Terms and Conditions, & Processor Agreement
Terms & Conditions
These are our terms and conditions. These, along with the references herein apply to any agreement that we, Mano Group B.V., establish with you. If you have any questions, do not hesitate and contact us by email: email@example.com or by regular mail: MioTinto, Dragonder 30d, 5555 XZ Valkenswaard, The Netherlands. We reserve the right to amend these terms and conditions. You agree that the most recent version of these Terms and Conditions will apply to our agreement.
Article 1 – Items
We sell footwear and footwear related accessories.
Article 2 – Registration
Article 3 – Payments
The (total) cost of the products is indicated in our webshop. You pay using the online payment service Mollie.nl, PayPal, or Bank-Transfer. All payment options require payment upfront. Late payments will be subject to collection costs and statutory interest. The shipping costs for orders 100 EURO and above, within The Netherlands, are on behalf of MioTinto.
Article 4 – Deliveries
We deliver your product to the address you provide us with when ordering. You can not change your address after we have shipped the package. MyParcel.nl handles the distribution of our shipments. We do our best to deliver the order as soon as possible. If get notified that the order is delayed, we will notify you by email. We guarantee that you order ships at least 4 working days after your order has been received. In the unlikely event that we can not ship in time, please ask us to
(A) refund the the amount you have paid for the product,
(B) send a replacement product (of equal value).
Article 5 – Returns
Beware that all most all of our products are made to order, including but not limited to shoes, belts and color samples! Made-to-order products can not be returned. You are free to return a non-made-to-order product within 14 days after you received it. You can do this by sending an email to firstname.lastname@example.org. After you have received our confirmation, the product should be sent to us within 14 days. As soon as we have received the product, we will refund the full purchase price within 14 days. The return costs are at your expense. During the period that you have to consider whether you want to keep the product, you should handle the product and packaging with great care. You may only unpack and use the product to the extent necessary to determine whether to keep the product. Products that are worn can not be returned.
Article 6 – Warranty
We give 3 months warranty on all products. If the product under normal use fails within the guarantee period, you are entitled to a repair or a replacement product. The defective product must be returned to us in its original packaging. The shipping costs are for your account.
Article 7 – Liability
We are not liable for damage caused by the use of a product. This does not apply if the damage was caused by our intent, gross negligence or willful recklessness. Your right to compensation will in any case not exceed the amount of the ordered and paid for product.
Article 8 – Intellectual Property Rights
All intellectual property rights (including copyright, logos, word marks) on our texts, photos, pictures and other materials belong to us (or we manage them with authorization of the owner).
Article 9 – Complaints
If you have a complaint about the implementation of this agreement, let us know. Send your complaint as soon as possible (and described as completely as possible) to email@example.com. We will handle your complaint as soon as possible, or at least within 14 days after we received your complaint. If it takes longer to settle the complaint, you will receive a confirmation within 14 days of your complaint and we will let you know when to expect a substantive response. If we can not mutually resolve the complaint, there is a dispute covered by the arbitration.
Article 10 – Dispute
These terms & conditions and our agreements are governed by Dutch law.
Agreement processing personal data – We Mano Group B.V. offer personalized shoes an accessories. If you use our services as a reseller, you pass on data of third parties to us that is considered ‘personal data’ according to the General Data Protection Regulation. You are theredore obliged to enter into a ‘processor agreement’ with us. That is why this processor agreement applies to our service.
Article 1 – Definitions
GDPR – The General Data Protection Regulation.
Those involved – Individuals whose personal data are processed on the basis of this processor agreement; involved parties as in the sense of the GDPR.
Agreement – This processor agreement, which applies between Parties.
Parties – The name of the Processor and the Controller together.
Personal data – Data with which a natural person can be identified directly or indirectly, as referred to in the GDPR.
Controller – You, who uses our service as a user and therefore provides us with personal data of the Involved. The controller is also the ‘controller’ in the sense of the GDPR.
Processor – We, Mano Group B.V. with address Vestdijk 234, 5611CZ Eindhoven, Chamber of Commerce number 62638769 as processor of the personal data that the Controller provides to us.
Sub Processors – Processors that are called in by the main Processor to process certain personal data for the benefit of the Controller.
Article 2 – Background
- The Controller acts as ‘controller’ (also referred to as: controller) in the sense of the GDPR. This means that the Controller determines the purpose and means of processing personal data and that the Controller uses the personal data for his own purposes.
- The processor acts as ‘processor’ in the sense of the GDPR. This means that the Processor will only process the personal data provided by the Controller in accordance with written instructions from the Controller as described in this Processor Agreement. The processor will not process the personal data for his own purposes.
Article 3 – Processing of processing
- During the execution of the Assignment, the Processor will handle the personal data in a careful manner and only process the personal data in accordance to the instructions of the Controller, in accordance with his written instructions and in accordance with this Agreement and the regulations in the GDPR.
- The processor will not process the personal data for any other purpose than as determined by the Controller. The processor has no control over the purpose and the means for processing the personal data.
- The processor guarantees that persons acting under his authority will only process the personal data in a lawful manner and in accordance with this Agreement and the GDPR.
- At the request of the Controller, the Processor will provide the Controller with information about the (security) measures taken to comply with the obligations under the GDPR, this Agreement and the other instructions of the Controller.
Article 4 – Guarantee Responsible
The controller guarantees that the processing of the personal data of the data subjects, as referred to in this agreement, is not unlawful and that no violation is made of the rights of others. The controller indemnifies the Processor against all claims relating to this.
Article 5 – Transfer of personal data
- In principle, the processor processes the personal data within the European Union and in countries outside of it which, according to the European Commission, offer an adequate level of protection
- The processor will only pass on the personal data to countries without an adequacy decision, if this is in accordance with the provisions of the GDPR. If permission is required from the Parties concerned for this transfer, the Controller will ensure that this permission is obtained.
- The Processor will inform the Controller in advance of a processing outside the countries referred to in paragraph 1, unless this is prohibited by law.
Article 6 – Security measures
- The processor shall take all appropriate technical and organizational measures to protect the personal data against loss or any form of unlawful processing. These measures guarantee an appropriate level of security of the personal data being processed.
- The processor in any case takes the following measures:
– Security of network connections via Secure Socket Layer (SSL) technology or comparable technology
– Back-ups of the personal data in order to restore them in time for physical or technical incidents
- Processor will provide the Controller with all available information to assist the Responsible Party in carrying out security measures, enable audits and inspections and carry out data protection impact assessments.
Article 7 – Security incidents
- The processor shall report theft, loss or misuse of personal data or any other form of data leak as soon as possible to the Controller. This report includes, where possible, at least the following: the nature of the infringement, the categories and scope of the personal data concerned, the likely consequences of the data breach, the measures taken by the Processor and the point of contact where the Controller can obtain more information.
- Where necessary, the Processor will fully cooperate with the proper informing of the authorities and persons involved about such security incidents or data leaks. In addition, Processor will fully cooperate in carrying out risk assessments, analyzing the cause, identifying required corrective measures and implementing them.
Article 8 – Duration and termination
- The Parties shall enter into this Agreement for an indefinite period of time.
- Termination is possible in writing at the end of the that month with a notice period of three months.
- If this Agreement ends or is dissolved, the Parties must continue to comply with the provisions of this Agreement with regard to confidentiality, liability, indemnification and all other provisions that by their nature are intended to continue after termination or dissolution of this Agreement.
- If this Agreement ends or is dissolved, the Contractor will return all data, including personal data, that are present at the Worker to the Controller at his request on the basis of this Agreement. The controller must forward this request to the Processor within three months. After this period, Processor will safely remove or destroy all data that it holds under this Agreement (including any copies thereof), unless the Processor is legally obliged to store the data for a longer period of time.
Article 9 – Confidentiality and confidentiality
- The processor will treat all personal data and other data that he receives from the Controller confidentially. Processor will restrict access to this data to persons working for Processor who need access to the correct execution of the processing for the benefit of the Controller.
- All personal data received by the Processor on the basis of this Agreement is subject to a confidentiality obligation towards third parties. All persons employed by, or employed for the benefit of, the Processor, as well as the Processor themselves, are obliged to maintain the confidentiality of the personal data.
- The processor shall not provide the personal data to third parties, copy them, or otherwise multiply or publish them without the consent of the Controller.
Article 10 – Rights of Data Subjects
- The Processor will assist the Controller in fulfilling the responsibility of the Controller to respond to requests from Involved Parties, such as the right to access, rectify and change data.
- If the Processor receives a request from a third party to provide access to the personal data on the basis of an alleged (legal) obligation, he will first inform the Controller in writing before he provides that third party with access to the personal data, so that the Controller can assess whether request from the third party.
Article 11 – Persons working under the authority Processer
The obligations of Processor arising from this Agreement also apply to those who process personal data under the authority of Processor, including but not limited to employees.
Article 12 – Sub Processors
- The processor may use external parties when processing the personal data. The processor has outsourced (partially) the processing of the personal data to the following Sub Processors: Google (data analysis), Mollie (Payment Provider), MyParcel (courier), PostNL (courier), WPEngine (hosting provider, based in the US), E-Boekhouden.nl (accounting software), Feros (accountant), Hersbach(accountant), Gruppo Adanti B.V. (partner), and online storage services.
- The processor may employ new Sub Processors for the processing of personal data. The Processor will inform the Controller of the addition or replacement of Sub Processors, whereby the Controller will be given the opportunity to object. The Responsible Processor can also request an overview of all enabled Sub Processors.
Article 13 – Indemnity
- The Controller is responsible for the personal data (or other data) that the Controller Party shares with the Processor. The Controller indemnifies Processor against claims from third parties or fines imposed by the Data Protection Authority due to the transfer of these data.
- The Processor is only liable for direct damage of the Controller, which is directly and exclusively the result of a shortcoming by the Processor.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Processor
Article 14 – Invalidity
If a part of this Agreement is voidable, that will not affect the validity of the remainder of the Agreement. The void part is replaced by a provision that follows as much as possible the content of the void provision.
Article 15 – Final provision
- Only written changes to this Agreement are valid.
- This Agreement supersedes all prior agreements between the Parties.
Article 16 – Applicable law
Article 17 – Competent court
Court of East-Brabant.