Article 1 – Identification and Scope of Application

These General Terms and Conditions of Sale (the “Terms”) govern all contractual relationships entered into between Mmmornings BV, a private limited liability company incorporated under Belgian law, with its registered office at Oude Gentweg 100, 9840 De Pinte, Belgium, registered with the Crossroads Bank for Enterprises (KBO/CBE) under number 1022.897.761, VAT number BE1022.897.761, trading under the brand name MishMash (hereinafter “MishMash”, “we”, “us” or “our”), and any natural person acting for purposes outside their trade, business, craft or profession (hereinafter the “Customer”) who purchases or intends to purchase products through the website mishmashfood.com (the “Website”).

These Terms apply exclusively to consumers within the meaning of Article I.1, 2° of the Belgian Code of Economic Law (“CEL”). For business-to-business transactions, separate terms and conditions apply.

By placing an order through the Website, the Customer confirms having read, understood, and accepted these Terms in their entirety without reservation. The mere use of the Website or the placement of an order constitutes acceptance of these Terms.

MishMash reserves the right to amend these Terms at any time. The version in force at the time an order is placed shall govern that order. In the event that any provision of these Terms is found to be invalid, void or unenforceable under applicable law, it shall be replaced by an enforceable provision that most closely reflects the economic intent of the original, without affecting the validity and enforceability of the remaining provisions.

In the event of any discrepancy between language versions of these Terms, the English version shall prevail.

 

Article 2 – Products

MishMash offers breakfast spreads made from fruit, nuts and seeds (the “Products”), as described on the Website. All product descriptions, including ingredients, nutritional values, weight specifications and packaging details, are provided for informational purposes and are subject to change without prior notice. Images and photographs displayed on the Website are for illustrative purposes only and may not perfectly represent the final product, in particular with regard to colour rendering across different screens and devices.

MishMash endeavours to ensure that all product information displayed on the Website is accurate and up to date. In the event of a manifest error in a product description or price, MishMash reserves the right to cancel the relevant order and refund any amounts already paid in full.

MishMash reserves the right to discontinue, modify, or limit the availability of any Product at any time and without prior notice.

 

Article 3 – Orders

3.1  Order Process

Orders may be placed exclusively through the Website. By submitting an order, the Customer makes an offer to purchase the selected Products under the conditions set out in these Terms. An order confirmation sent by MishMash by email constitutes acceptance of the order and gives rise to a binding agreement between the parties.

The Customer warrants that all information provided in connection with an order (including name, delivery address, email address and payment details) is accurate, complete and up to date. MishMash shall not be liable for any damage resulting from incorrect information provided by the Customer.

MishMash reserves the right to refuse or cancel any order, in particular in the event of (i) unavailability of stock, (ii) a manifest error in the price or product description, (iii) reasonable suspicion of fraudulent or abusive use of the Website, or (iv) failure of payment. In such cases, MishMash will notify the Customer as soon as reasonably practicable and refund any amounts already paid within fourteen (14) calendar days.

 

3.2  Pre-Orders

Where a Product is offered on a pre-order basis, the following additional conditions apply. Pre-ordered Products are produced on a made-to-order basis; production commences after the pre-order period closes.

(a)   Payment: The full purchase price is due and collected at the time the pre-order is placed.

(b)   Estimated delivery: The estimated delivery window will be communicated to the Customer at the time of placing the pre-order. This date is indicative only and does not constitute a guaranteed delivery date.

(c)   Delay: Should delivery be delayed by more than four (4) weeks beyond the communicated estimated delivery window, MishMash will notify the Customer and offer the option to either (i) maintain the pre-order with a revised estimated delivery date, or (ii) cancel the pre-order and receive a full refund within fourteen (14) calendar days.

(d)   Cancellation by the Customer: The Customer may cancel a pre-order up to seven (7) calendar days before the scheduled dispatch date and receive a full refund within fourteen (14) calendar days of the cancellation request, without penalty or deduction. Cancellation requests received less than seven (7) calendar days before the scheduled dispatch date cannot be accepted, as production will have commenced.

(e)   Cancellation by MishMash: In the event that MishMash is unable to fulfil a pre-order for any reason, the Customer will be notified as soon as reasonably practicable and will receive a full refund within fourteen (14) calendar days.

 

Article 4 – Prices

All prices displayed on the Website are inclusive of VAT at the applicable Belgian rate. Prices are exclusive of shipping costs, which are displayed separately at checkout prior to confirmation of the order.

Prices are subject to change without prior notice. The price applicable to an order is the price displayed on the Website at the time the order is submitted, as confirmed in the order confirmation email.

MishMash reserves the right to organise promotional campaigns subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.

 

Article 5 – Payment

Payment must be made in full at the time of placing the order. MishMash accepts the payment methods indicated on the Website at checkout.

The Customer warrants that (i) the payment information provided is accurate, complete and current, (ii) the Customer is duly authorised to use the chosen payment method, and (iii) all resulting charges will be duly honoured.

MishMash reserves the right to verify payment before dispatching Products. In the event of a failed, disputed or reversed payment, MishMash may suspend or cancel the order without further notice.

 

Article 6 – Shipping and Delivery

MishMash will endeavour to dispatch Products within the timeframe indicated on the Website. All delivery times are estimates only and are not guaranteed. MishMash shall not be liable for delays caused by the carrier, customs processing, or circumstances beyond its reasonable control.

Risk of loss and damage to the Products passes to the Customer upon delivery to the address specified in the order.

In the event that a delivery attempt fails or a parcel is returned to MishMash due to an incorrect or incomplete address provided by the Customer, the cost of re-delivery shall be borne by the Customer.

MishMash shall not be liable for the expiry or exceeding of the best-before date where this results from the Customer’s failure to observe the storage and handling instructions indicated on the Product packaging.

 

Article 7 – Right of Withdrawal

7.1  General Right of Withdrawal

In accordance with Article VI.47 of the Belgian Code of Economic Law, the Customer, acting in the capacity of a consumer, has the right to withdraw from the purchase contract within fourteen (14) calendar days from the day following receipt of the Products, without providing any reason and without incurring any penalty.

To exercise this right, the Customer must notify MishMash of their decision to withdraw prior to the expiry of the fourteen (14) day period by sending an unambiguous written statement to hello@mishmashfood.com. MishMash will acknowledge receipt of the withdrawal notification without delay.

Following notification of withdrawal, the Customer has a further fourteen (14) calendar days to return the Products to MishMash.

 

7.2  Hygiene Exception – Opened Products

In accordance with Article VI.53, 9° of the Belgian Code of Economic Law, the right of withdrawal does not apply to Products that have been unsealed (opened) after delivery where return is unsuitable for reasons of health protection or hygiene. Accordingly, only Products that are returned in their original, unopened and undamaged packaging are eligible for return under the right of withdrawal.

 

7.3  Pre-Orders and Right of Withdrawal

For pre-ordered Products, the Customer’s right to cancel set out in Article 3.2(d) applies for as long as the cancellation deadline has not yet passed. Once a pre-order has been dispatched, the general right of withdrawal under Article 7.1 above applies.

 

7.4  Return Procedure

To initiate a return, the Customer must contact MishMash at hello@mishmashfood.com to request return instructions. The Customer must return the Products with all accessories and, where reasonably possible, in their original packaging, in accordance with MishMash’s instructions.

Return shipping costs are borne by the Customer, unless the Products are defective or incorrectly delivered by MishMash.

 

7.5  Refund

MishMash will refund the purchase price and the original standard delivery costs within fourteen (14) calendar days of receiving the returned Products, or upon receipt of proof that the Products have been returned (whichever is earlier), using the same payment method as the original transaction unless otherwise expressly agreed.

MishMash reserves the right to reduce the refund amount to account for any diminution in value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

 

Article 8 – Limitation of Liability

To the fullest extent permitted by mandatory Belgian law, MishMash’s total aggregate liability for any claim arising out of or in connection with these Terms or the Products shall not exceed the total amount paid by the Customer for the order giving rise to the claim.

MishMash shall not be liable for any indirect, incidental, consequential or punitive damages, including but not limited to loss of revenue, loss of profit, or loss of opportunity, whether arising in contract, tort (including negligence) or otherwise.

Nothing in these Terms limits or excludes MishMash’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under mandatory applicable law.

 

Article 9 – Force Majeure

MishMash shall not be liable for any failure or delay in the performance of its obligations to the extent such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, government measures, supply chain disruptions, pandemics, or carrier failures (collectively, “Force Majeure Events”).

In the event of a Force Majeure Event, MishMash will notify the Customer as soon as reasonably practicable. If the Force Majeure Event continues for a period exceeding thirty (30) calendar days, either party may cancel the affected order, with full reimbursement to the Customer of any amounts already paid.

 

Article 10 – Intellectual Property

All content available on the Website, including but not limited to trademarks, trade names, logos, product names, images, photographs, texts, designs and software, is the exclusive property of Mmmornings BV or its licensors and is protected by applicable intellectual property laws.

The Customer is granted a limited, non-exclusive, non-transferable right to access and use the Website for personal, non-commercial purposes only. The Customer may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Website without the prior written consent of MishMash.

 

Article 11 – Prohibited Uses

The Customer may only use the Website for lawful purposes. Without limitation, the Customer may not:

•  use the Website in any manner that violates applicable laws or regulations;

•  transmit unsolicited commercial communications (spam);

•  collect, store or process personal data of other users without authorisation;

•  infringe upon the intellectual property rights of MishMash or any third party;

•  upload or transmit any malicious code, virus or content that could damage or impair the functioning of the Website;

•  impersonate any person or entity or otherwise misrepresent an affiliation with any person or entity;

•  engage in any conduct that could expose MishMash or other users to harm or liability.

MishMash reserves the right to suspend or terminate a Customer’s access to the Website at any time and without prior notice in the event of a violation of this Article.

 

Article 12 – Privacy and Data Protection

The processing of personal data collected by MishMash through the Website is governed by MishMash’s Privacy Policy, which is available on the Website and forms an integral part of the contractual relationship between MishMash and the Customer.

MishMash processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). The Customer has the right to access, rectify, erase, restrict or object to the processing of their personal data, in accordance with applicable law.

 

Article 13 – Dispute Resolution

13.1  Complaints

Any complaint should in the first instance be submitted in writing to MishMash at hello@mishmashfood.com. MishMash will endeavour to respond within fifteen (15) business days of receipt.

 

13.2  Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the Customer may also submit a complaint through the European Commission’s Online Dispute Resolution (“ODR”) platform, available at https://ec.europa.eu/consumers/odr. MishMash’s contact email address for ODR purposes is hello@mishmashfood.com.

 

13.3  Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with Belgian law.

Any dispute arising out of or in connection with these Terms, including disputes relating to their validity, interpretation, performance or termination, that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Ghent, Belgium.

 

Article 14 – Amendments to the Terms

MishMash reserves the right to amend these Terms at any time. Amended Terms will be published on the Website with an updated version date and will enter into force on the date of publication. Continued use of the Website following the publication of amended Terms constitutes acceptance thereof. Amendments shall not affect orders that have already been confirmed prior to the date of entry into force of the amended Terms.

 

Article 15 – Severability

If any provision of these Terms is found to be invalid, void or unenforceable under applicable law, it shall be deemed severed from the remaining provisions, which shall continue in full force and effect. The invalid provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the original.

 

Article 16 – Entire Agreement

These Terms, together with the Privacy Policy and any order confirmation, constitute the entire agreement between MishMash and the Customer with respect to the purchase of Products and supersede all prior communications, representations and agreements between the parties relating to the same subject matter.

 

Contact Information

 

Mmmornings BV (trading as MishMash)

Oude Gentweg 100

9840 De Pinte

Belgium

 

Email: hello@mishmashfood.com

Website: mishmashfood.com

KBO/CBE: 1022.897.761

VAT: BE1022.897.761