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Terms & Conditions
TERMS & CONDITIONS W.O.M. AMSTERDAM / MAYFORD
If you have any questions about these Terms & Conditions, the Products or your Order, please contact us by means of the Contact Form on the Website or by e-mail to [email protected]
The applicability of the General terms and conditions of the Customer is explicitly rejected by Mayford.
ART. 1 DEFINITIONS
In these terms and conditions the following terms shall have the meanings set forth below:
TERMS & CONDITIONS: the terms and conditions of sale;
MAYFORD: the user of the terms and conditions, V.O.F. W.O.M. Amsterdam, warehouse at
Handelskade 12, 5211 TH, ‘s-Hertogenbosch, The Netherlands, registered at the trade register of the Chamber of Commerce under number 69063818, VATnr. NL857712913B01, contact via [email protected]. Mayford is a trade name and a brand of W.O.M. Amsterdam;
PRICING: the prices of the products;
LONG-DISTANCE SELLING: online sales or by telephone;
ORDER: an order of Products via the Website;
ORDER CONFIRMATION: the e-mail sent by Mayford to you with the acceptance of your Order;
CONTRACT/AGREEMENT: the contract for the purchase of products and/or services between you and Mayford;
CUSTOMER: Mayford’s other party, a consumer (natural person) or a company / corporation (legal entity);
YOU/YOUR: the customer who enters a Contract through the Website;
WEBSITE/WEBSHOP: the website www.Mayford.com;
PRODUCTS: the products which Mayford sells through the Website.
ART. 2 APPLICATION
1.These Terms and Conditions apply to all orders placed via the webshop www.Mayford.com.
2.By placing an order the customer accepts and understands the application of the Terms and Conditions.
3.Mayford reserves the right to make interim changes to these General terms and conditions. The amended General terms and conditions will then also apply to the existing Agreement between Customer and Mayford. Changes are announced in writing and shall enter into force 14 days after publication or on a later date as mentioned in the announcement.
ART. 3 AGREEMENT
An agreement is established from the moment an order confirmation is sent to the e-mail address given by the customer. The customer and Mayford agree that through the use of electronic communication a valid agreement is formed and comes into existence as soon as this order confirmation has been sent to the customer. The electronic files of Mayford apply, as far as the law allows, hereby as a supposition of evidence.
ART. 4 PERSONAL DATA
1.Mayford is holder of registrations according to the ‘Wet Bescherming Persoonsgegevens’ (Personal Data Protection Act).
2.The data given by the customer, will be treated with confidence and only used as the law indicates and for the following purposes:
– To process the order, payment and delivery to the correct delivery address
– To improve the user friendliness of the website/webshop
– To provide information about sales, special offers and a newsletter (if selected by customer)
ART. 5 OFFER
1.Information (on the website, by e-mail, verbal, by telephone), photos or images given by Mayford about the products are as accurate as possible. Mayford can’t guarantee all products fully resemble with the information given. Deviations are initially no motive for compensation and/or ending the agreement. If the product fully deviates from the description given on the website, Mayford will take suitable actions to concede the customer.
2.Mayford can’t be held to the offer if the customer, in terms of reasonableness of social understanding could have understood that the offer contains an obvious mistake or miswriting.
ART. 6 PRICES
- The prices of the Products are mentioned on the Webshop.
- If there is no price mentioned on the Webshop, Mayford will determine and pronounce the price to the customer.
- Special offers are only valid for the period mentioned on the website in relation to that special offer.
- The prices quoted by Mayford on the Webshop are in Euro / US Dollar / GPB and include VAT and are based on price-determining factors related to the time of the Order. All prices are including shipping costs ( UPS or Post NL )
- Any import duties and customs fees come for account of the Customer.
- Mayford is entitled to increase the prices. If the Customer is a consumer, the Customer is entitled to dissolve the Agreement if the price is increased within 3 months after the closing of the Agreement, unless the agreed upon delivery time takes longer than 3 months after the sale. After expiry of this period, the Customer shall be entitled to dissolve the Agreement if the increase of the price is more than 10%. The Customer does not have the right to dissolve the Agreement if the increase of the price is the result of a jurisdiction under the law.
- It will be explicitly mentioned in the Webshop and on the invoice if Mayford uses the normal VAT scheme.
ART. 7 PAYMENTS
- The payment must be made directly at the time the Order is placed using the payment options offered on the Webshop like Ideal, PayPal, Mastercard, Visa, American Express, Maestro, Bancontact / Mister Cash and SOFORT Banking.
- Another possibility is that Mayford sends an invoice with a payment term of 7 days, when the payment is received, the Product will be sent, unless otherwise agreed.
- If the Customer is a consumer and has not made (full) payment within the first term, Mayford will send a written reminder (notice) for payment of the outstanding amount within 7 days including the legal interest (under notice of the extrajudicial collection costs). If the Customer also fails to make the (full) payment within the second term, he will also be charged with the extrajudicial collection costs.
- If the Customer is a company/corporation (legal entity) and has not made (full) payment within the first term, he will be charged with the extrajudicial collection costs as well as with the statutory commercial interest starting from the day the term has expired.
- If payment fails within the stated term, Mayford is entitled to suspend its work/delivery or dissolve the Agreement without any obligation of compensation by Mayford.
- A complaint of the Customer does not suspend the payment obligation.
- In the event of liquidation, bankruptcy, confiscation/seizure, suspension of payment of the Customer, administration order or guardianship order all debts and claims Mayford has on the Customer are immediately due and payable.
ART. 8 DELIVERY AND SHIPPING COSTS
- Orders will be shipped and delivered by UPS or PostNL
- All prices are excluding shipping costs
- Shipping costs are displayed during the Order. These shipping costs come in addition to the (sale) price.
- The shipping costs are also always listed under “payment and shipping costs”. If the delivery address does not fall within the regions listed on the Webshop or a different delivery method is chosen, Mayford will charge separate shipping costs to delivery.
- When a delivery term/date is agreed upon by Mayford, given term/date shall never be regarded as a strict (final) deadline. When exceeding the agreed upon term/date the Customer shall sent Mayford a written notice of default.
- The Customer shall examine the Products when they are delivered. The Customer has to check if the delivery matches that which is agreed upon, namely:
- If the right goods are delivered;
- If the amount and/or number of goods delivered are in accordance with the Agreement;
- If the goods delivered meet the requirements set for Products based on the information from the Webshop.
- When delivery is delayed, the Customer has no entitlement to refuse the delivery.
- If delivery of an ordered Product proves to be impossible, Mayford will try to find a suitable alternative. The Customer is not obligated to make use of this offer.
- Delivery takes place at the customers address, as provided and stated in the agreement. Erroneous or incorrect filling in of the address is for risk and account of the customer;
ART. 9. LONG-DISTANCE SELLING
- This provision applies only to Long-distance sales with Customers who are consumers who have ordered online by Webshop:
- the consumer shall receive a confirmation by e-mail for his or her Order;
- the consumer has the right to a sound Product that meets the quality as listed on the Webshop;
- these General terms and conditions which are checked by the consumer as seen prior to the completion of the Order are listed on the website or are findable on the website or are sent to the consumer by e-mail if they request a quote. These General terms and conditions are in PDF-format which can be saved by the consumer;
- the payment method is made known during the Order;
- the consumer himself fills in the address and contact details used for the delivery of the Product. Erroneous or incorrect filling in of the address is for risk and account of the consumer;
- statutory cooling-off period: from the day the Product is received, the consumer has a cooling-off period of 14 days. After use of the cooling-off period, you must return the Product within 14 days. Refund of the purchase price takes place within 14 days, but never before the Product is returned correctly. The cooling-off period does not apply to Products that cannot be returned because of sanitary or health reasons, Products with regard to leisure, time-based Products (loose magazines or newspapers), Products of which the sealing/seal is broken, Products specially made, Products that are perishable, quickly spoil or digital Products/downloads, emergency repairs and services;
- returns: if the consumer wishes to return the Product, the consumer has to return the Product/Products together with the return form within the applicable time limit and subject to the applicable terms and conditions;
- costs of returns are not reimbursed, unless there’s a damaged or defective Product. Mayford assesses whether there is a damaged or defective Product. The costs of return are also listed on the Webshop prior to the placement of the Order. If the consumer chooses for a more expensive shipping method than the standard shipping method, Mayford will only reimburse the cost of standard shipping, provided the return meets the conditions listed above.
- If there is an obvious textual error on the Webshop, one must hold in regard that the right price/right information will be given by the time the error is known by Mayford.
- The above provisions under paragraph 1: a, b, c, d, e, g, h and 2 also apply to companies/corporations (legal entities). Instead of ‘consumer’ one must read ‘company/corporation (legal entity)’.
ART. 10 RETURNS
- If the Customer wants to make a return, the Customer has to make use of the return form which is sent along with the Product.
- The return shipment must be notified to Mayford in advance per e-mail. If applicable, there will be additional shipping instructions upon receipt of the Product.
- Returns are only possible if packaging and Product are in the same condition as in which they were delivered. The Customer has to keep a proof of dispatch.
- If the Customer is a consumer, the Customer may return the Product (with the exception of Products mentioned in paragraph 6) without stating any reasons within 30 days after the Product is received.
- If the Customer is a company/corporation (legal entity), the Customer may return the Product (with the exception of Products mentioned in paragraph 6) without giving any reasons within 7 days after the Product is received, unless agreed upon otherwise.
- The shipping costs for returning a Product come at the Customer’s expense, unless there is a damaged or defective Product as determined by Mayford, also see article 9 paragraph 1 under h.
- Once the return is received by Mayford, Mayford will make a full refund on the account number as indicated by the Customer as soon as possible, yet no later than within the legal term of 30 days.
ART. 11 TRANSFER OF RISK
- The delivery shall be made at the address as specified by the Customer. Customer himself fills in the address and contact details used for the delivery of the Product. Erroneous or incorrect filling in of the address (and any resulting additional costs) is for risk and account of the consumer.
- All risk is transferred to the Customer the moment he, or a by the Customer designated third party, receives the ordered Products.
- When the Customer chooses a carrier that is not offered by Mayford, the risk transfers to the carrier the moment the carrier receives the Products.
- If the Product gets lost, damaged, stolen or in any other way extinguished before the delivery (and transfer of risk), Mayford will try to offer the Customer, under the same conditions, a similar Product. The Customer is not obligated to make use of this offer. Mayford is not liable to pay any compensation to the Customer.
ART. 12 SUSPENSION, CANCELLATION AND TERMINATION
- Mayford is authorized to suspend the fulfillment of its obligations or to terminate the Agreement if:
- Customer does not fulfill or partially fulfill its obligations under the Agreement;
- After the conclusion of the Agreement, Mayford becomes aware of circumstances giving good ground to fear that the Customer will not fulfill his obligations. If there are legitimate concerns that the Customer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far justified by the shortcoming;
- If the Agreement is dissolved, all claims of Mayford towards the Customer are immediately due and payable.
- The Customer may cancel the Order in writing (by e-mail) free of charge as long as the Order is not yet confirmed.
- Mayford always retains the right to claim damages.
ART. 13 WARRANTIES
- Mayford will deliver a Product that matches the quality the Customer may expect given the Agreement and specifications listed on the website.
- Any claim by the Customer related to the delivered Products will be void, if:
- the Products are not identifiable (anymore) as coming from Mayford;
- the defects of the Products result (partly) from normal wear and tear, improper and/or incorrect treatment, assembly, use and/or storage, maintenance or repairs (by third parties);
- Mayford has not immediately been given the opportunity by the Customer to access/inspect the complaint and fulfill her obligations;
- The Customer has not, non-timely or improperly complied with the obligations incumbent upon him.
- Defects and/or complaints about faulty Products should be communicated in writing as stated in the complaints procedure.
ART. 14 COMPLAINTS PROCEDURE
- Visible defects or shortcomings found on the Product upon delivery should immediately be communicated (motivated) in writing to Mayford.
- The Customer must notify Mayford of any found defects regarding the Product, within 14 days after discovery, or when discovery was reasonably possible, in writing (motivated) while citing the invoice- and product data. The terms for companies/corporations (legal entities) are established under penalty of loss when exceeded.
- In case of a justified complaint, Mayford has the choice to either adjust the invoiced price, to improve or deliver a similar Product or to proportionally reimburse the Customer.
- A complaint of the Customer does not suspend the payment obligation.
ART. 15 INTELLECTUAL PROPERTY RIGHT
- The customer acknowledges that all rights of intellectual properties of presented information, images, announcements or other expressions related to the products, website (or promotion of it) lies with Mayford or other entitled persons.
- Intellectual property includes patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial methods and concepts are from Mayford.
- Customer may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission form W.O.M.Amsterdam.
- It is explicitly forbidden to use pictures and/or texts of the Webshop without the express written permission of Mayford.
ART. 16 FORCE MAJEURE
- If one or both parties are not able to fulfill their obligation as a result of a circumstance for which one cannot be blamed, such as force majeure, then none of the parties will be held liable.
- Both parties have the possibility as long as the force majeure lasts to postpone the agreement. If this period takes longer than 2 months, both parties are entitled to end the agreement without any obligation for compensation to the other party.
ART. 17 RETENTION OF TITLE
- The in the context of this Agreement delivered Products remain the property of Mayford until all obligations resulting from the conducted Agreement are properly fulfilled by the Customer.
- The retention of title extends to already delivered Products as well as to Products yet to be delivered under this Agreement.
- The by Mayford supplied products, which pursuant to paragraph 1 fall under the retention of title, may not be resold (unless selling these Products belongs to the usual course of business) and may never be used as means of payment. The Customer is not entitled in any way to encumber the goods falling under the retention of title.
- If third parties (threaten to) seize Products subject to retention of title or wish to establish or assert rights thereto, Customer is obligated to immediately notify Mayford thereof.
- In case Mayford wishes to exercise the ownership rights mentioned in the present article, the Customer gives, in advance, an unconditional and non-revocable permission to Mayford and to third parties, to be appointed by Mayford, to enter all places where properties of Mayford are located to take them back.
ART. 18 LIABILITY
- The Customer himself is at all times responsible for compliance with, and overlook on, safe and responsible use of the Products.
- In case Mayford is liable, the liability is limited to what is settled in this article.
- If Customer proves that he has suffered damage by an act or omission by Mayford, which would be avoided if acted carefully and expertly, Mayford is liable for the damage equal to (no more than once) the declaration amount of the Agreement, or at least to that part of the Agreement to which the liability relates.
- Mayford always has the right to, as far as possible, prevent or reduce the damage suffered by the Customer.
- Damage is solely defined as damage to persons, damage to property and direct financial loss.
- Mayford shall never be liable for indirect damages, including consequential damages, lost profits and lost savings.
- The limitations contained in these terms of liability for damages shall not apply if the damage is due to intent or gross negligence by the leadership of Mayford.
- Mayford does not guarantee a correct and/or complete transmission of the contents of a transmitted e-mail, nor for the timely receipt thereof.
- Mayford shall not be liable for damage of any kind caused by the fact that Mayford used, as assumed correct, erroneous or incorrect information given by the Customer, unless Mayford should have been aware of this error or incorrectness.
- The in this article set out limitations of liability are also stipulated for the benefit of persons or third parties engaged by Mayford, who may therefore directly invoke these limitations of liability.
ART. 19 INDEMNIFICATION
- The Customer shall indemnify Mayford, including subordinates and/or assistants against claims by third parties relating to intellectual property on material or data provided by the Customer.
- Customer shall indemnify Mayford against any claims by third parties, who suffer damage because of the execution of the Agreement by Mayford, which is attributable to the Customer.
- Customer shall indemnify Mayford against claims of third parties for damage caused because Customer provided incorrect or incomplete information to Mayford.
- Customer shall indemnify Mayford against all claims from third parties – including shareholders, directors, supervisory board and personnel, as well as affiliated legal entities and businesses and others who are involved with – deriving or related to the work of Mayford for the benefit of the Customer.
- Customer shall indemnify Mayford against claims from third parties where Mayford is seen as perpetrator of the Customer.
ART. 20 GOVERNING LAW
- Dutch law applies exclusively to all the rights, obligations, offers, orders and agreements.
- All disputes between both parties will only be settled by a competent Dutch court appointed for that purpose.
- Unless the cantonal judge is authorized to resolve the dispute, all disputes shall be resolved by the competent court in the district in which Mayford has its registered office. Nevertheless, Mayford has the right to submit the dispute to the competent court according to the law.
- The Vienna Sales Convention is expressly excluded.
ART. 21 FINAL PROVISION
- Should any provisions of these General terms and conditions are contrary to mandatory law from civil code 7 on sale to consumers, the law shall prevail.
- If one or more provisions of these general terms and conditions should be null and void or be destroyed, the remaining provisions still apply. Mayford and Customer will then discuss new stipulations replacing the null and void or destroyed provisions to agree upon, for as much as possible to the purpose and intent of the original provision(s).
General terms and conditions of sale and delivery Mayford – Updated May 2018