Terms and conditions of my mijnnaaiatelier.nl, based in Edam Version valid from 1 september 2012
1.1 these general terms and conditions apply to all offers of MN. The conditions are accessible for everyone and included on the internet site of MN. On request we will send you a written copy.
1 .2A by placing an order you agree to the terms of delivery and payment. MN reserves the right for her delivery and/or terms of payment after the expiry of the term.
1.3 unless otherwise agreed in writing, the General or specific conditions or terms of third parties not recognized by MN.
1.4 MN warrants that the delivered product corresponds to the agreement and meets the specifications stated in the offer. As regards our counterfeit service for tube caps and sprayhoods is expressly at your own risk and this Mijnnaaiatelier.nl can not be held liable for not fit well. Will MN small adjustments can do, but there will be no new mold made by us on board the ship. Also there will be no refund for the delivered product because we clearly state that the counterfeiting entirely at your own risk. The aftercare is so limited on these products and will consist of small adjustments on the address of MN. Also serve the closures themselves to be mounted in the canvas. Should this not succeed or you think that the product does not fit then MN do this for you for an additional Assembly costs if it turns out that the fits.
2.1 delivery will take place as long as supplies last.
2.2 under the rules of the sale on distance will MN orders at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is delay, or an order for other reasons can not or only partially be carried out, then the consumer within 1 month after placement of the order message and in this case the right to cancel the order without costs and notice of default.
2.3 to the delivery obligation by MN, proof to the contrary, will be fulfilled as soon as the goods delivered to the buyer once by MN are offered. In the report delivered by the carrier, holding the refusal of acceptance, to full proof of the offer to delivery.
2.4 All terms mentioned on the internet site are indicative. To the listed terms can therefore not legally binding.
3.1 prices are not raised within the duration of the offer, unless legal measures necessary or if the manufacturer mid price increases.
3.2 all prices on the site are subject to printing errors. For the consequences of printing errors no liability is accepted.
3.3 all prices on the site are in euros.
4. Trial period/right of withdrawal
4.1 if there is a consumer purchase, in accordance with the distance selling Law (article 7:5 BW), the buyer has the right (a part of) the delivered goods within 14 days of receipt without giving any reason to cancel. You have once again after cancellation 14 days to return your product. You will then get the full order amount including shipping credited. Only the cost for return of your home to the webshop for own account. If you use your right of withdrawal, the product and – if possible – in the original condition and packaging and without damage to the entrepreneur be returned. If the goods are used in purchaser, loaded or damaged in any way, the right to dissolve within the meaning of this paragraph. To exercise this right, please contact us at email@example.com. We will then specifying the order amount within 14 days of notification of your return refund provided the product is returned already in good order. "
4.2 the right to dissolution, as described in the previous paragraph, only applies to the delivered goods and will under no circumstances pertaining to services such as customized products ordered by the client such as tube caps, furling covers, hoods, biminitop's from the classic line, tarpaulins, cockpit tents and other custom products ordered. This money also for custom cut off products including boat canvas, rope and other customized products such as rope, tape, cloth, rail profile, tube, and so on. Also on request for you ordered not regular products do not fall within this scheme.
4.3 right of withdrawal does not apply to:
- services whose implementation has started, with the agreement of the consumer, for the period of 14 working days
- goods or services the price of which is dependent on fluctuations in the financial market, on which the supplier has no influence
- goods made to the consumer's specifications are made, for example, customization, or clearly personal nature. This money also for custom cut off products including boat canvas, rope and other customized products.
- for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that rapidly decay or become obsolete
- audio or video recordings or computer programs of which the consumer has broken the seal
- the supply of newspapers, periodicals and magazines; for the services of betting and Lotteries 5. Data management
5.2 MN respects the privacy of the users of the internet site and assume a confidential treatment of your personal information.
5.3 MN makes in some cases use of a mailing list. Each mailing contains instructions to remove yourself from this list. 6. warranty and compliance
6.1 the trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations.
6.2 a the trader, manufacturer or importer as a guarantee arrangement offered does not detract from the rights and claims that the consumer a failing in the fulfilment of the obligations of the entrepreneur to the entrepreneur can do apply on the basis of the law and/or the distance contract.
6.3 the customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered thing wrong, defective or incomplete, the customer (before moving on to return to MN these defects immediately in writing to MN. Any defects or wrong delivered goods should and can look up to 1 month after delivery to MN to be reported in writing. Return of the business should be in the original packaging (including accessories and associated documentation) and in new condition condition as well. Putting into service after finding of fault, damage from the absence, encumbrance and/or resale after finding of absence, doing this right to complain and return a whole expire.
6.4 If the customer complaints are found substantiated by MN, MN or at its option replace the delivered goods free of charge or with the customer a written arrangement over the compensation, provided that the liability of MN and, consequently, the amount of compensation is always limited to a maximum of the invoice amount of the concerning business, or (vanMN of your choice) to the maximum in the case covered by the liability insurance of MN amount. Any liability of MN for any other form of damage is excluded, including additional damages in whatever form, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 MN is not liable for damages caused by intent or gross negligence on the part of non-equivalent management staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default of MN; B) the customer has prepared and / or edited the goods delivered or has been repaired or edited by third parties. C The items delivered have been exposed to abnormal conditions, have been improperly mounted, resulting in excessive wrinkle formation and distortion or otherwise treated negligently or in violation of the instructions of MN and / or instructions for use on the package; D) the invalidity is wholly or partly the result of regulations or statements made by the government as to the nature or quality of the materials used;
7.1 Offers are subject to change unless otherwise stated.
7.2 Upon acceptance of a non-binding offer by Buyer, MN reserves the right to revoke or vary the offer within 3 working days of receipt of such acceptance.
7.3 Oral commitments link MN only after they have been confirmed explicitly and in writing.
7.4 Offers from MN do not automatically apply for reset orders.
7.5 MN can not be held to its offer if the customer had to understand that the offer, or any part thereof, contained a manifest error or write-off.
7.6 Supplements, amendments and / or further arrangements are only valid if agreed in writing.
8.1 An agreement between MN and a customer is established after an order assignment by MN has been assessed for feasibility.
8.2 MN reserves the right not to accept or accept only orders or orders without the condition that the shipment is made by credit or after payment.
9. Images and specifications
9.1 All images; Pictures, drawings, etc.; O.a. Data on weights, dimensions, colors, images of labels, etc. The MN website is only approximate, indicative and can not be a source of damages or dissolution of the agreement.
10. Force majeure
10.1 MN is not liable if and insofar as its commitments can not be met as a result of force majeure.
10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at risk to her. Delay in or malfunctioning by our suppliers, Internet malfunctions, malfunctions in the electricity, malfunctions in email traffic and malfunctions or changes in third party technology, transport difficulties, workstations, government measures, delay in landing, supplier negligence and / Or MN manufacturers, as well as auxiliary personnel, staff illness, defects in auxiliary or transport means expressly as force majeure.
10.3 MN reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. In no event, MN is bound to pay any fine or damages.
10.4 If, at the commencement of force majeure, MN has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to the c.q. To invoice the available part separately and the buyer is obliged to meet this invoice as if it were a separate contract. However, this does not apply to the c.q. Deliverable part has no independent value.
111 MN is not liable for damage caused to vehicles, vessels or other objects resulting from improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all MN's sales and supplies delivered to MN will remain at MN as long as the customer has not fulfilled MN's claims under the agreement or prior or subsequent similar agreements as long as the customer fulfills the work or operations to be performed from this Or similar agreements have not yet met and as long as the customer has failed to meet MN's claims for failure to comply with such commitments, including fines, interest rates and costs, as referred to in article 3: 92 BW.
12.2 The goods delivered by MN which are subject to the preservation of title may only be resold under normal business practice and shall never be used as a means of payment.
12.3 The customer is not authorized to pledge or object to any objection under the ownership reservation.
12.4 The customer already gives unconditional and irrevocable permission to MN or a MN to appoint third party in all cases where MN wishes to exercise its proprietary rights to enter all those places where its property will be and to deal with it there take.
12.5 If third parties make confiscation of the goods delivered under title or to settle or apply rights thereon, the buyer is obliged to inform MN as soon as reasonably expected.
12.6 The customer undertakes to ensure the goods delivered under title reservation and to be insured against fire, explosion and water damage as well as theft and the policy of this insurance at first request for access to MN.
13. Applicable law / competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between MN and Buyer, which can not be resolved by mutual agreement, the competent court shall notify in the Amsterdam district, unless MN is to give the difference to the competent court of the domicile of the Subject to such disputes as belong to the jurisdiction of the district court judge.