prices at any time, but changes will not affect orders that have already been accepted, except where permitted by law.
Promotional offers, discounts and discount codes may be subject to separate conditions.
Payment must be made using one of the payment methods made available during checkout.
You must provide accurate and complete billing and payment information and be authorised to use the selected payment method.
SECTION 5 — SHIPPING AND DELIVERY
Available delivery methods, applicable shipping charges and estimated delivery information will be shown during checkout or described in our Shipping Policy.
We aim to dispatch and deliver orders within the stated timeframes.
Delivery dates and times may be estimates unless a specific delivery time has expressly been agreed.
If delivery is delayed, your statutory rights under Dutch and European Union consumer law remain unaffected.
Where Mixshop arranges the carrier, the risk of loss or damage to the products remains with Mixshop until the products are received by you or by a third party designated by you, subject to exceptions provided by applicable law.
If you independently choose a carrier that was not offered by Mixshop, different statutory rules regarding risk may apply.
If your parcel is lost or arrives damaged, please contact us as soon as reasonably possible so that we can investigate and provide an appropriate solution.
Further information is available in our Shipping Policy.
SECTION 6 — RETURNS, WITHDRAWAL AND REFUNDS
Consumers purchasing online generally have a statutory right to withdraw from eligible purchases within 14 days after delivery without giving a reason.
Certain statutory exceptions apply.
In particular, the right of withdrawal may not apply to products that are liable to deteriorate or expire rapidly.
For sealed goods that are not suitable for return for reasons of health protection or hygiene, the statutory right of withdrawal may cease after the seal has been broken where the legal requirements for this exception are satisfied.
For food-safety and hygiene reasons, opened or used food products may therefore not be eligible for return where a statutory exception applies.
These exceptions do not affect your statutory rights where products are defective, damaged, spoiled, incorrectly supplied or otherwise do not conform to the purchase agreement.
For eligible returns made because you have changed your mind, you are responsible for the direct return shipping costs where we informed you of this before purchase.
Where a return is required because Mixshop supplied an incorrect, damaged, defective or non-conforming product, Mixshop will bear the reasonable return costs in accordance with applicable law.
Detailed information about withdrawal, returns, damaged or incorrect products and refunds is provided in our Return & Refund Policy.
Nothing in this section limits your statutory consumer rights.
SECTION 7 — INTELLECTUAL PROPERTY
Unless otherwise stated, the content of the Services, including our original text, graphics, logos, website design and other materials, is owned by or licensed to Mixshop and is protected by applicable intellectual property laws.
Third-party trademarks, product names, packaging, photographs and other materials remain the property of their respective owners.
You may use our website for personal and lawful purposes.
You may not reproduce, distribute, commercially exploit or otherwise use content owned by Mixshop without our prior permission, except where permitted by applicable law.
Shopify’s name, trademarks, logos and related intellectual property belong to Shopify or its licensors.
SECTION 8 — OPTIONAL TOOLS
We may provide access to tools or services supplied by third parties.
Third-party tools may be subject to their own terms and privacy policies.
Where permitted by applicable law, Mixshop is not responsible for the operation of independent third-party services outside our reasonable control.
Nothing in this section excludes liability that cannot legally be excluded or limits your statutory consumer rights.
SECTION 9 — THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services.
We are not responsible for the content, availability or practices of independent third-party websites.
If you choose to use a third-party website or service, you should review its applicable terms and privacy policies.
Nothing in this section limits any responsibility Mixshop has under mandatory law.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Mixshop is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Mixshop.
By using the Services, you acknowledge and agree that Shopify is not the seller of the products purchased from Mixshop.
To the extent permitted by applicable law, Shopify is not responsible for sales between you and Mixshop, including claims relating to products purchased directly from Mixshop.
Nothing in this section limits any rights that cannot lawfully be excluded.
SECTION 11 — PRIVACY AND PERSONAL DATA
Personal information collected through our Services is processed in accordance with our Privacy Policy and applicable data-protection law, including the General Data Protection Regulation (GDPR/AVG).
Because our online store is powered by Shopify, Shopify may process personal information as necessary to provide its services to us and to you.
Other service providers, including payment, delivery, analytics or technical service providers, may process information where necessary to provide their respective services.
Please review our Privacy Policy for information about what personal data we collect, why we process it, with whom it may be shared and your applicable rights.
SECTION 12 — FEEDBACK AND REVIEWS
If you submit a review, suggestion, comment or other feedback to Mixshop, you confirm that you have the right to submit that content.
You must not submit content that is unlawful, misleading, defamatory, discriminatory, threatening, obscene, infringing or otherwise violates the rights of another person.
You remain responsible for the content you submit.
Where legally permitted, you grant Mixshop a non-exclusive, worldwide, royalty-free licence to use, reproduce and display feedback or reviews submitted to us for purposes connected with operating and promoting our business.
We may moderate or remove content where reasonably necessary, including content that violates applicable law or these Terms.
We will not knowingly present fabricated reviews as genuine customer reviews.
SECTION 13 — ERRORS, INACCURACIES AND AVAILABILITY
Despite reasonable efforts, our Services may occasionally contain typographical errors, incorrect product information, pricing errors or stock inaccuracies.
We may correct such errors when discovered.
If an obvious error materially affects an order you have placed, we will contact you where appropriate.
We will not use this provision to remove or restrict statutory rights that you have after a binding purchase agreement has been concluded.
If an order cannot reasonably be fulfilled, we may cancel it where permitted by law and refund amounts already paid.
SECTION 14 — PROHIBITED USES
You may access and use the Services only for lawful purposes.
You must not use the Services:
- for unlawful or fraudulent purposes;
- to violate applicable Dutch, European Union or other applicable laws;
- to infringe intellectual property or other rights;
- to harass, threaten or unlawfully harm another person;
- to transmit deliberately false or misleading information;
- to distribute malware or malicious code;
- to obtain unauthorised access to systems or accounts;
- to collect personal information unlawfully;
- to send unlawful spam or unsolicited communications;
- to impersonate another person or entity; or
- to interfere with the security or proper functioning of the Services.
We may take reasonable measures to protect our Services against misuse, fraud and security threats.
SECTION 15 — AUTOMATED AGENTS
Automated software, bots, agents or similar technologies must not access or interact with our Services in a manner that violates applicable law, circumvents security measures, interferes with the Services or imposes an unreasonable technical burden.
We may implement reasonable technical measures to protect our Services from abusive automated access.
Where automated access is permitted, the relevant system must comply with applicable technical requirements and laws.
Nothing in this section restricts rights granted under mandatory applicable law.
SECTION 16 — TERMINATION OR RESTRICTION OF ACCESS
We may restrict or terminate access to accounts or Services where reasonably necessary, including in cases of fraud, unlawful activity, security threats or material breach of these Terms.
Termination or restriction will not affect rights and obligations arising from orders already concluded, except where applicable law permits otherwise.
Any provisions that by their nature should survive termination will continue to apply.
SECTION 17 — WARRANTIES AND STATUTORY CONFORMITY
Nothing in these Terms excludes or limits any statutory warranty, conformity right or other mandatory consumer protection available under Dutch or European Union law.
Products must conform to the purchase agreement and to applicable legal requirements.
General information on our website is provided with reasonable care. However, we do not guarantee that our website will always be uninterrupted or completely free from technical errors.
To the extent permitted by law, we are not responsible for temporary interruptions or technical problems outside our reasonable control.
This section does not affect your statutory rights relating to products purchased from Mixshop.
SECTION 18 — LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law.
In particular, nothing in these Terms limits statutory consumer rights or any liability that cannot lawfully be excluded.
Subject to mandatory law, Mixshop is not liable for losses caused solely by circumstances outside our reasonable control or by misuse of a product contrary to clear instructions or warnings.
Any limitation of liability in these Terms applies only to the extent permitted under Dutch and European Union law.
SECTION 19 — CUSTOMER RESPONSIBILITIES
You are responsible for providing accurate information necessary for us to process and deliver your order.
You must use and store products in accordance with applicable product instructions and storage requirements.
For food products, you are responsible for reviewing the ingredients and allergen information provided with the product before consumption, particularly where you or another person consuming the product has a known allergy or intolerance.
This provision does not remove Mixshop’s obligations to provide legally required food information and does not limit statutory rights relating to defective, unsafe or incorrectly labelled products.
SECTION 20 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply only to the extent legally permissible or will be severed where necessary.
The remaining provisions will continue to apply.
SECTION 21 — WAIVER AND ENTIRE AGREEMENT
Failure by Mixshop to enforce a provision of these Terms does not constitute a waiver of that provision or of any legal right.
These Terms and the policies referenced in them form part of the agreement governing use of our Services and purchases from our online store.
Nothing in this section limits information, representations or consumer rights that form part of the purchase agreement under mandatory law.
SECTION 22 — ASSIGNMENT
You may not transfer contractual obligations to another person where doing so would materially affect our rights without our consent, except where applicable law provides otherwise.
Mixshop may transfer rights or obligations relating to its business where legally permitted, provided that such transfer does not reduce mandatory rights or legal protections available to consumers.
SECTION 23 — GOVERNING LAW AND DISPUTES
These Terms and agreements between you and Mixshop are governed by the laws of the Netherlands.
If you are a consumer residing in another country within the European Union or European Economic Area, you retain the protection of mandatory consumer-law provisions applicable to you under applicable law.
Nothing in these Terms deprives consumers of rights concerning competent courts or dispute resolution that they have under mandatory applicable law.
We encourage customers to contact us first if they have a complaint so that we can attempt to resolve the matter directly.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time, for example because of changes to our Services, business operations or applicable law.
The current version will be published on our website.
Where required by law, we will provide appropriate notice of material changes.
Changes to these Terms will not retroactively remove statutory or contractual rights relating to purchases already concluded.
SECTION 25 — CONTACT AND BUSINESS INFORMATION
If you have questions about these Terms, an order, a complaint or your consumer rights, please contact us.
Trading name: Mixshop
Legal business name: Mixshop
Email: info@mix-shop.nl
telephone:0658917016
Registered/business address: Zeilweg 2E, 8243 PK Lelystad ,Netherlands
Chamber of Commerce (KvK) number: 99698332
VAT/BTW identification number: 8690.59.348.B.01
Additional information about returns, shipping and privacy is available in our Return & Refund Policy, Shipping Policy and Privacy Policy.