Terms of service

Article 1: General

  1. These terms and conditions apply to every offer, quotation and agreement between Mizori Shisha, hereinafter referred to as “Mizori Shisha”, and a Counterparty (Wederpartij) to whom Mizori Shisha has declared these terms applicable, in so far as the parties have not expressly departed from these terms in writing.
  2. These same terms also govern agreements with Mizori Shisha for the performance of which Mizori Shisha needs to call in third parties.
  3. The applicability of any purchasing conditions or other terms used by the Counterparty is expressly rejected.
  4. Should one or more provisions of these General Terms and Conditions (algemene voorwaarden) at any time be wholly or partly void, or be annulled, everything else laid down in these terms remains fully in force. Mizori Shisha and the Counterparty will then confer in order to agree replacement provisions for the void or annulled ones, keeping as close as possible to the purpose and intent of the original wording.
  5. Where there is any ambiguity about how one or more provisions of these General Terms and Conditions should be read, the reading must follow ‘the spirit’ of those provisions.
  6. Where a situation arises between the parties that these terms do not cover, that situation must likewise be judged according to ‘’the spirit’’ of these terms and conditions.
  7. If Mizori Shisha does not insist on strict compliance with these terms on every occasion, this does not mean that the provisions cease to apply, nor that Mizori Shisha forfeits in any way its right to require strict compliance with them in other cases.

 

Article 2: Quotations and offers

  1. All quotations and offers made by Mizori Shisha are without obligation, unless the quotation states a period for acceptance. A quotation or offer lapses if the product to which it relates has ceased to be available in the meantime.
  2. Mizori Shisha cannot be held to its quotations or offers where the Counterparty can reasonably appreciate that the quotation or offer, or part of it, contains an obvious error or slip of the pen.
  3. The prices stated in a quotation or offer include VAT (BTW) and other government levies, together with any costs to be incurred under the agreement, such as travel and accommodation, transaction, shipping and administration costs, unless indicated otherwise.
  4. Where the acceptance departs from the offer set out in the quotation (whether or not on minor points), Mizori Shisha is not bound by it. The agreement is then not concluded in line with that differing acceptance, unless Mizori Shisha states otherwise.
  5. A composite price quotation does not oblige Mizori Shisha to carry out part of the order for a corresponding portion of the quoted price. Offers and quotations do not automatically extend to future orders.

 

Article 3: Contract duration; delivery periods, performance and amendment of the agreement; price increases

  1. The agreement between Mizori Shisha and the Counterparty is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.
  2. Where a period has been agreed or quoted for completing certain work or delivering certain goods, that period is never a strict deadline (fatale termijn). If a period is exceeded, the Counterparty must therefore serve Mizori Shisha with written notice of default. Mizori Shisha must in doing so be allowed a reasonable period in which to perform the agreement after all.
  3. Mizori Shisha is entitled to have certain work carried out by third parties.
  4. Mizori Shisha may perform the agreement in separate stages and invoice each completed stage on its own.
  5. Where the agreement is performed in stages, Mizori Shisha may hold back performance of those parts belonging to a following stage until the Counterparty has approved the results of the preceding stage in writing.
  6. Where Mizori Shisha needs information from the Counterparty in order to perform the agreement, the performance period does not start to run until the Counterparty has supplied that information to Mizori Shisha correctly and in full.
  7. If, while the agreement is being performed, it emerges that proper performance requires the agreement to be amended or supplemented, the parties will adjust the agreement in good time and by mutual consultation. If the nature, scope or content of the agreement is changed, whether or not at the request or on the instructions of the Counterparty, of the competent authorities and so forth, and the agreement is thereby altered in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. The amount originally agreed may as a result go up or down. Mizori Shisha will as far as possible provide a price quotation in advance. An amendment to the agreement may also alter the performance period originally stated. The Counterparty accepts that the agreement may be amended, including changes to the price and to the period of performance.
  8. Where the agreement is amended, including by way of a supplement, Mizori Shisha is entitled to begin performing it only once approval has been given by the person authorised within Mizori Shisha and the Counterparty has agreed to the price quoted for performance and to the other conditions, including the moment then to be set for performance. Failure to perform the amended agreement, or failure to perform it immediately, does not constitute a breach of contract on the part of Mizori Shisha and gives the Counterparty no ground to terminate the agreement.
  9. Mizori Shisha may refuse a request to amend the agreement without thereby being in default, if the amendment could have consequences in qualitative and/or quantitative terms, for example for the work to be carried out or the goods to be delivered in that connection.
  10. Should the Counterparty fail to properly perform what it owes to Mizori Shisha, the Counterparty is liable for all loss (including costs) arising directly or indirectly on the side of Mizori Shisha as a result.
  11. Where Mizori Shisha agrees a particular price on entering into the agreement, Mizori Shisha is nevertheless entitled to raise that price in the circumstances set out below, even where the price was not originally quoted subject to reservation.
    • Where the price rise is the result of an amendment to the agreement.
    • where the price increase follows from a power vested in Mizori Shisha or from an obligation imposed on Mizori Shisha by law;
    • In other cases, on the understanding that a Counterparty not acting in the course of a profession or business is entitled to dissolve the agreement by written declaration if the price rise exceeds 10% and takes place within three months of the agreement being concluded, unless Mizori Shisha is then still prepared to perform the agreement on the terms originally agreed, or unless it was stipulated that delivery would take place more than three months after the purchase.
  1. Mizori Shisha always dispatches its products within 1 week. If you have received nothing within that period, please contact us as soon as you can. We are able to trace where a parcel was sent or delivered for up to 1 month after delivery. If you complain after that period, we can therefore no longer check whether and where it was delivered. Where a tracking code has been provided and the parcel has consequently been sent by us, the risk covered by a complaint no longer applies.

 

Article 4 Suspension, dissolution and early termination of the agreement

  1. Mizori Shisha is entitled to suspend performance of its obligations or to dissolve the agreement at once and with immediate effect if:
    • the Counterparty fails to perform the obligations under the agreement, or fails to perform them fully or on time
    • after the agreement has been concluded, circumstances come to the knowledge of Mizori Shisha that give good reason to fear that the Counterparty will not perform its obligations.
    • the Counterparty was asked, on entering into the agreement, to provide security for the fulfilment of its obligations under the agreement and that security is not forthcoming or is inadequate;
    • Where, because of a delay on the part of the Counterparty, Mizori Shisha can no longer be expected to perform the agreement on the conditions originally agreed, Mizori Shisha is entitled to dissolve the agreement
    • where circumstances arise of such a nature that performance of the agreement is impossible, or that Mizori Shisha cannot reasonably be expected to keep the agreement in place unchanged.
  1. Where the dissolution is attributable to the Counterparty, Mizori Shisha is entitled to compensation for the loss, including costs, arising directly and indirectly as a result.
  2. Where the agreement is dissolved, the claims of Mizori Shisha against the Counterparty fall due immediately. If Mizori Shisha suspends performance of its obligations, it retains its rights under the law and under the agreement.
  3. Where Mizori Shisha proceeds to suspension or dissolution on the grounds set out in this article, it is on that account in no way obliged to compensate any loss or costs arising in any way as a result, or to indemnify, whereas the Counterparty, by reason of its breach of contract, is obliged to pay damages or indemnify.
  4. Where Mizori Shisha terminates the agreement early, Mizori Shisha will, in consultation with the Counterparty, arrange for outstanding work to be transferred to third parties. This does not apply if the termination is attributable to the Counterparty. Unless the early ending is attributable to Mizori Shisha, the costs of transfer are charged to the Counterparty. Mizori Shisha will inform the Counterparty in advance about the scale of those costs as far as it can. The Counterparty is required to pay those costs within the period stated by Mizori Shisha, unless Mizori Shisha indicates otherwise.
  5. In the event of liquidation, of (an application for) suspension of payments (surséance van betaling) or bankruptcy, of attachment against the Counterparty – if and in so far as the attachment is not lifted within three months – of debt restructuring (schuldsanering) or any other circumstance leaving the Counterparty no longer free to dispose of its assets, Mizori Shisha is at liberty to terminate the agreement at once and with immediate effect, or to cancel the order or agreement, without any obligation on its part to pay damages or indemnify. The claims of Mizori Shisha against the Counterparty fall due immediately in that event.
  6. Where the Counterparty cancels an order it has placed, in whole or in part, the goods ordered or made ready for it may be charged to the Counterparty in full, together with any collection, carriage and delivery costs relating to them and the working time reserved for performing the agreement.

 

Article 5 Force majeure

  1. Mizori Shisha is not obliged to perform any obligation towards the Counterparty where it is prevented from doing so by a circumstance that is not due to fault and for which it is not answerable under the law, a juridical act or generally accepted views.
  2. Force majeure (overmacht) in these terms and conditions means, in addition to what is understood by it in legislation and case law, all external causes, foreseen or unforeseen, over which Mizori Shisha can exert no influence but which leave Mizori Shisha unable to perform its obligations. Mizori Shisha may also invoke force majeure where the circumstance preventing (further) performance of the agreement arises after Mizori Shisha should have performed its undertaking.
  3. Mizori Shisha may suspend its obligations under the agreement for as long as the force majeure continues. Where that period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party for loss.
  4. Where, at the time the force majeure sets in, Mizori Shisha has already performed part of its obligations under the agreement, or is able to perform part of them, and the part performed or still to be performed has independent value, Mizori Shisha is entitled to invoice that part separately. The Counterparty is obliged to settle that invoice as though it related to a  separate agreement.

 

Article 6 Payment and collection costs

  1. Payment is in principle possible only through one of the payment options shown on the Mizori Shisha website, which include (but are not limited to) iDeal, Multisafepay, bank transfer and credit card.
  2. Where Mizori Shisha and the Counterparty expressly agree a different method of payment, payment must always be made within 14 days of the invoice date, in a manner to be indicated by Mizori Shisha and in the currency in which the invoice was issued, unless Waterpijp Mizori Shisha indicates otherwise in writing.
  3. Where the Counterparty fails to meet its payment obligation, the Counterparty is in default by operation of law. The Counterparty then owes interest. In the case of a consumer sale (consumentenkoop), the interest equals the statutory interest. In other cases the Counterparty owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. Interest on the amount due is calculated from the moment the Counterparty is in default until the moment the full amount owed is settled.
  4. Waterpijp-online has the right to apply payments made by the Counterparty first against costs, then against interest that has fallen due, and finally against the principal sum and current interest.
  5. Mizori Shisha may refuse an offer of payment, without thereby falling into default, where the Counterparty designates a different order for allocating the payment. Mizori Shisha may refuse full repayment of the principal sum where the interest that has fallen due, the current interest and the collection costs are not settled at the same time.
  6. Objections to the amount of an invoice do not suspend the obligation to pay.
  7. Where the Counterparty is in default or in breach in the (timely) performance of its obligations, all reasonable costs of obtaining payment out of court are for the account of the Counterparty. The extrajudicial costs are calculated on the basis of what is customary at that time in Dutch collection practice, currently the method of calculation set out in the Rapport Voorwerk II. If, however, MizoriShisha has incurred higher collection costs that were reasonably necessary, the costs actually incurred qualify for reimbursement. Any legal and enforcement costs incurred will likewise be recovered from the Counterparty. The Counterparty also owes interest on the collection costs (incassokosten) due.

 

Article 7 Retention of title

  1. All goods delivered by Mizori Shisha under the agreement remain the property of Mizori Shisha until the Counterparty has properly performed all obligations under the agreement(s) concluded with Mizori Shisha.
  2. Goods delivered by Mizori Shisha that are covered by the retention of title (eigendomsvoorbehoud) under paragraph 1 may not be resold and may never be used as a means of payment. The Counterparty is not authorised to pledge the goods covered by the retention of title or to encumber them in any other way.
  3. The Counterparty must at all times do everything that may reasonably be expected of it to safeguard the property rights of Mizori Shisha.
  4. Where third parties levy attachment on goods delivered subject to retention of title, or wish to establish or assert rights over them, the Counterparty is obliged to notify Mizori Shisha immediately.
  5. The Counterparty undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft, and to make the policy for that insurance available to Mizori Shisha for inspection on first request. Should the insurance pay out, Mizori Shisha is entitled to those monies. In so far as necessary, the Counterparty undertakes towards Mizori Shisha in advance to cooperate in everything that may prove necessary or desirable in that connection.
  6. Should Mizori Shisha wish to exercise the property rights referred to in this article, the Counterparty gives unconditional and irrevocable consent in advance to Mizori Shisha and to third parties designated by Mizori Shisha to enter all those places where the property of Mizori Shisha is located and to repossess those goods.

 

Article 8 Warranties, inspection and complaints

  1. The goods to be delivered by Mizori Shisha meet the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended in normal use in the Netherlands. The warranty referred to in this article applies to goods intended for use within the Netherlands. When goods are used outside the Netherlands, the Counterparty must itself verify whether they are suitable for use there and whether they meet the conditions and laws applying in that country. Mizori Shisha may in that case set different warranty terms and other conditions for the goods to be delivered or the work to be carried out.
  2. After receiving the product, the consumer has a cooling-off period (afkoelingsperiode) of 14 days in which to dissolve the agreement without giving reasons and return the product, this being the statutory right of withdrawal (herroepingsrecht). Mizori Shisha bears the cost of the return shipment, other than where a justified appeal is made to the “money-back” (“niet goed geld terug”) scheme. Where the agreement is dissolved because of an incorrect, incomplete, damaged or defective delivery, Mizori Shisha will refund the full amounts paid within 10 days of the date on which the return shipment is received. Please note: a used item cannot be returned, for reasons of hygiene. Where the dissolution rests on reservations unconnected with the nature or quality of what was delivered and unconnected with the conduct of Mizori Shisha, the amounts paid are refunded within 10 days of the date of receipt, less the administration costs incurred by Mizori Shisha, which come to no more than 5 euros. If, on expiry of that period, the Counterparty has not informed Mizori Shisha by e-mail of his/her wish to return an item, or of a defect found in what was delivered, it must be assumed that the Counterparty received and accepted the delivery as complete, undamaged, fully functional and entirely in line with his/her requirements and wishes, and the warranty period comes to an end. Please note: damage to glass must be reported within 24 hours of receiving the item, failing which the right to warranty lapses.
  3. The cooling-off period referred to in this article expressly does not apply to products covered by a statutory exception, such as (but not limited to) products made, assembled and/or personalized specifically for the Counterparty; products that have been used and count as ‘’hygiene products’’ may likewise not be returned. Products carrying an excise seal (accijnszegel) where that seal has been broken cannot be returned.
  4. Where a warranty given by Mizori Shisha concerns goods produced by a third party, the warranty is limited to the one given for them by the producer of the goods, unless stated otherwise. Once the warranty period has expired, all costs of repair or replacement, including administration, shipping and call-out costs, are charged to the Counterparty.
  5. Any form of warranty lapses where a defect has arisen as a result of, or follows from, injudicious or improper use, use after the best-before date, incorrect storage or maintenance by the Counterparty and/or by third parties, or where the Counterparty or third parties have made or attempted to make changes to the goods without written permission from Mizori Shisha, have attached other items to them that should not be attached, or have processed or worked them in a manner other than the one prescribed. Nor can the Counterparty claim under the warranty where the defect has arisen through, or is the result of, circumstances over which Mizori Shisha can exert no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) and so forth,
  6. The Counterparty is obliged to inspect (or have inspected) what has been delivered immediately at the moment the goods are placed at its disposal or the work concerned has been carried out. In doing so, the Counterparty should examine whether the quality and/or quantity of what has been delivered corresponds with what was agreed and meets the requirements the parties agreed in that regard. Any defects must be reported to Mizori Shisha in writing (by post or e-mail) within the cooling-off and warranty period of 14 days. The report must describe the defect in as much detail as possible, so that Mizori Shisha is able to respond adequately. The Counterparty must give Mizori Shisha the opportunity to investigate (or have investigated) a complaint.
  7. Where the Counterparty complains in good time, this does not suspend its payment obligation. The Counterparty also remains obliged in that case to take delivery of and pay for the other goods ordered, unless they have no independent value.
  8. Where a defect is reported later than that, the Counterparty is no longer entitled to repair, replacement or indemnification, unless a longer period follows from the nature of the goods or the other circumstances of the case.
  9. Where it is established that goods are defective and a complaint has been made in good time, Mizori Shisha will, within a reasonable period after receiving the goods back or, if returning them is not reasonably possible, after written notification of the defect by the Counterparty, at its own choice either replace the defective goods, arrange for their repair, or pay the Counterparty compensation in place of them. In the case of replacement, the Counterparty is obliged to return the replaced goods to Mizori Shisha and to transfer ownership of them to Mizori Shisha, unless Mizori Shisha indicates otherwise.
  10. Where it is established that a complaint is unfounded, the costs arising as a result, including the costs of investigation incurred on the side of Mizori Shisha, are for the account of the Counterparty in full.
  11. Glass breakage must be reported within 24 hours of receipt. If damage arises after that through careless use, it is of course not made good. In such cases an attempt can be made, in consultation with Mizori Shisha, to obtain a replacement base (vaas) at a fair price. We see this as a service to our customers, sending the item on without any profit motive. Please note: this happens only in consultation (request by e-mail) and only where the part in question is separately obtainable by Mizori Shisha.

 

Article 9 Liability

  1. Should Mizori Shisha be liable, that liability is limited to what is laid down in this provision.
  2. Mizori Shisha is not liable for loss of any kind arising because Mizori Shisha relied on incorrect and/or incomplete information supplied by or on behalf of the Counterparty.
  3. Mizori Shisha is liable solely for direct loss.
  4. Direct loss is understood to mean exclusively:
    • the reasonable costs of establishing the cause and extent of the loss, in so far as that assessment relates to loss within the meaning of these terms and conditions.
    • any reasonable costs incurred in bringing the defective performance by Mizori Shisha into line with the agreement, in so far as those costs can be attributed to Mizori Shisha;
    • reasonable costs incurred in preventing or limiting loss, in so far as the Counterparty demonstrates that those costs led to a limitation of direct loss as meant in these General Terms and Conditions.
  1. Mizori Shisha is never liable for indirect loss, including consequential loss, lost profit, missed savings and loss caused by business or other stagnation. In the case of a consumer sale, this limitation goes no further than is permitted under Section 07:24(2) of the Dutch Civil Code (BW).
  2. Should Mizori Shisha be liable for any loss, the liability of Mizori Shisha is limited to no more than three times the invoice value of the order, or at any rate to that part of the order to which the liability relates.
  3. The liability of Mizori Shisha is in any event always limited to the amount paid out by its insurer in the case at hand.
  4. The limitations of liability set out in this article do not apply where the loss is due to intent or gross negligence on the part of Mizori Shisha or its managerial subordinates.

 

Article 10 Limitation period

  1. By way of derogation from the statutory limitation periods, the limitation period (verjaringstermijn) for all claims and defences against Mizori Shisha and against the third parties involved by Mizori Shisha in performing an agreement is one year.
  2. Paragraph 1 does not apply to legal claims and defences based on facts that would support the assertion that the goods delivered do not conform to the agreement. Such claims and defences lapse two years after the Counterparty has notified Mizori Shisha of that non-conformity.

 

Article 11 Passing of risk

  1. The risk of loss, damage or reduction in value passes to the Counterparty at the moment the goods are brought within the Counterparty's control.

 

Article 12 Indemnification

  1. The Counterparty indemnifies Mizori Shisha against any claims from third parties who suffer loss in connection with the performance of the agreement where the cause is attributable to someone other than Mizori Shisha.
  2. Should third parties bring a claim against Mizori Shisha on that basis, the Counterparty is obliged to assist Mizori Shisha both out of court and in legal proceedings and to do without delay everything that may be expected of it in that situation. Should the Counterparty fail to take adequate measures, Mizori Shisha is entitled to do so itself without notice of default. All costs and loss arising as a result on the side of Mizori Shisha and of third parties are for the account and risk of the Counterparty in full.

 

Article 13 Intellectual property

  1. Mizori Shisha reserves the rights and powers to which it is entitled under the Dutch Copyright Act (Auteurswet) and other intellectual property legislation and regulations. Mizori Shisha has the right to use the knowledge gained on its side through performing an agreement for other purposes as well, provided that no strictly confidential information belonging to the Counterparty is thereby disclosed to third parties.

 

Article 14 Applicable law and disputes

  1. All legal relationships to which Mizori Shisha is a party are governed exclusively by Dutch law, including where an undertaking is performed wholly or partly abroad or where the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Sales Convention (CISG) is excluded.
  2. The parties will turn to the courts only after they have made every effort to settle a dispute by mutual consultation.
  3. Where matters do come to court, the court in The Hague has jurisdiction to hear disputes between Mizori Shisha and the Counterparty.

 

Article 15 Where to find the terms and amendments to them

  1. The most recent version of the General Terms and Conditions always applies, and it can be consulted and printed at any time via the website http://www.mizorishisha.nl
  2. The Dutch text of the General Terms and Conditions is always decisive for their interpretation.
    • Mizori Shisha does not sell tobacco products to persons under the age of 18.
    • By agreeing to these General Terms and Conditions you confirm, where your order contains tobacco products, that you are at least 18 years of age. If that turns out not to be the case, we are unfortunately unable to send you the tobacco products ordered.

 

Article 16 Exchange procedure 

  • No returned products are accepted if they have been used. New and unused products can be exchanged or refunded without any reason within 14 days of purchase. Products damaged in transit must be sent back within 7 days. Damage to bases (vazen) and glass parts must be reported within 24 hours of receipt. After that, the right of return and warranty lapses. To arrange this you must first submit a request by e-mail: info@shishasmaak.nl. Any product reported more than 7 days after purchase will not be dealt with. Products sold at a reduced price cannot be returned, and neither can products damaged by the user. For products with a minor fault that you do not think worth returning, a credit voucher can be issued. The value of the voucher is settled in consultation with the customer. Do make sure you send a photograph of the fault within 24 hours.

 

Company details

  • www.MizoriShisha.nl
  • Address: Dichtershof 72, 1315LP, Almere
    • (Our company sells shishas over the internet. It is unfortunately not possible to visit our company in person.)
  • Telephone: 0031 6 14 45 40 14
  • WhatsApp: 0031614454014
  • Email: info@shishasmaak.nl
  • Chamber of Commerce (KvK) number: 72768541
  • VAT identification number: NL002428913B67

This is a courtesy translation of our Dutch General Terms and Conditions. In the event of any discrepancy between the two versions, the Dutch text prevails.