General Terms and Conditions of Mira Aluminium B.V.
These general terms and conditions apply to all offers, orders, quotations and agreements of Mira Aluminium B.V. via the webshop, both for consumers (B2C) and for business customers (B2B). Please read them carefully before placing an order or requesting a quotation. Where details of Mira Aluminium are still missing, these are indicated with square brackets and will be filled in prior to publication.
Article 1 - Definitions
In these general terms and conditions, the following terms shall have the following meanings:
Mira Aluminium: Mira Aluminium B.V., established at [vestigingsadres], registered with the Chamber of Commerce under [KvK-nummer], VAT identification number [BTW-nummer], reachable via info@mira-aluminium.nl and [telefoonnummer], hereinafter also referred to as "we", "us" or "seller".
Customer: any natural person or legal entity that enters into or wishes to enter into an agreement with Mira Aluminium, or that makes use of the webshop.
Consumer: the Customer who is a natural person and who is not acting in the exercise of a profession or business (B2C).
Business customer: the Customer who acts in the exercise of a profession or business, including the approved business accounts with access to account prices (B2B).
Webshop: the website and online environment of Mira Aluminium on which the range is offered, orders can be placed and quotations can be requested.
Products: the goods offered by Mira Aluminium, including verandas (terrace canopies), glass sliding walls, louvered roofs, sun shading, aluminium window frames and steel-look interior doors, as well as related services such as installation.
Custom work: products that are manufactured or assembled to the Customer's specification, that are not prefabricated and that are made on the basis of an individual choice or decision of the Customer, or that are clearly intended for a specific person, including products composed via the configurator and glass cut to size.
Standard product: a product with fixed dimensions and specification that is offered as a stock or standard item and does not qualify as Custom work.
Direct purchase: the direct online ordering and payment of a product via the checkout with payment service provider Mollie.
Quotation on request: an offer tailored to the Customer's specifications for (usually) Custom work, which is established after composition in the configurator or after consultation.
Configurator: the online tool with which the Customer composes a product on the basis of dimensions and options.
Agreement: any agreement between Mira Aluminium and the Customer, including changes and additions thereto.
Article 2 - Applicability
2.1 These general terms and conditions apply to every offer of Mira Aluminium and to every Agreement concluded between Mira Aluminium and the Customer, regardless of whether the Customer is a Consumer or a Business customer.
2.2 Before the Agreement is concluded, the text of these general terms and conditions is made available to the Customer by electronic means, in such a way that the Customer can easily store it on a durable data carrier. The terms and conditions can also be consulted and downloaded permanently on the webshop.
2.3 Provisions that relate exclusively to Consumers are designated as such and do not apply to Business customers; provisions that relate exclusively to Business customers do not apply to Consumers. In the event of conflict between a general provision and a provision written specifically for Consumers, the provision most favourable to the Consumer shall prevail for the Consumer.
2.4 Additional or deviating arrangements with Business customers shall, insofar as recorded in writing, take precedence over these general terms and conditions. For Consumers, these terms and conditions may only be deviated from if this has been expressly agreed in writing and without affecting mandatory consumer protection.
2.5 The applicability of any purchasing or other conditions of the Business customer is expressly rejected.
2.6 If a provision of these terms and conditions is null and void or voidable, the remaining provisions shall remain in full force. In that case, the parties shall enter into consultation to agree on a replacement provision that approximates the purport of the original provision as closely as possible.
Article 3 - Offer and quotations
3.1 The offer on the webshop contains a description of the offered Products that is as complete and accurate as possible. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. Images, mood images and visualisations are a truthful representation; minor deviations in colour, structure or dimensions may occur and do not constitute grounds for dissolution or compensation.
3.2 Each offer contains such information that it is clear to the Customer what the rights and obligations are that are attached to the acceptance of the offer.
3.3 A Quotation on request for Custom work is without obligation and valid during the period stated on the quotation. If no period is stated, the quotation is valid for 30 days from the date of issue. After expiry of the period of validity, Mira Aluminium may revise the quotation, among other things in connection with changed material or purchase prices.
3.4 A quotation is based on the data, dimensions and specifications provided by the Customer. The Customer warrants the accuracy thereof, unless Mira Aluminium has taken the measurements itself via the measuring service. If the data turn out to be incorrect, this may have consequences for the price and execution.
3.5 Manifest errors, printing, typesetting or programming errors in the offer, in prices or in the quotation do not bind Mira Aluminium. Mira Aluminium is not obliged to deliver a Product at a price that is the result of such a manifest error, not even after a(n) (automatic) confirmation has been sent. In that case, Mira Aluminium will inform the Customer as soon as possible.
Article 4 - Conclusion of the agreement
4.1 The Agreement is concluded at the moment the Customer accepts the offer and complies with the conditions set in connection therewith, with due observance of what is determined below per sales method.
4.2 Direct purchase (online payment). For Standard products and other Products offered via Direct purchase, the Customer goes through the checkout and pays online via the payment service provider Mollie. The Agreement is concluded as soon as the order has been placed and payment has been confirmed by Mollie. The Customer receives a confirmation of the order by electronic means.
4.3 Quotation on request (Custom work). For Custom work and composed Products, the Customer composes the Product in the configurator or requests an offer. Mira Aluminium then issues a Quotation on request. With this sales method, no online payment via the checkout takes place. The Agreement is concluded as soon as the Customer accepts the quotation (in writing or by electronic means) and Mira Aluminium confirms the assignment, or commences with its execution.
4.4 Within the legal frameworks, Mira Aluminium may ascertain whether the Customer can meet his payment obligations, as well as of facts and factors that are relevant to a responsible conclusion of the Agreement. On the basis of a reasoned outcome, Mira Aluminium may refuse an order or request, or attach special conditions to the execution.
4.5 Access to B2B account prices, payment on account and business conditions is available exclusively to Business customers whose account has been approved. Approval of a business account is separate from, and is not required for, the placing of consumer orders.
Article 5 - Prices
5.1 All prices shown to Consumers are in euros and inclusive of VAT, unless expressly stated otherwise. For Business customers, prices may be shown exclusive of VAT; this is then clearly indicated.
5.2 Any delivery, installation or other additional costs are stated separately and transparently before the Agreement is concluded.
5.3 The price of Custom work is determined on the basis of the dimensions, options and execution chosen by the Customer and is recorded in the Quotation on request. An indicative price shown in the configurator is a provisional calculation and is not binding; the binding price is exclusively the price stated in the quotation or order confirmation.
5.4 Mira Aluminium applies a server-side price calculation. Price indications submitted by the Customer or via the configurator are not accepted as the agreed price.
5.5 Prices on the webshop may be changed. For Agreements already concluded, the price agreed at the moment of conclusion applies, subject to the provisions of article 3.5 regarding manifest errors. For Business customers, if agreed, price changes as a result of changed cost-determining factors may be passed on with due observance of the statutory rules.
Article 6 - Payment
6.1 With Direct purchase, the Customer pays the full amount online via the payment service provider Mollie. The available payment methods, including among others iDEAL and Bancontact and other methods offered by Mollie, are shown during the checkout. In principle, delivery, production or shipment only commences after receipt of payment.
6.2 Payment on account (invoice) is only possible for approved Business customers and only insofar as this has been set up and agreed per account. Payment by invoice must be made within the period stated on the invoice, failing which a payment period of 30 days from the invoice date applies.
6.3 For Custom work via a Quotation on request, the payment arrangement as set out in the quotation or order confirmation applies. Mira Aluminium may require a down payment for Custom work; the amount thereof is made known in advance. The remaining amount is paid according to the moments stated in the quotation (for example, before delivery or upon completion).
6.4 If a Business customer remains in default after expiry of the payment period, it is in default by operation of law and the statutory commercial interest is due on the outstanding amount, as well as the extrajudicial collection costs. For Consumers, the statutory rules regarding default, default interest and collection costs apply, including a prior reminder with a payment period of at least fourteen days.
6.5 The Customer has the obligation to report inaccuracies in payment details provided or stated to Mira Aluminium without delay.
Article 7 - Delivery and execution
7.1 Mira Aluminium delivers in the Netherlands and Belgium. Delivery to other areas takes place only after express agreement.
7.2 Mira Aluminium exercises the greatest possible care in the execution of orders and assignments. The place of delivery is the address that the Customer has made known to Mira Aluminium.
7.3 Stated delivery and execution periods are indicative, in particular for Custom work, where the production time depends on the composed Product, the chosen options and the availability of materials such as glass. Exceeding an indicative period does not give rise to any right to compensation and no right to dissolution, unless the period has been expressly agreed as a strict deadline.
7.4 For Consumers, if a delivery moment has been agreed and this is not met, the Consumer may set Mira Aluminium a reasonable additional period for delivery in writing. If this period is also exceeded, the Consumer has the right to dissolve the Agreement free of charge, without prejudice to his right to any compensation. Amounts already paid are in that case refunded without delay, and at the latest within 14 days after dissolution. This provision does not affect the exception for Custom work in article 9 insofar as that concerns withdrawal.
7.5 Large and fragile Products, such as glass, are delivered carefully and in principle by appointment. The Customer ensures good accessibility of the delivery location.
7.6 Transfer of risk. For Consumers, the risk of damage to and loss of the Product passes at the moment that the Product has actually been received by or on behalf of the Consumer. For Business customers, the risk passes at the moment of delivery, or in the case of own installation or self-assembly at the moment that the Products have been made available to the Business customer.
7.7 Upon receipt, the Customer must check the delivered goods for visible defects and transport damage and report these as soon as possible, with due observance of article 11.
Article 8 - Installation or self-assembly
8.1 The Customer may opt for installation by or on behalf of Mira Aluminium, or for self-assembly. The chosen method is recorded at the time of the order or in the quotation.
8.2 With installation by Mira Aluminium, our installers fit the Product professionally. The Customer ensures that the installation location is accessible in good time and that the substrate is flat, level and sufficiently load-bearing. Additional work resulting from a deviating or unsuitable substrate, incorrectly stated dimensions or unforeseen circumstances on site may be charged separately, after prior notification to the Customer.
8.3 With self-assembly, the Customer receives an installation manual and the necessary fastening materials. The Customer is responsible for correct, safe and structurally sound installation and for a suitable, load-bearing substrate. Mira Aluminium is not liable for damage or defects resulting from incorrect self-assembly or an unsuitable substrate.
8.4 The Customer is responsible for having any required permits or permissions (for example, an environmental permit), unless expressly agreed otherwise.
Article 9 - Retention of title
9.1 All Products delivered by Mira Aluminium remain the property of Mira Aluminium until the Customer has fully complied with all obligations arising from the relevant Agreement, including the full payment of the purchase price and any additional costs.
9.2 As long as the ownership has not passed to the Customer, the Business customer may not pledge, dispose of or otherwise encumber the Products, except insofar as this is customary within the framework of normal business operations.
9.3 If Mira Aluminium invokes the retention of title, the Agreement is to that extent deemed dissolved and Mira Aluminium is entitled to take back the relevant Products. To that end, the Customer grants access to the location where the Products are situated. This provision does not affect the statutory rights of the Consumer.
Article 10 - Right of withdrawal for consumers
10.1 This article applies exclusively to Consumers who have purchased a Standard product online.
10.2 The Consumer has the right to dissolve the Agreement without giving reasons during 14 days (the cooling-off period). This period commences on the day after the Consumer, or a third party designated by him who is not the carrier, has received the Product. In the case of an order of multiple products with separate deliveries, the period commences on the day of receipt of the last product.
10.3 Exception for Custom work. Pursuant to article 6:230p of the Dutch Civil Code, the right of withdrawal expressly does NOT apply to Products that have been manufactured according to the Consumer's specifications, that are not prefabricated and that are made on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person. This includes, among other things, verandas, louvered roofs, custom sliding walls, aluminium window frames and glass cut to size composed via the configurator. These Custom work products cannot be returned and the purchase amount is not refunded on the basis of withdrawal. The Consumer is made aware of this exception before the Agreement is concluded.
10.4 Manner of withdrawal (Standard products). If the Consumer wishes to withdraw from a Standard product, he reports this within the cooling-off period via the model form for withdrawal or in another unambiguous manner, for example by e-mail to info@mira-aluminium.nl. Mira Aluminium confirms receipt of the withdrawal.
10.5 Obligations during the cooling-off period. During the cooling-off period, the Consumer handles the Product and the packaging with care. The Consumer may only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The Consumer is liable for any depreciation in value resulting from more extensive use.
10.6 Return and refund. After withdrawal, the Consumer returns the Standard product within 14 days, complete and, where possible, in the original condition and packaging. The direct costs of returning come at the expense of the Consumer, unless stated otherwise. Mira Aluminium refunds the amount paid by the Consumer, including any standard delivery costs, without delay and at the latest within 14 days after the withdrawal, provided that the Product has been received back or the Consumer has demonstrated that it has been returned. Refund takes place using the same means of payment as that with which payment was made, unless agreed otherwise.
Article 11 - Conformity and warranty
11.1 Mira Aluminium warrants that the Products comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and usability and with the statutory provisions existing on the date of conclusion of the Agreement. For Consumers, the statutory rights regarding conformity (non-conformity) under the Dutch Civil Code apply in full; this warranty does not detract from this.
11.2 Manufacturer's/commercial warranty. Without prejudice to the statutory rights, Mira Aluminium grants a warranty of 5 years on the aluminium profiles, the fittings and locks and the glass, as advertised. The warranty relates to material and construction defects under normal use. Moving parts, motors and electrical components (such as those in louvered roofs, sun shading or electrically operated parts) have their own, deviating warranty period that is stated in the order confirmation or quotation. The exact applicable periods per component are confirmed in the order confirmation or quotation.
11.3 Excluded from the warranty is damage or a defect resulting from: improper or injudicious use; insufficient or incorrect maintenance; modifications or repairs carried out by the Customer or third parties; incorrect self-assembly or an unsuitable substrate; normal wear and tear; as well as damage caused by extreme weather, external force or other circumstances over which Mira Aluminium reasonably has no influence. Minor deviations in colour, dimensions or structure that are customary in the industry or technically unavoidable do not fall under a defect.
11.4 A claim under the warranty proceeds via the procedure of article 12. The Customer keeps the order confirmation or quotation as proof of warranty and, upon request, provides a description and, if possible, photos of the defect.
11.5 The warranty is not transferable without prior written consent of Mira Aluminium, unless mandatory law provides otherwise.
Article 12 - Complaints and disputes
12.1 The Customer must submit complaints about the execution of the Agreement or about a Product within a reasonable period after the defect has been discovered or could reasonably have been discovered, fully and clearly described, to Mira Aluminium via info@mira-aluminium.nl or [telefoonnummer], stating the order number and, where possible, photos. A notification by a Consumer within two months after discovery in any event qualifies as timely.
12.2 Mira Aluminium confirms receipt of a complaint as soon as possible and endeavours to respond substantively within 14 days of receipt. If handling requires more time, the Customer receives within that period an indication of the period within which a substantive response will follow.
12.3 If the parties do not reach a solution together, the Consumer may submit the dispute to the competent court. In addition, the Consumer may submit a complaint about an online purchase via the European platform for online dispute resolution (ODR platform): https://ec.europa.eu/consumers/odr. Mira Aluminium is reachable via info@mira-aluminium.nl.
12.4 The submission of a complaint does not suspend the Customer's payment obligation, unless Mira Aluminium indicates otherwise in writing or this follows from mandatory law for a Consumer.
Article 13 - Liability
13.1 The statutory liability of Mira Aluminium towards Consumers, including that under non-conformity and product liability, is not limited or excluded by this article. The limitations below apply only insofar as mandatory law does not oppose this, and in principle towards Business customers.
13.2 Towards Business customers, the liability of Mira Aluminium is limited to direct damage and to at most the invoice amount of the relevant Agreement, or at least that part of the Agreement to which the liability relates. Liability for indirect damage, including consequential damage, lost profit, missed savings and business stagnation, is excluded towards Business customers.
13.3 The limitations of liability do not apply if the damage is the result of intent or deliberate recklessness on the part of Mira Aluminium or its executives.
13.4 Mira Aluminium is not liable for damage resulting from incorrect dimensions or data provided by the Customer, incorrect self-assembly, an unsuitable substrate, or the absence of a required permit.
Article 14 - Force majeure
14.1 Mira Aluminium is not obliged to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure is understood to mean any circumstance independent of the will of Mira Aluminium that temporarily or permanently prevents fulfilment, including: disruptions or stagnation in the supply of materials (such as aluminium or glass), transport problems, fire, extreme weather conditions, strikes, epidemics, government measures and disruptions at engaged service providers or third parties.
14.2 During the period of force majeure, the obligations of Mira Aluminium are suspended. If the force majeure lasts longer than 60 days, both parties are entitled to dissolve the Agreement in writing, without any right to compensation existing on either side. Amounts already paid by the Customer for performances not yet delivered or not yet executed are in that case refunded, with due observance of the provisions regarding Custom work.
Article 15 - Intellectual property
15.1 All intellectual property rights relating to the webshop, texts, images, visualisations, designs, configurations, logos and manuals are vested in Mira Aluminium or its licensors.
15.2 The Customer is not permitted, without prior written consent of Mira Aluminium, to reproduce, make public or commercially exploit material from the webshop, other than for his own, non-commercial use within the framework of the Agreement.
15.3 Mira Aluminium may use data, dimensions or designs provided by the Customer insofar as this is necessary for the execution of the Agreement.
Article 16 - Personal data
16.1 Mira Aluminium processes the Customer's personal data in accordance with the General Data Protection Regulation (GDPR) and its privacy statement. The processing is aimed at the execution of the Agreement, payment, delivery, warranty and customer service.
16.2 For the execution of the services, Mira Aluminium engages processors and sub-processors, including Supabase (hosting and database, EU/Frankfurt), Vercel (hosting/CDN), Mollie (payments), Sanity (content management), Sentry (error monitoring, loaded only after cookie consent) and a (planned) service provider for transactional e-mail. Hosting and data storage take place within the EU.
16.3 The use of cookies is described in the separate cookie policy, available via /cookiebeleid. More information about the processing of personal data and the rights of the Customer is set out in the privacy statement.
Article 17 - Amendment of the terms and conditions
17.1 Mira Aluminium is entitled to amend these general terms and conditions. The amended terms and conditions are published on the webshop, stating the date of entry into force.
17.2 To an Agreement already concluded, the terms and conditions apply as they were in force at the moment of conclusion, unless an amendment is mandatorily prescribed by law or the amendment is more favourable to the Customer.
17.3 For ongoing Agreements with Business customers, an amendment takes effect after it has been announced a reasonable time in advance.
Article 18 - Applicable law and competent court
18.1 All Agreements between Mira Aluminium and the Customer and these general terms and conditions are governed exclusively by Dutch law, even if the Customer is established in Belgium or another country. The applicability of the Vienna Sales Convention (CISG) is excluded.
18.2 Mandatory consumer protection of the country where the Consumer has his habitual residence remains applicable insofar as it offers the Consumer more extensive protection.
18.3 Disputes are submitted to the competent court of the district court in the district where Mira Aluminium is established, unless mandatory law designates another court. For Consumers, they may also submit the dispute to the court that is competent according to the law, and the option of the ODR platform (article 12) remains open.
This is a first draft of the general terms and conditions, prepared for the webshop of Mira Aluminium B.V. It is expressly intended as a basis for review and approval by a (legal) adviser before it is published; check in particular the warranty periods per product type, the B2B provisions and the company details still to be filled in ([KvK-nummer], [BTW-nummer], [vestigingsadres], [telefoonnummer]). Last updated: [datum laatste wijziging].