Terms and conditions

Article 1 – Definitions:

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
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;
Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products, digital content and/or services, whereby up to and including the moment the agreement is concluded, exclusive use is made of one or more techniques for communication.
Cooling-off period: the period during which the consumer can exercise his right of withdrawal.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Day: calendar day.
Durable medium: any instrument, including email, that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Article 2 – Company details

Entrepreneur name: Mindrush VOF

Business address:

Kraaijenberg 9153
6601 PM Wijchen
The Netherlands
No visiting address

Phone number: +31657443544
Only available on weekdays from 9 to 5.
Email address: support@mindrush.nl
Chamber of Commerce number: 98109812
VAT identification number: NL868361872B01

Article 3 – Applicability

These general terms and conditions apply to every offer, quotation and agreement from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The offer

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer.

If an offer has a limited period of validity or if certain conditions apply, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

All images, specifications, and data in this offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:

All prices on the website include VAT, excluding shipping and any payment costs;
any costs of delivery;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
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 implement appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
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;
the information about warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6.1 – Right of withdrawal

When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product by means of the conditions of return. The consumer must notify the seller by email. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 1, 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is a fact.

All purchases are subject to a 14-day return period. This period means the customer has the right to return the items in their original packaging within 14 days without any obligation on their part. Returned items must not be used or damaged.

Article 6.2 – Costs in case of revocation

If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before concluding the purchase agreement.

6.3 Exclusion of the right of withdrawal:

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 1 and 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
that are clearly personal in nature;
which have been created by the entrepreneur in accordance with the consumer's specifications;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 7 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 8 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
"Extended warranty" means any undertaking by the entrepreneur, its supplier, importer, or manufacturer that grants the consumer rights or claims that go beyond what the consumer is legally obligated to in the event of non-compliance with the agreement.
The consumer agrees that delivery will take place at the address specified in the order.
The consumer also expressly agrees that no signature is required upon delivery and acknowledges that the shipment may be delivered without proof of receipt, unless otherwise agreed in writing. The risk of loss or damage passes to the consumer when the carrier confirms delivery to the specified address.
All products you purchase from us are covered by our statutory warranty. This means that a product must be in good condition and function properly under normal use. If you receive a product that isn't, we will provide you with a suitable solution as quickly as possible. Depending on the product, we will do this through replacement, repair, or refund.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The products (2nd hand) have been resold by another party and were not ordered directly via MindRush or a partner;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 9 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The delivery address is the address the consumer provided to the company. The consumer is responsible for providing a correct delivery address. If the consumer provides an incorrect address in their order, the company cannot be held responsible. Any costs resulting from this will be borne by the consumer.
Subject to the provisions of Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. 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 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
If the consumer is not present at the time of delivery, they agree to the shipment being delivered to a designated collection point of the carrier (such as a post office or DHL ServicePoint). The consumer is responsible for collecting the shipment on time from the designated location. Delivery to a collection point is considered delivery to the specified address.

Article 10 – Duration transactions: duration, termination and extension

Cancellation

The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel them in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.
An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news, weekly and magazine newspapers (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 11 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 12 – Complaints procedure

The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 14 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer must first contact the entrepreneur.

Article 13 – Legality

Mindrush is based in the Netherlands and will comply with Dutch law. In some countries or states, it is prohibited to import, stock, or possess certain products. If you wish to order certain products, please check your local (customs) regulations and laws. Mindrush accepts no liability for violations of local (customs) regulations and laws. We ship our products with the understanding that they will not be used by third parties in a way that violates the law. Mindrush does not intend to encourage anyone to violate the law. We want to ensure that anyone who purchases our products is responsible for their own actions in the future. Mindrush accepts no liability in this regard.

Mindrush cannot be held liable for damages resulting from improper or illegal use of purchased products. Mindrush also cannot be held responsible if the ordered products are confiscated by customs due to violation of the regulations or laws of your country or state. In such cases, you cannot request a refund.

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad. The Vienna Sales Convention does not apply.

Article 15 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 – Agreement with General Terms and Conditions

By using this website and ordering from Mindrush, you agree to the following terms and conditions:

By using this website and placing an order with Mindrush, you certify that you are at least 18 years of age. This website, and all its content, is intended exclusively for consenting adults.

By placing an order with Mindrush, you assume all responsibility for the legality and legality of the products shipped to you. All products on our website are legal in the Netherlands. However, we cannot and will not make any representations regarding the legal status of a product in another country, as it is impossible for us to keep up with the ever-changing laws in every country. We have no information or ability to make any representations regarding the legal status of a product in your country. The list of countries for which shipping is restricted is shown on each product page and should be considered non-exhaustive; no claims can be made based on this information. You accept the responsibility to inform yourself about your local laws, import regulations, and customs before ordering and hereby declare that importation into the country of the products ordered is legal. We also strongly discourage the illegal use of our products. We strongly recommend that you consult a lawyer if you have any doubts.

Mindrush makes no claims that the information and products on this website are suitable or legal outside the Netherlands. All information provided by Mindrush, through this website, links to or from other websites, or by its employees via telephone, email, or other communication, is purely for educational and informational purposes. This should never be construed as a recommendation to take a specific action. Use of the information for illegal activities is at your own risk. Mindrush does not guarantee that the information on this website is up-to-date or accurate.

The Website may not be accessed, viewed or otherwise received in any country or location where doing so is or may be considered a violation of any law or customs regulation.