TERMS & CONDITIONS

TERMS AND CONDITIONS

 Table of contents:

Article 1 – Identity of the entrepreneur

Article 2 – The offer

Article 3 – The agreement

Article 4 – Costs in case of withdrawal

Article 5 – Exclusion of right of withdrawal

Article 6 – The price

Article 7 – Compliance and warranty

Article 8 – Delivery and implementation

Article 9 – Payment

Article 10 – Disputes

 

Article 1 – Identity of the entrepreneur

Munki Customs

The Netherlands

Email address: munkicustoms@gmail.com

Chamber of Commerce number: 80084338

VAT identification number: NL

Article 2 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in
    particular:
      • any shipping costs;
      • the way in which the agreement will be concluded and which actions are required for this;
      • whether or not to apply the right of withdrawal;
      • the method of payment, delivery and implementation of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is filed after conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;
    • any other languages ​​in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.
    • Optional: available sizes, colors, type of materials.

Article 3 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 2, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. Information about guarantees and existing after-sales service;
  9. The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  11. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 4 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 5 – Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the entrepreneur in accordance with the consumer’s specifications;
  4. which are clearly of a personal nature;
  5. which cannot be returned due to their nature;
  6. that can spoil or age quickly;
  7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
  13. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
  14. concerning bets and lotteries.

Article 6 – The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
  7. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 7 – Compliance and Warranty

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are in conflict with the instructions of the entrepreneur and / or have been treated on the packaging;
  • The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 8 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 9 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 4, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.

Article 10 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.
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