General terms and conditions
Version July 2025
Definitions
- MINGO: the company MINGO, the user of these general terms and conditions
- Agreement: the agreement between MINGO and You regarding one or more items to be delivered by MINGO
- Terms: these general terms and conditions, of which MINGO is the user and which apply to agreements between MINGO and a consumer
- Article(s): the item(s) delivered by MINGO
- Distance Agreement: an agreement concluded within the framework of a system organized by MINGO for the distance selling of goods/services, whereby exclusively one or more techniques for distance communication are used until the conclusion of the agreement
- Website: the website http://www.mingokids.com
1 Applicability
These Terms exclusively apply to all offers, orders, and Agreements from MINGO, to the exclusion of any other general terms and conditions.
By accepting an offer or placing an order, You accept the applicability of these Terms and agree that they form part of the concluded Agreement.
Deviations from these Terms can only be agreed upon in writing and shall only apply to the specific Agreement to which the deviations pertain.
In addition to these Terms, additional conditions may apply to specific Articles if explicitly stated.
In the event that these Terms and the Agreement contain conflicting provisions, the terms stated in the Agreement shall prevail.
These Terms may be amended at any time. Changes are only effective after being published on the Website. If applicable changes occur during the validity of an offer, the most favorable provision for You shall apply.
2 Offers/Agreements
All offers from MINGO are non-binding and subject to availability. MINGO expressly reserves the right to change prices, especially if required by (legal) regulations.
An Agreement is only concluded after acceptance of the order by MINGO. MINGO is entitled to refuse orders with reasons or to attach special conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, MINGO will notify You within ten (10) working days after receipt of the order.
MINGO reserves the right to cancel an order without stating reasons if the order is incomplete and/or incorrectly filled in.
If You fail to meet any of Your obligations under the Agreement(s) with MINGO in whole, in part, or on time, You shall be in default by operation of law. In such a case, MINGO is entitled to terminate the Agreement in whole or in part unilaterally without notice of default and without judicial intervention by means of a written notice, without being liable for any damages. This does not affect any other rights to which MINGO is entitled.
Oral promises are only binding on MINGO after they have been explicitly confirmed in writing.
Offers from MINGO do not automatically apply to repeat orders.
MINGO is entitled to engage third parties in the performance of the Agreement.
3 Prices
The prices listed for the Articles are in euros and include VAT unless otherwise stated. Shipping costs are not included in the listed prices unless stated otherwise. See the Website for shipping costs.
MINGO is not responsible for any import or customs duties in case the order is shipped to a country other than the Netherlands. You must bear these costs yourself.
MINGO cannot be held to price listings that are clearly incorrect, for example due to evident input or printing errors.
Additional (payment/order) conditions may apply to Your order. For payments via bank or giro, the date of payment shall be the date on which the payment is credited to MINGO's bank or giro account.
4 Payments
Payment can be made using the method(s) indicated during the order process on the Website.
All payment transactions are handled by a specialized payment provider. The general terms and conditions of that payment provider apply to such transactions.
The invoice will be provided or sent upon delivery. The invoice also serves as proof of warranty.
Payment must be made without discount or compensation within 14 (fourteen) days after the invoice date, unless otherwise agreed in writing.
If You exceed the payment term, You are in default from the day payment should have been made. From that day, You shall owe statutory interest per month or part of a month on the outstanding amount.
If You are in default of paying any amount due under the Agreement, MINGO will send You a reminder granting a final payment term of fourteen (14) days. This notice will also state the extrajudicial collection costs You will irrevocably owe if payment is not made within the set term. These costs are calculated in accordance with Article 6:96 paragraph 4 of the Dutch Civil Code.
If You are in default with any payment, MINGO is entitled to suspend or terminate (the execution of) the relevant Agreement and related agreements.
5 Ordering Process and Delivery
MINGO will exercise the greatest care in receiving and handling orders.
MINGO is not liable for any damage incurred during or as a result of delivery to You or third parties, unless You prove that the damage resulted from gross negligence or intent by MINGO.
The risk for the Article transfers to You at the moment of delivery.
When ordering Articles from MINGO, the delivery address must be described as accurately as possible. Unless otherwise agreed, delivery takes place at the address You provided to MINGO. If an incorrect address is entered at the time of ordering which results in mis-delivery, the associated costs will be Your responsibility.
MINGO strives to deliver within the Netherlands in 1–3 business days. For destinations outside the Netherlands but within Europe, allow at least 3–4 business days. These delivery times are indicative and are never to be considered as a strict deadline. MINGO may provide additional delivery time information on the Website or otherwise; such information is only indicative.
For deliveries abroad, different terms may apply. MINGO is not responsible for delays caused by PostNL or any other carrier engaged by MINGO.
Deviations in color, type, text, and/or price changes are reserved.
You are required to carefully follow instructions and warnings provided on the Website and packaging.
6 Inspection upon Delivery
You must promptly inspect whether MINGO has properly fulfilled the Agreement at the time of delivery. You must notify MINGO in writing immediately once any defects appear.
MINGO is always entitled to replace a defective performance with a proper one, unless the default is irreparable.
Fulfillment of the Agreement is deemed properly executed between both parties if You fail to carry out the inspection or provide notice as required in a timely fashion.
MINGO’s performance is in any case considered satisfactory by the parties once You have used, processed, delivered to third parties, or permitted such use or processing—unless You have complied with the first paragraph of this article.
The previous paragraphs do not affect Your rights under consumer protection laws regarding MINGO’s failure to comply with its obligations.
7 Retention of Title
Ownership of delivered goods only transfers to You once You have paid all amounts that are owed to MINGO under any Agreement.
If the delivered goods have been delivered but not yet paid, You may not hand them over to third parties or make them available to others under any title or name.
8 Right of Withdrawal and Returns
When purchasing unspecified standard items from the existing assortment, You have the right to cancel the Agreement without giving any reason within fourteen (14) days. This period starts the day after You or a representative designated by You and known to MINGO receives the Article.
During the reflection period, You must handle the Article and its packaging with care. This means that You may only unpack or use the Article to the extent necessary to determine whether You wish to keep it.
If You exercise Your right of withdrawal, You must return the complete order with all delivered accessories and—insofar as reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by MINGO.
If You exercise the right of withdrawal, return shipping costs are at most Your responsibility.
If You have already paid the amount due, MINGO will refund this as soon as possible, but no later than fourteen (14) days after return or cancellation.
Excluded from the right of withdrawal are Articles made to Your specifications, such as following a design or specific text provided by You.
MINGO reserves the right to refuse returned Articles (inside or outside the 14-day withdrawal period) or to only refund part of the amount paid if there are suspicions that the Article has been used, worn, washed, packaging is damaged (partially or fully), used or damaged by You, or if the original order is no longer complete.
MINGO provides You with a model withdrawal form to facilitate Your right of withdrawal.
9 Force Majeure
Without prejudice to any other rights it may have, MINGO is entitled in case of force majeure to suspend performance of the order or to dissolve the Agreement without judicial intervention, at its own discretion. You will be notified in writing. In such case, MINGO will not be liable for any compensation unless it would be unacceptable under the standards of reasonableness and fairness.
Force majeure in these Terms includes, in addition to what is understood under law and jurisprudence, all external causes, whether foreseen or not, beyond MINGO’s control, that prevent fulfillment of its obligations. This also includes disruptions in telecommunications networks or systems used, and any temporary unavailability of the Website.
10 Complaints
MINGO guarantees that the delivered Article complies with the Agreement and meets the specifications stated in the offer, which You may expect under normal use.
Any complaints regarding goods delivered by MINGO must be notified to MINGO in writing within eight (8) days after delivery.
If such reports were made verbally, You must confirm them in writing as soon as possible.
Return shipments of already delivered Articles will only be accepted by MINGO after written approval. These return shipments are completely at Your expense and risk.
The above provisions do not affect Your rights under consumer law regarding MINGO’s failure to fulfill its obligations.
11 Liability
All Articles are compiled with the greatest care. However, MINGO is not liable for any damage—whether bodily, material, or immaterial—resulting from misuse of the Articles sold by MINGO and/or detached materials or accessories.
MINGO is not liable for damage caused by intent and/or failure to follow the washing instructions on the label of the Articles.
MINGO is only liable for direct damage to You or third parties if and insofar as the damage is a direct and immediate result of a culpable breach of the Agreement by MINGO, or if liability arises under mandatory law.
MINGO’s liability in accordance with the preceding paragraph is limited to at most the purchase price of the delivered Article, unless the damage is due to gross negligence, gross intent, or with intent by MINGO.
Furthermore, MINGO’s total liability is limited to the amount paid out in the relevant case under its commercial liability insurance, plus the amount of the deductible.
MINGO is not liable for advice listed on the Website, or discrepancies in prices, images, and texts of data on the Website or other documentation from MINGO.
In no event will MINGO be liable for any form of indirect damage, including business interruption and consequential loss, even if MINGO has been warned of the possibility of such damage.
12 Intellectual Property
You must fully and unconditionally respect all intellectual property rights vested in the Articles delivered by MINGO.
You expressly acknowledge that all intellectual property rights in displayed information, communications, or other expressions related to the Articles and/or the Website vest in MINGO, its suppliers, or other rights holders.
Printed matter and images of Articles may not be used without MINGO’s permission.
13 Personal Data
Personal data are stored in MINGO’s customer system for order processing.
You have the right at any time to ask MINGO what data is held in the database and to modify it. MINGO cannot guarantee the security of your personal data sent via the Internet, as such data may potentially be intercepted. MINGO is not liable for this.
If You register on MINGO’s Website, You undertake to provide correct information. Providing false information contravenes the Website’s conditions. Failure to provide data necessary for processing and shipping the order, invoicing, and activating warranty may lead to order cancellation, without prejudice to MINGO’s right to compensation.
If You consent to data processing for ease of reordering and to receive offers and other commercial messages that MINGO deems useful, Your data will be included in MINGO’s central file and used accordingly. Only MINGO may send You promotional emails, provided You have given permission. You may withdraw consent or unsubscribe from the newsletter at any time online or via email.
14 Dutch Law and Disputes
All Agreements concluded by MINGO are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Disputes arising between the parties as a result of the Agreement or any ancillary agreements will be resolved by the competent court under the law.
15 Location and Amendment of Terms
These Terms are filed with the Chamber of Commerce and will be provided free of charge upon request. They are also available for download and storage via the Website.
The version most recently filed, or the version that applied at the time the Agreement was concluded, is always applicable.
The Dutch text of these Terms shall at all times be authoritative for their interpretation.
16 Identity of MINGO
MINGO is located at Stadhoudersweg 95D, 3039 EC Rotterdam. MINGO is reachable on weekdays from 10:00 – 17:00 via the email address info@mingokids.com. MINGO is registered with the Chamber of Commerce under number 64040615.