Terms and conditions Menina Amsterdam
1. Menina Amsterdam: Menina Amsterdam, established in Tilburg under Chamber of Commerce no. 53935705.
2. Customer: the person with whom Menina Amsterdam has entered into an agreement.
3. Parties: Menina Amsterdam and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Menina Amsterdam.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
All prices used by Menina Amsterdam are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Menina Amsterdam uses for its products or services, on its website or otherwise made known, Menina Amsterdam can change at any time.
Increases in the cost prices of products or parts thereof, which Menina Amsterdam could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
In order to offer you Klarna's payment methods, we may pass on your contact and order details to Klarna during checkout, so that Klarna can assess whether you are eligible for Klarna's payment methods and tailor these payment methods for you. . Your personal data will be processed in accordance with Klarna's privacy statement .
Consequences of not paying on time
If the customer does not pay within the agreed term, Menina Amsterdam is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month becomes a whole month. is counted.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Menina Amsterdam.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Menina Amsterdam may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Menina Amsterdam against the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Menina Amsterdam, he is still obliged to pay the agreed price to Menina Amsterdam.
Right of advertising
As soon as the customer is in default, Menina Amsterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Menina Amsterdam invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer shall deliver the products where this is the case
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Menina Amsterdam, unless the parties make other agreements about this.
The costs of returning or returning the products are the responsibility of the customer.
Right of withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- The product has not been used.
- It is not a product that can spoil quickly, such as food or flowers.
- It is not a product that has been specially tailored or adapted for the consumer.
- It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.).
- The product is not a journey, transport ticket, catering assignment or form of leisure activity.
- The product is not a loose magazine or loose newspaper.
- It is not an (order for) urgent repair.
- The consumer has not waived his right of withdrawal.
The cooling-off period of 14 days as referred to in paragraph 1 starts on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription.
The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded from the website of Menina Amsterdam, www.menina-amsterdam.nl.
The consumer is obliged to return the product to Menina Amsterdam within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to Menina Amsterdam on time, Menina Amsterdam will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer. .
The costs for delivery are only for the account of Menina Amsterdam insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
right of retention
Menina Amsterdam can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Menina Amsterdam, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Menina Amsterdam.
Menina Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to Menina Amsterdam against a claim against Menina Amsterdam.
Retention of title
Menina Amsterdam remains the owner of all delivered products until the customer has fully fulfilled all its payment obligations towards Menina Amsterdam on the basis of whatever agreement concluded with Menina Amsterdam, including claims regarding shortcomings in performance.
Until that time, Menina Amsterdam can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products .
If Menina Amsterdam invokes its retention of title, the agreement will be deemed to have been dissolved and Menina Amsterdam will be entitled to claim compensation, lost profit and interest.
Delivery takes place while stocks last.
Delivery takes place at Menina Amsterdam, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Menina Amsterdam has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Menina Amsterdam.
The delivery times stated by Menina Amsterdam are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Menina Amsterdam.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Menina Amsterdam cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarding agent or delivery person before receiving the product, failing which Menina Amsterdam cannot be held liable for any injury.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Menina Amsterdam prior to transport, failing which Menina Amsterdam cannot be held liable for any damage.
1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products are entirely for the account
2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.
The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.
Exchanging purchased items is only possible if the following conditions are met:
- Exchange takes place within 14 days after purchase on presentation of the original invoice.
- The product is returned in its original packaging or with the original (price) tags still attached.
- The product has not yet been used.
Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer and Customized products cannot be exchanged.
The customer indemnifies Menina Amsterdam against all third-party claims related to the products and/or services supplied by Menina Amsterdam.
The customer must examine a product or service provided by Menina Amsterdam as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Menina Amsterdam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Menina Amsterdam of this within 1 month after the discovery of the shortcomings.
The customer provides a description of the shortcoming that is as detailed as possible, so that Menina Amsterdam is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Menina
Amsterdam can be held to perform other work than has been agreed.
Notice of default
The customer must notify Menina Amsterdam of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches Menina Amsterdam (in time) .
Joint and several liability customer
If Menina Amsterdam enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Menina Amsterdam on the basis of that agreement.
Liability Menina Amsterdam
1. Menina Amsterdam is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Menina Amsterdam is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Menina Amsterdam is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Menina Amsterdam is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Menina Amsterdam expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement if Menina Amsterdam imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Menina Amsterdam is not permanently or temporarily impossible, dissolution can only take place after Menina Amsterdam is in default.
Menina Amsterdam has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Menina Amsterdam has become aware of circumstances that give it good grounds to fear that the customer will obligations will not be properly fulfilled.
Force of the majority
In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Menina Amsterdam in the fulfillment of any obligation towards the customer cannot be attributed to Menina Amsterdam.
attributed in a situation independent of the will of Menina Amsterdam, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Menina Amsterdam.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Menina Amsterdam cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Menina Amsterdam can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Menina Amsterdam does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantages as a result of the force majeure situation.
Change of the agreement
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of general terms and conditions
1. Menina Amsterdam is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Menina Amsterdam will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Menina Amsterdam.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Menina Amsterdam had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Menina Amsterdam is established / practices / has its office
is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drawn up on June 22, 2021.
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