General terms & conditions The Mystical Garden

first edition - september 2022

Article 1 - Identity of the entrepreneur

The Mystical Garden

Registered with the Netherlands Chamber of Commerce under number 82918627

Email address: info@themysticalgarden.nl

VAT number: NL003749802B95

Article 2 - Applicability

2.1 These general conditions apply to any offer from the The Mystical Garden and any agreement reached at a distance and orders between The Mystical Garden and the customer.

2.2 Before the remote agreement is concluded, the text of these general conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at The Mystical Garden premises and that they will be sent to the customer free of charge as soon as possible, at the customer's request.

2.3 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the customer in electronic form in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the customer free of charge, at his request, either electronically or in another way.

2.4 In case specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly and the customer can always rely on the applicable provision that is most favorable to him in case of conflicting general conditions.


Article 3 - The offer

3.1 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

3.2 The offer is non-binding. The Mystical Garden is entitled to change and adjust the offer.

3.3 The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. 

3.4 The Mystical Garden does its best to ensure that the images of the items reflect the reality as accurately as possible. Nevertheless, the images only serve as an indication and aren’t binding on The Musical Garden. The Mystical Garden cannot guarantee that the colors displayed correspond exactly to the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind The Mystical Garden. 

3.5 All prices quoted by The Mystical Garden are in euros and include 21% VAT. The Mystical Garden is entitled to adjust its prices. The adjustments apply from the moment they are published on the website and do not apply to items already ordered. 

3.6 All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

3.7 Each offer contains such information that it is clear to the customer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the possible costs of shipment;
• the manner in which the agreement will be concluded and which actions are necessary for that purpose;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the amount of the price for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic price for the means of communication used;
• the manner in which the customer, before concluding the contract, can check the data provided by him as part of the contract and, if desired, rectify them;
• any languages other than Dutch in which the contract can be concluded;
• the codes of conduct to which The Mystical Garden is subject and the way in which the customer can consult these codes of conduct electronically; 
• and the minimum duration of the distance contract in case of an extended transaction.

Article 4 - The agreement

4.1 The agreement is concluded, subject to the provisions of article 3, when the customer accepts the offer and fulfils the terms and conditions stated in the offer.

4.2 If the customer has accepted the offer electronically, The Mystical Garden will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by The Mystical Garden, the customer can withdraw from the agreement.

4.3 The Mystical Garden may - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the agreement. If, on the basis of this investigation, The Mystical Garden has good grounds not to enter into the agreement, The Mystical Garden is entitled to refuse an order or application or to attach special conditions to the implementation. The Mystical Garden will advise the other party of this within 14 (fourteen) workdays after the receipt of the order, while giving reasons.

4.4 Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 5 -  Retention of title

5.1 Ownership of the delivered items passes to the customer after the due amount is paid. The risk of the products passes at the time of delivery to you.

Article 6 - Right of withdrawal

6.1 When purchasing products, the customer has the option of dissolving the agreement without giving reasons for 14 (fourteen) workdays. This cooling-off period starts the day after the customer receives the product.

6.2 If you are unsatisfied with your purchased product please message info@themysticalgarden.nl within 14 (fourteen) workdays and we will find you the right solution. So before you return a product, please send us an email first.

6.3 If the customer exercises his right of withdrawal, he will return the product to The Mystical Garden with all delivered accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by The Mystical Garden. As soon as the customer has removed the product from its packaging, the customer's right of withdrawal expires. 

6.4 When the customer wishes to make use of his right of withdrawal, he is obliged to make this known to The Mystical Garden within 14 (fourteen) workdays after receiving the product. The customer must make this known by e-mailing The Mystical Garden. 

6.5 After the customer has made known to use his right of withdrawal, the customer must return the product within 14 (fourteen) workdays. 

6.6 The customer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.

6.7 If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to The Mystical Garden after the expiry of the periods mentioned in paragraphs 1, 2, 4 and 5, the purchase is a fact.

6.8 There is no right of withdrawal if the products have been custom-made for customers, or are not suitable to be returned for reasons of hygiene and the seal has been broken.

Article 7 - Costs in case of withdrawal

7.1 If the customer makes use of his right of withdrawal, he will be responsible for all costs of return shipment.

7.2 If the product is damaged during the return process it will be at your own expense, unless it can be proven that the product was delivered to the courier company undamaged.

7.3 If you want to return an item and get a refund, you need to inform The Mystical Garden by email within 14 (fourteen) workdays, and proceed with sending it back. Once the item has been received and checked, your money, minus delivery and packaging costs, will be refunded within 30 (thirty) workdays.

Article 8 - The price

8.1 The customer must pay the price stated by The Mystical Garden in its Order Confirmation. Obvious errors in the relevant quotation may be corrected by The Mystical Garden even after the conclusion of the agreement. Unless explicitly stated otherwise, the price stated on offers, quotations, Order Confirmations and invoices consists of the purchase price including the turnover tax (VAT) due.

8.2 The prices quoted on the The Mystical Garden website include VAT.

8.3 Discount codes published by The Mystical Garden can be deactivated at all times and without any reason being given.

8.4 Delivery costs are not included in the price and will be charged separately to the customer by The Mystical Garden. An indication of the amount of the delivery charges is given on the website.

8.5 Any price increases due to government measures, price increases by suppliers, or which are otherwise beyond The Mystical Garden's control, may be charged to the purchaser by The Mystical Garden.

8.6 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, The Mystical Garden is not obliged to deliver the product according to the incorrect price.

Article 9 - Compliance and guarantee

9.1 The Mystical Garden guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. 

9.2 A guarantee provided by The Mystical Garden, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the The Mystical Garden on the basis of the agreement.

9.3 Any defective or wrongly delivered products must be reported to The Mystical Garden in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

9.4 The guarantee does not apply if:

• The customer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of The Mystical Garden and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 10 - Delivery and implementation

10.1 The Mystical Garden will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

10.2 The place of delivery is the address that the customer has made known to The Mystical Garden. 

10.3 Subject to what is stated in paragraph 4 of this article, The Mystical Garden will execute accepted orders with convenient speed but at the latest within 30 (thirty) workdays, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the customer will be informed about this at the latest 30 (thirty) workdays after the order was placed. In that case, the customer has the right to dissolve the agreement without costs. The customer is not entitled to any compensation.

10.4 All delivery periods are indicative. The customer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the customer to compensation.

10.5 In case of dissolution in accordance with paragraph 3 of this article, The Mystical Garden will refund the amount paid by the customer as soon as possible, but at the latest within 30 (thirty) workdays after dissolution.

10.6 In case delivery of an ordered product turns out to be impossible, The Mystical Garden will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by The Mystical Garden.

Article 11 - Payment

11.1 At The Mystical Garden you can pay orders by iDEAL or credit card (Visa, Mastercard, Maestro and American Express).

11.2 The Mystical Garden retains full ownership of all the delivered items until such time as the purchase price and any other amounts due to The Mystical Garden have been paid in full. 

11.3 In case of non-payment by the customer, subject to legal restrictions The Mystical Garden has the right to charge the reasonable costs made known to the customer in advance.

11.4 If a term of payment has been agreed in writing by The Mystical Garden, the mere expiry of that term shall cause the customer to be in default. A dunning procedure will be initiated in the event of non-payment or late payment by the customer. All costs of whatever nature incurred by The Mystical Garden as a result of the customer’s failure to meet his (payment) obligations shall be paid by the customer.

Article 12 - Complaints

12.1 The Mystical Garden has a sufficiently complaints procedure and handles the complaint in accordance with this complaints procedure.

12.2 Complaints about the performance of the agreement must be submitted to The Mystical Garden within 7 (seven) workdays, fully and clearly described, after the customer has identified the defects.

12.3 Complaints submitted to The Mystical Garden will be answered within a period of 14 (fourteen) workdays from the date of receipt. If a complaint requires a foreseeably longer processing time, The Mystical Garden will respond within the 14 (fourteen) workday period with a notice of receipt and an indication of when the customer can expect a more detailed answer.

12.4 A complaint does not suspend the obligations of The Mystical Garden unless The Mystical Garden indicates otherwise in writing.

12.5 If a complaint is found valid by The Mystical Garden, The Mystical Garden will, at its discretion, either replace or repair the delivered products free of charge.

Article 13 - Liability 

13.1 Should The Mystical Garden be liable, this liability shall be limited to what is regulated in this provision.

13.2 The Mystical Garden is not liable for any bodily injury or other injury that is or may be caused to a person, thing or animal by delivered goods.

13.3 Should The Mystical Garden be liable for any damage, The Mystical Garden's liability shall be limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates.

13.4 The Mystical Garden is not liable for the loss of goods when an order is processed and delivered by a third party (third party could for example be PostNL). Insurance for this is possible, additional costs are €1.99 per shipment.

13.5 Should The Mystical Garden be held liable by third parties, the other party is obliged to assist The Mystical Garden both extra-judicially and judicially and to immediately do all that may be expected of him in that case. Should the other party fail to take adequate measures, The Mystical Garden will be entitled, without notice of default, to take such measures itself. All costs and damages incurred on the part of The Mystical Garden and third parties as a result will be for the account and risk of the other party.

Article 14 - Force majeure

14.1 Unfortunately, it may happen that The Mystical Garden cannot fulfil obligations under the agreement due to force majeure. If this is the case, The Mystical Garden will make this known to the customer as soon as possible. The performance of the agreement by The Mystical Garden will in that case be suspended for as long as the force majeure lasts.

14.2 There is force majeure if The Mystical Garden cannot fulfil its obligations after the conclusion of the agreement as a result of a cause or situation beyond the fault or risk of The Mystical Garden. You can think of illness, but also things like fire, natural disasters, water damage, flooding, work strikes by delivery services, government measures, a pandemic or epidemic or, for example, riots. The list from this article are examples to give you an idea, but there may also be other situations that are not mentioned here but are covered by force majeure. 

14.3 If the force majeure situation lasts longer than one month, both parties may dissolve the contract without judicial intervention.  

Article 15 - Disputes

15.1 Contracts between The Mystical Garden and the customer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the customer resides abroad.

Article 16 - Additional or different provisions

16.1 Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the customer and should be recorded in writing or in such a way that the customer can be stored in an accessible way on a durable data carrier.