General Terms and Conditions of Mijnnaaaiatelier, established in Purmerend
Version : 24-04-2023 (15:00)
1. General
1.1 These general terms and conditions apply to all offers from MN. The terms and conditions are accessible to everyone and are included on the MN website. On request we will send you a written copy.
1.2a By placing an order you indicate that you agree with the terms of delivery and payment. MN reserves the right to change its delivery and/or payment conditions after the term has expired.
1.3 Unless agreed otherwise in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by MN.
1.4 MN guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
If you install your window tarpaulins, veranda tarpaulins, terrace cloths and/or ziptrak system yourself, no guarantee can be claimed if it appears that this is due to improper assembly.
2. Delivery
2.1 Delivery will take place while stocks last.
2.2 In the context of the rules of distance selling, MN will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer will receive payment within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 MN's obligation to deliver will be fulfilled, subject to evidence to the contrary, once the goods delivered by MN have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer for delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the stated periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros.
4. Trial period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to cancel (part of) the delivered goods within 14 days of receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Costs for returning from you to the webshop are for your own account. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging and without damage.
If the product is damaged or the packaging is more damaged than necessary to try the product, we can pass on this depreciation of the product and/or packaging to you. So treat the product with care and make sure that it is well packaged when you return it. To exercise this right, please contact us at [email protected] . We will then refund the order amount due within 14 days after registration of your return, provided that the product has already been returned in good order.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as custom-made products commissioned by the client, such as spray hoods, custom furling jib covers, hoods, bimini tops. (with the exception of the deluxe and oceansouth bimini tops, ready-made tarpaulins), cockpit tents and other custom ordered products.
This also applies to custom-cut products such as boat cloth, rope and other custom-made products such as rope, tape, cloth, rail profile, tube, and so on. Non-regular products ordered for you on request are also not covered by this scheme.
4.3 The right of withdrawal does not apply to:
5.1 If you place an order with MN, your data will be included in MN's customer database. MN adheres to the GDPR Act. For more information about our privacy policy, we advise you to read our privacy policy.
5.2 MN respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 In some cases, MN uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and Conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
6.2 A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and /or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before proceeding to return it to MN) immediately report these defects to MN in writing. Any defects or incorrectly delivered goods delivery must be reported to MN in writing. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after detection of a defect, damage after detection of a defect, encumbrance and/or resale after If a defect is found, this right to complain and return will lapse completely.
6.4 If complaints from the customer are found to be well-founded by MN, MN will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that MN's liability and therefore the amount of the compensation will always is limited to a maximum of the invoice amount of the goods in question, or (at the option of MN) to the maximum amount covered by MN's liability insurance in the relevant case. Any liability of MN for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
The consumer can address his or her complaints to Mijnnaaiatelier.nl via[email protected] or by phone on +3185-2088459 . If the consumer and Mijnnaaiatelier.nl cannot come to an agreement together, the consumer can turn to the Webwinkelkeur foundation , which can mediate between the entrepreneur and the consumer. You can also report complaints to the European ODR platform.
6.5MN is not liable for damage caused by intent or equivalent deliberate recklessness on the part of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards MN; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C the delivered goods have been exposed to abnormal conditions, have been mounted incorrectly resulting in excessive creases and deformations or have otherwise been handled carelessly or have been treated contrary to the instructions of MN and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If a non-binding offer is accepted by the buyer, MN reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are only binding on MN after they have been expressly confirmed in writing.
7.4 Offers from MN do not automatically apply to repeat orders.
7.5 MN cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between MN and a customer is concluded after an order assignment has been assessed for feasibility by MN.
8.2 MN reserves the right, without stating reasons, not to accept orders or assignments or to accept them only on the condition that shipment is made cash on delivery or after payment in advance.
9. Images and Specifications
9.1 All images; photos, drawings, etc.; data regarding weights, dimensions, colours, images of labels, etc. on the MN website are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. Force majeure
10.1 MN is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or or manufacturers of MN as well as auxiliary persons, illness of personnel, defects in aids or means of transport are expressly regarded as force majeure.
10.3 In the event of force majeure, MN reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be changed in such a way that execution remains possible. Under no circumstances is MN obliged to pay any fine or compensation.
10.4 If MN has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 MN is not liable for damage to objects, vehicles, vessels and/or any personal injury to people or animals resulting from failure to follow the instructions for use on the packaging and/or consulting our website. The use of the coro ex hand gel sold by us is at your own risk, given that this is not an approved product. This product is therefore not suitable for professional use in healthcare institutions or hospitals. Mijnnaaiatelier.nl can therefore not be held liable for any form of legal prosecution.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by MN to the customer remains with MN as long as the customer has not paid MN's claims under the agreement or previous or later similar agreements, as long as the customer has performed or still to be performed work under this agreement. or similar agreements and as long as the customer has not yet paid MN's claims for failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3: 92 Civil Code.
12.2 The goods delivered by MN that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
12.4 The customer hereby gives unconditional and irrevocable permission to MN or a third party to be appointed by MN, in all cases where MN wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there. to take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform MN of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection to MN upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes ensuing from an agreement between MN and the buyer that cannot be resolved in mutual consultation will be heard by the competent court within the district of Amsterdam, unless MN prefers to submit the difference to the competent court of the place of residence of the buyer. buyer, and with the exception of those disputes that fall within the competence of the subdistrict court judge.
Version : 24-04-2023 (15:00)
1. General
1.1 These general terms and conditions apply to all offers from MN. The terms and conditions are accessible to everyone and are included on the MN website. On request we will send you a written copy.
1.2a By placing an order you indicate that you agree with the terms of delivery and payment. MN reserves the right to change its delivery and/or payment conditions after the term has expired.
1.3 Unless agreed otherwise in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by MN.
1.4 MN guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
If you install your window tarpaulins, veranda tarpaulins, terrace cloths and/or ziptrak system yourself, no guarantee can be claimed if it appears that this is due to improper assembly.
2. Delivery
2.1 Delivery will take place while stocks last.
2.2 In the context of the rules of distance selling, MN will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer will receive payment within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 MN's obligation to deliver will be fulfilled, subject to evidence to the contrary, once the goods delivered by MN have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer for delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the stated periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros.
4. Trial period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to cancel (part of) the delivered goods within 14 days of receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Costs for returning from you to the webshop are for your own account. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging and without damage.
If the product is damaged or the packaging is more damaged than necessary to try the product, we can pass on this depreciation of the product and/or packaging to you. So treat the product with care and make sure that it is well packaged when you return it. To exercise this right, please contact us at [email protected] . We will then refund the order amount due within 14 days after registration of your return, provided that the product has already been returned in good order.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as custom-made products commissioned by the client, such as spray hoods, custom furling jib covers, hoods, bimini tops. (with the exception of the deluxe and oceansouth bimini tops, ready-made tarpaulins), cockpit tents and other custom ordered products.
This also applies to custom-cut products such as boat cloth, rope and other custom-made products such as rope, tape, cloth, rail profile, tube, and so on. Non-regular products ordered for you on request are also not covered by this scheme.
4.3 The right of withdrawal does not apply to:
- services the performance of which, with the consent of the consumer, has begun for the period of 14 working days
- goods or services whose price depends on fluctuations in the financial market over which the supplier has no influence
- goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character. This also applies to custom-cut products such as boat cloth, rope and other custom-made products.
- for goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or become obsolete quickly
- audio and video recordings and computer software of which the consumer has broken the seal
- delivery of newspapers and magazines; for betting and lottery services
5.1 If you place an order with MN, your data will be included in MN's customer database. MN adheres to the GDPR Act. For more information about our privacy policy, we advise you to read our privacy policy.
5.2 MN respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 In some cases, MN uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and Conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
6.2 A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and /or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before proceeding to return it to MN) immediately report these defects to MN in writing. Any defects or incorrectly delivered goods delivery must be reported to MN in writing. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after detection of a defect, damage after detection of a defect, encumbrance and/or resale after If a defect is found, this right to complain and return will lapse completely.
6.4 If complaints from the customer are found to be well-founded by MN, MN will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that MN's liability and therefore the amount of the compensation will always is limited to a maximum of the invoice amount of the goods in question, or (at the option of MN) to the maximum amount covered by MN's liability insurance in the relevant case. Any liability of MN for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
The consumer can address his or her complaints to Mijnnaaiatelier.nl via[email protected] or by phone on +3185-2088459 . If the consumer and Mijnnaaiatelier.nl cannot come to an agreement together, the consumer can turn to the Webwinkelkeur foundation , which can mediate between the entrepreneur and the consumer. You can also report complaints to the European ODR platform.
6.5MN is not liable for damage caused by intent or equivalent deliberate recklessness on the part of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards MN; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C the delivered goods have been exposed to abnormal conditions, have been mounted incorrectly resulting in excessive creases and deformations or have otherwise been handled carelessly or have been treated contrary to the instructions of MN and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If a non-binding offer is accepted by the buyer, MN reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are only binding on MN after they have been expressly confirmed in writing.
7.4 Offers from MN do not automatically apply to repeat orders.
7.5 MN cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between MN and a customer is concluded after an order assignment has been assessed for feasibility by MN.
8.2 MN reserves the right, without stating reasons, not to accept orders or assignments or to accept them only on the condition that shipment is made cash on delivery or after payment in advance.
9. Images and Specifications
9.1 All images; photos, drawings, etc.; data regarding weights, dimensions, colours, images of labels, etc. on the MN website are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. Force majeure
10.1 MN is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or or manufacturers of MN as well as auxiliary persons, illness of personnel, defects in aids or means of transport are expressly regarded as force majeure.
10.3 In the event of force majeure, MN reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be changed in such a way that execution remains possible. Under no circumstances is MN obliged to pay any fine or compensation.
10.4 If MN has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 MN is not liable for damage to objects, vehicles, vessels and/or any personal injury to people or animals resulting from failure to follow the instructions for use on the packaging and/or consulting our website. The use of the coro ex hand gel sold by us is at your own risk, given that this is not an approved product. This product is therefore not suitable for professional use in healthcare institutions or hospitals. Mijnnaaiatelier.nl can therefore not be held liable for any form of legal prosecution.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by MN to the customer remains with MN as long as the customer has not paid MN's claims under the agreement or previous or later similar agreements, as long as the customer has performed or still to be performed work under this agreement. or similar agreements and as long as the customer has not yet paid MN's claims for failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3: 92 Civil Code.
12.2 The goods delivered by MN that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
12.4 The customer hereby gives unconditional and irrevocable permission to MN or a third party to be appointed by MN, in all cases where MN wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there. to take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform MN of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection to MN upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes ensuing from an agreement between MN and the buyer that cannot be resolved in mutual consultation will be heard by the competent court within the district of Amsterdam, unless MN prefers to submit the difference to the competent court of the place of residence of the buyer. buyer, and with the exception of those disputes that fall within the competence of the subdistrict court judge.