Article 1. Definitions
1.1 In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
a. Casual Minds: the User of these General Terms and Conditions: a company incorporated under the laws of the Netherlands, registered under company number 74081225, having its registered address at Schootense loop 4H, 5708 HX Helmond, the Netherlands;
b. Agreement: the agreement concluded through the Website;
c. Customer: the natural person acting for purposes other than the exercise of his professional or business activities and that concludes an Agreement with Casual Minds through the Website;
d. Product: the product offered by Casual Minds through the Website;
e. Website: the Website www.casual-minds.com.
Article 2. General
2.1 The General Terms and Conditions contained herein apply to all Agreements between Casual Minds and Customer concluded through the Website.
2.2 Any deviations to these General Terms and Conditions are valid only if agreed in writing or by e-mail.
2.3 In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the Agreement. Deviations agreed shall never apply to more than one Agreement.
2.4 In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by Casual Minds, considering the purport and intention of the original provision(s) to the extent as possible.
Article 3. Offer
3.1 Offers are free of engagement.
3.2 The offer of Casual Minds on its Website is valid if stocks last.
3.3 Offers do not automatically apply to future Agreements.
3.4 Apparent errors or mistakes in the offer on the Website are not binding on Casual Minds.
3.5 The Product range offered on the Website is subject to change.
Article 4. Account
4.1 Customer can create an account through the Website. For that purpose, Customer needs to complete and send in the online registration form. After the account registration has been successfully concluded, Casual Minds will immediately send Customer a confirmation of registration by email.
4.2 Customer undertakes to provide his correct name, address and other information requested during registration. Casual Minds is not responsible for errors as a result of incorrect information provided.
4.3 The account is personal and non-transferrable.
4.4 Customer is always responsible for his account on the Website and his log in information. Customer shall carefully keep his log in information to himself and shall in no case disclose said log in information to any third parties.
4.5 Creating multiple accounts is prohibited.
Article 5. Website
5.1 Casual Minds does not guarantee that the Website will perform without any interruptions or errors or that all errors will be corrected.
5.2 Casual Minds has the right to modify the Website at any point in time
Article 6. Conditions for use
6.1 When using the Website Customer shall act in such a way as may be expected from a responsible internet user exercising due care.
6.2 Customer is prohibited from circumventing or crack the security applications of the Website.
6.3 Customer is prohibited from using the Website in such a way that it affects the proper performance of computer systems of Casual Minds or any third parties or that other users of the Website are interfered with respectively restricted as a result of that.
Article 7. Prices and shipping
7.1 Any prices stated on the Website are expressed inclusive of vat (“btw”), exclusive of shipping and exclusive of any import duties.
7.2 Shipping costs are clearly stated to Customer before Customer can confirm the order.
7.3 Casual Minds has the right to modify its prices from time to time.
Article 8. Conclusion of Agreement
8.1 The Agreement is concluded after Customer has completed the entire order process through the Website and has clicked the button “Order subject to payment obligation”.
8.2 The Agreement shall not be concluded through the Website until after Customer has clicked the button confirming that he has approved of these General Terms and Conditions.
8.3 After the Agreement has been concluded through the Website, Casual Minds will immediately send Customer a confirmation by email. This confirmation email will contain the order number and other information of Customer’s order. In case Customer has not received a confirmation email from Casual Minds, Customer needs to contact Casual Minds’s customer service.
Article 9. Payment
9.1 Customer is offered the following payment options:
b. Credit card (Mastercard and VISA)
c. prior to delivery: by banktransfer of the invoice amount to the IBAN account of Casual Minds.
Article 10. Delivery and term of delivery
10.1 The Product will be sent to the address provided by Customer.
10.2 The term of delivery provided cannot be considered a final deadline.
10.3 In case Casual Minds is not able to deliver the Product within thirty (30) days of conclusion of the Agreement, Casual Minds shall inform Customer of this by e-mail and Customer will have the right to cancel the Agreement free of charge, unless a longer term of delivery has been expressly agreed with Customer. In case Customer cancels the Agreement, Casual Minds will repay any amounts already paid within fourteen (14) days after cancellation.
10.4 The risk in the Product passes to the Customer at the time at which Customer has received the Product.
10.5 Customer himself is liable for any import duties, customs formalities and taxes in connection with the Product.
Article 11. Right of Withdrawal
11.1 Customer has the right to cancel the Agreement without stating reasons during fourteen (14) days. This term commences at the time at which Customer has received the entire order from Casual Minds. Customer will be informed of this right of withdrawal either by e-mail prior to delivery, or in writing on delivery of the Products ordered.
11.2 In case Customer wishes to invoke his right of withdrawal, Customer must expressly notify Casual Minds of this within fourteen (14) days after receipt of the entire order. Customer will be provided the “withdrawal model form” which Customer can use in case he wishes to cancel the Agreement.
11.3 After Customer has invoked his right of withdrawal, Customer is required to return the Product to Casual Minds within fourteen (14) days, subject to the condition that it is not used, not damaged and not modified, and – if reasonably possible – in its original packing. Customer is allowed however, to fit the Product being clothing or to try on the Product being an accessory.
11.4 Customer may also return the Product to Casual Minds within the withdrawal term as described in article 11.1 without first notifying Casual Minds that Customer invokes his right of withdrawal. In that case Customer is required to enclose in the return shipment the “withdrawal model form” or a similar unequivocal statement to the effect that Customer invokes his right of withdrawal.
11.5 Customer is obliged to affix enough postage to the parcel to be returned by Customer.
11.6 If the Products returned are damaged, incomplete or if they have been used, the amount which Casual Minds will repay to Customer in accordance with article 11.9 will be reduced by the amount of this damage.
11.7 In case Customer cancels the Agreement in accordance with this article the shipping costs for the return shipment of the Product will be borne by Casual Minds.
11.8 The risk in the return shipment lies with Customer.
11.9 In case of cancellation as described in this article Casual Minds will refund any amounts already paid (purchase price + shipment for delivery and return shipment of the Product) within fourteen (14) days after Customer has invoked his right of withdrawal.
11.10 Customer will be sent a document, named “Information with respect to the exercise of right of withdrawal” in which the procedures concerning the right of withdrawal are explained to Customer.
Article 12. Return address
12.1 Products must be returned to the following address: Casual Minds Schootense loop 4H, 5708 HX Helmond, the Netherlands.
Article 13. Conformity
13.1 Casual Minds guarantees that the Products comply with the Agreement, the specifications stated in the offer, as well as the reasonable demands concerning quality and or usability and the legal provisions and or government regulations existing at the time of conclusion of the Agreement.
13.2 In case the Product supplied does not comply with the Agreement, Customer must contact Casual Minds’s customer service within two (2) months after Customer has discovered the defect.
13.3 In case Casual Minds has supplied a defective Product, Casual Minds will credit and repay the invoice amount of the Product to Customer or, in case Customer wishes, a new Product will be sent to Customer.
13.4 For the purpose of inspection whether the Product is defective, Casual Minds may demand from Customer that Customer returns the Product to Casual Minds, costs to be borne by Casual Minds.
Article 14. Liability
14.1 Information and services mentioned on the Website may contain technical mistakes and or typographical errors. Casual Minds is not liable for such errors and or mistakes.
14.2 The operation of the Website may be interrupted by for instance a malfunction or maintenance. Casual Minds is not liable for damage in case of temporary unavailability of the Website.
14.3 Casual Minds can never guarantee that the information on the Website is correct. Casual Minds will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. Casual Minds is not liable for this distorted information.
14.4 Casual Minds is not liable for damage of whatever kind caused by Casual Minds acting upon incorrect and or incomplete information provided by Customer.
14.5 Casual Minds can in no way be made liable for the loss of a username and password used by Customer. For that reason, Casual Minds cannot be made liable in case any unauthorized third parties use Customer’s log in codes.
14.6 The colours shown by Customer’s screen may differ from the actual Product colours. Casual Minds is not liable for any minor colour differences.
14.7 Casual Minds is not liable for any accidents involving or caused by the Product or damage caused to the Product as a result of for instance incorrect use, use not in accordance with the instructions for use or as a result of incorrect assembly or installation of the Product by Customer or any third parties engaged by Customer.
14.8 Casual Minds is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
14.9 Casual Minds does not accept any liability towards Customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
14.10 In case Casual Minds is liable for any for any damage, the liability of Casual Minds is limited to the amount of the payment made by the insurer of Casual Minds. In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of Casual Minds is limited to the invoice amount or that part of the Agreement to which this liability applies.
14.11 The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of Casual Minds or its subordinates.
Article 15. Force Majeure
15.1 Casual Minds is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures and any other situation beyond the (decisive) control of Casual Minds.
15.2 In case Casual Minds knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, Casual Minds will inform Customer of that as soon as possible by e-mail. In such a case article 10.3 applies.
Article 16. Customer service and complaints
16.1 For questions about the order or submitting any complaints Customer can contact Casual Minds’s customer service. Casual Minds’s customer service is available in the following ways: through email: address email@example.com.
16.2 After every question and or complaint submitted by e-mail, which cannot be responded to immediately, a confirmation of receipt will be sent to Customer, containing the term within which Customer may expect a reply.
16.3 Complaints are settled by Casual Minds in any case within thirty (30) days.
Article 17. Privacy
17.1 Casual Minds processes personal information in accordance with the Dutch Data Protection Act.
Article 18. Applicable law and competent court
18.1 Any rights, obligations, offers and Agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
18.2 Any disputes between Customer and Casual Minds shall be submitted to the jurisdiction of
the competent court of law in Roermond, the Netherlands. This court shall have exclusive
jurisdiction over any such disputes, and Customer and Casual Minds hereby submit to the
jurisdiction of such court.
18.3 After Casual Minds has informed Customer in writing that it wishes to invoke this condition, Customer has the opportunity during one (1) month to opt for settlement of the dispute by the court that is competent by virtue of the law.