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Table of contents:

Article 1 - Definitions
Article 2 - Identity of Migo Nederland B.V.
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of profession or business and a distance contract with Migo Nederland B.V.;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services, whose delivery and / or purchase obligation over time is spread;
Durable medium: any means that allows the consumer or Migo Nederland B.V. to store information addressed to him personally in a way that future consultation and unaltered reproduction of the stored information. 
Right of withdrawal: the possibility for the consumer within the reflection period to waive the distance contract;
Model form: the model form for withdrawal that Migo Nederland B.V. makes available to a consumer who can fill in when he wants to use his right of withdrawal.
Migo Nederland B.V.: the legal person that products and / or services at a distance to consumers;
Distance contract: an agreement within the framework of a system organized by Migo Nederland B.V. for distance selling of products and / or services, up to and including the conclusion of the agreement is exclusively used one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and Migo Nederland B.V. simultaneously in the same room have come together, this includes in any case but not exclusively the sale through the website.
General Conditions: the present General Conditions of Migo Nederland B.V.


Article 2 - Identity of Migo Nederland B.V.

Statutory name: Migo Nederland B.V.; acting under the name vapemigo.nl;

Address: Willem Fenengastraat 16, 1096 BN, Amsterdam

Telephone number: 085-2101828 (Available during office hours; Monday to Friday 10:00 - 18:00;

E-mail address: [email protected]

Chamber of Commerce number: 72613556;

VAT identification number: NL859174037B01

IBAN: EN55BUNQ2031989219

Article 3 - Applicability

These general conditions apply to every offer of Migo Nederland B.V. and to every distance contract and orders between Migo Nederland B.V. and consumer.
The text of these general conditions are always available for inspection through the website. If this is not reasonably possible, before the distance contract is concluded, will be indicated that the terms and conditions at Migo Nederland B.V. can be viewed and they at the request of the consumer as soon as possible be sent free of charge.
If the distance contract is concluded electronically, can, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the consumer in the event of conflicting general conditions always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are nullified, then the agreement and these terms and conditions for the rest will remain intact and the provision concerned will be replaced immediately by a provision that approximates the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions and the statutory regulations.

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 general terms and conditions and the legal regulations.

 

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. Migo Nederland B.V. is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Migo Nederland B.V. uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer bind Migo Nederland B.V. not.
All images, specifications data in the offer are indicative and may not give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Migo Nederland B.V. can not guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are necessary for this;
the applicability or otherwise of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which Migo Nederland B.V. the price guarantees;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;

the way the consumer, before concluding the contract, the data provided by him under the contract can check and if desired restore;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which Migo Nederland B.V. 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

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 thereby set.
If the consumer has accepted the offer electronically, confirms Migo Nederland B.V. immediately by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by Migo Nederland B.V., the consumer can terminate the contract.
If the agreement is concluded electronically, Migo Nederland B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, Migo Nederland B.V. will take appropriate security measures.
Migo Nederland B.V. can - within legal frameworks - inform itself 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 Migo Nederland B.V. on the basis of this investigation has good grounds for not entering into the agreement, he is entitled to a reasoned order or application to refuse or to implement special conditions.
Migo Nederland B.V. will with the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send:
the visiting address of the establishment of Migo Nederland B.V. where the consumer with complaints can go;
the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information on guarantees and existing after-sales service;
the in Article 4 paragraph 3 of these conditions included data, unless Migo Nederland B.V. has already provided this data to the consumer before the execution of the agreement;
the requirements for terminating the contract if the contract has a duration of more than one year or of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason to dissolve during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and Migo Netherlands B.V. announced representative.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he uses his right of withdrawal, he will use the product with all accessories and - if reasonably possible - in the original condition and packaging to Migo Nederland B.V. return, in accordance with the reasonable and clear instructions provided by Migo Nederland B.V..
When the consumer wishes to make use of his right of withdrawal he is obliged to do so within 14 days after receipt of the product to Migo Nederland B.V.. The disclosure should the consumer to do through the model form. After the consumer has made known to want to use his right of withdrawal, the customer must return the product within 14 days to send. The consumer must prove that the delivered goods are returned on time, for example, through a proof of shipment.
If the customer after the expiry of the periods mentioned in paragraph 2 and 3 has not made known to want to use his right of withdrawal or the product has not returned to Migo Nederland B.V., the purchase is a fact.

 

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by him at the most.
If the consumer has paid an amount, Migo Nederland B.V. will refund this amount as soon as possible, but no later than 14 days after withdrawal. Here is the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

 

Article 8 - Exclusion of the right of withdrawal

Migo Nederland B.V. can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Migo Nederland B.V. clearly in the offer, at least in time for the conclusion of the agreement, has stated.
Exclusion of the right of withdrawal is only possible for products:
a. by Migo Nederland B.V. are established according to specifications of the consumer;
b. E-Liquids (both in pre-filled Pods and 10ML bottles) are in connection with hygiene not to return (only when the products are not delivered in a correct way or can be returned. For example, if the product shows defects on arrival);

Migo Nederland B.V. reserves the right at all times to repair or replace non-compliant deliveries if compensation is not the only solution.

 

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, Migo Nederland B.V. products or services whose prices are subject to fluctuations in the financial market and where Migo Nederland B.V. has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices, are included in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if Migo Nederland B.V. has stipulated and:
these are the result of statutory regulations or provisions, or
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to pressure and misprints. No liability is accepted for the consequences of printing and typesetting errors. In case of pressure - and typesetting errors is Migo Nederland B.V. not obliged to deliver the product according to the wrong price.

 

Article 10 - Conformity and Warranty

Migo Nederland B.V. guarantees that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usefulness and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed Migo Nederland B.V. also ensures that the product is suitable for other than normal use.
A guarantee provided by Migo Nederland B.V., manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against Migo Nederland B.V. can assert.
Any defects or incorrectly delivered products must be reported within immediately after delivery to Migo Nederland B.V. in writing. Return of the products must be in the original packaging and in new condition.
The warranty period of Migo Nederland B.V. corresponds to the statutory warranty period of three months. Migo Nederland B.V. is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and / or processed or by third parties has had the delivered products repaired and / or processed;
The delivered products to abnormal conditions are exposed or otherwise carelessly treated or conflict with the instructions of Migo Nederland B.V. and / or on the packaging treated;
The inadequacy is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
There is an adjusted warranty period stated for a product. This is only in the event that the supplier of the products applies an adjusted warranty period to us for the products in question.
Batteries and chargers are covered by a 1 month warranty.
E-Liquids (both in pre-filled Pods and 10ML bottles) cannot be returned for hygienic reasons.

 

Article 11 - Delivery and execution

Migo Nederland B.V. will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he placed the order message. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer can not derive any rights from any of these terms. Migo Nederland B.V. will keep the consumer informed of the delivery times. If it appears that Migo Nederland B.V. the delivery time completely can not meet the consumer has the right to terminate the purchase
In case of dissolution in accordance with paragraph 3 of this article, Migo Nederland B.V. the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution, refund.
If delivery of an ordered product turns out to be impossible, Migo Nederland B.V. will make every effort to provide a replacement article. At the latest at the delivery will be clearly and comprehensibly reported that a replacement article is delivered. Under a replacement article is understood a similar article in the same price range and similar functions. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return are borne by Migo Nederland B.V...
The risk of damage and / or loss of products rests with Migo Nederland B.V. until the moment of delivery to the consumer or a pre-designated and Migo Nederland B.V. announced representative, unless explicitly agreed otherwise.


Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
Terminate at all times and not be limited to termination at a specific time or in a specific period;
At least terminate in the same way as they have been entered into by him;
Always terminate with the same notice as Migo Nederland B.V. has stipulated for itself.
Extension

A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term that does not exceed three months if the consumer has the right to terminate this extended contract at the end of the renewal, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month, and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed period.

 

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working 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 starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in the payment details provided or stated to Migo Nederland B.V. immediately to report.
In case of non-payment of the consumer, Migo Nederland B.V. subject to legal restrictions, the right to the consumer in advance reasonable costs to charge, including and not only the statutory interest.

 

Article 14 - Complaints procedure

Migo Nederland B.V. has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted within 14 days in full and clearly described in writing to Migo Nederland B.V., after the consumer has found the defects.
At Migo Nederland B.V. complaints submitted within a period of 14 days counted from the date of receipt answered. If a complaint requires a foreseeable longer processing time, is by Migo Nederland B.V. within the period of 14 days answered with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint can not be resolved in mutual consultation, a dispute arises that is susceptible to dispute resolution.
Complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (), this will mediate free of charge. Should there still not be a solution, the consumer has the opportunity to his complaint by Stichting GeschilOnline to be dealt with, the ruling is binding and both Migo Nederland B.V. and consumer agree to this binding ruling. The submission of a dispute to this arbitration committee are costs associated with the consumer pays the relevant committee.
A complaint does not suspend the obligations of Migo Nederland B.V., unless Migo Nederland B.V. indicates otherwise in writing.
If a complaint is found to be justified by Migo Nederland B.V., Migo Nederland B.V. will at its option or the products supplied free of charge replace or repair.

 

Article 15 - Disputes

Agreements between Migo Nederland B.V. and the consumer to which these general conditions apply, is exclusively governed by Dutch law. Even if the consumer lives abroad.

 

Article 16 - Additional or different provisions

The use of an electric cigarette (in any form whatsoever) is not suitable for persons younger than 18 years, persons with heart and/or blood pressure complaints, pregnant women, women who breastfeed, persons with an allergy to one of the ingredients and asthma patients.
The use of an electric cigarette is at your own risk. Migo Nederland B.V. is never liable for misuse of an electric cigarette or other products other than those listed on the website, or possibly indicated in the user manual.
E-Liquid can be toxic and is not intended to take, drink or somewhat different than by inhalation at evaporation to use. E-Liquid is only intended for use in an electric cigarette, in the prescribed manner.
An atomizer, clearomizer, cartomizer or dripper will 'wear out' by use. After a few weeks of use (depending on user behaviour) certain parts will have to be replaced. Batteries also decrease in capacity when used. Most batteries can be charged about 150 to 200 times, after that the capacity will decrease drastically and it is recommended to replace the batteries. Wearing and/or loss of capacity is not covered by the warranty.