TERMS AND CONDITIONS

from:

MTD BV on museumgifts.nl

Flevolaan 14

1382 JZ Weesp.

 

Email: info@museumgifts.nl

www.museumgifts.nl

Chamber of Commerce reg. No. 39084102

 

Article 1 General

 

a. These general terms and conditions apply to all offers and agreements whereby MTD BV delivers goods of any kind to the buyer. Deviations from these general terms and conditions are only valid if expressly agreed in writing.

 

b. The applicability of any general terms and conditions of the buyer is hereby expressly excluded. Only these conditions apply between the buyer and MTD BV.

 

c. Once MTD BV has delivered goods to the buyer, the buyer is deemed to be tacitly aware of the applicability of these terms and conditions and to have agreed to these terms and conditions in all subsequent (purchase) agreements concluded with MTD BV, regardless of whether such (purchase) agreement has been confirmed in writing.

 

Article 2 Offers / quotations

 

Offers and quotations are without obligation, unless explicitly stated otherwise. MTD BV is authorized to change the prices. In the absence of a written order confirmation, the invoice from MTD BV is deemed to fully and correctly represent the content of the agreement.

 

Article 3 Prices, price changes and shipping costs

 

a. The prices of MTD BV include VAT. Any other levies imposed by the government are not included.

 

Article 4 delivery

 

a. All (delivery) periods stated by MTD BV have been determined to the best of its knowledge on the basis of the information known to MTD BV when the agreement was entered into and will be observed as much as possible; the mere exceeding of a specified (delivery) term does not result in MTD BV's default. The delivery period starts from the moment that payment is received and the data that MTD BV needs for the execution of the agreement have been received.

b. MTD BV 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.

c. Delivery takes place by regular mail or DHL, unless otherwise agreed between the parties. The risk of shipping in this way is for the account of the seller. The administration of MTD BV serves as proof that the purchased item has been sent. If it is found that the purchased item has been sent, this is considered to be delivered and delivered. If desired by the buyer, the purchased item can be sent for additional security by registered mail with confirmation of receipt; the additional costs of this shipping method will be borne by the buyer.

 

Article 5 payment

 

a Payment is made exclusively by bank transfer or Ideal.

 

b. Objections to the amount of the invoices do not suspend the payment obligation.

 

Article 6 Complaint term

 

a. The buyer is obliged to unpack the delivered goods immediately upon receipt and to check whether the consignment corresponds to the order and the enclosed invoice.

 

b. Complaints must be notified to MTD BV in writing and with reasons within a maximum of eight days after the date of delivery. Any claim for compensation for damage, repair or replacement of any delivered item, for whatever reason, as well as any right to dissolve the agreement lapses if the complaint is not timely reported. Delivery date means two days after the date stated on the invoice.

 

c. During the handling of a complaint with MTD BV, the buyer is not entitled to dissolve the agreement.

d. Return of goods requires the prior written permission of MTD BV.

e. In the event of a justified complaint, MTD BV is only obliged to replace the goods in question within a reasonable period of time, or to credit the agreed purchase price to the buyer in whole or in part.

 

Article 7 Non-attributable shortcoming: force majeure

 

a. MTD BV is not liable for damage attributable to force majeure.

 

b. Force majeure is understood to mean (among other things) circumstances that cannot be attributed to MTD BV and that result in the agreement not being able to be performed by MTD BV, or which cannot reasonably be expected of MTD BV according to social standards.

 

c. If MTD BV is hindered by force majeure in the execution of the agreement, it is entitled to suspend delivery until the force majeure in question has ceased to exist, or to dissolve the agreement in whole or in part, without being obliged to pay any compensation.

 

Article 8 Liability for damage

 

a. The total liability of MTD BV due to an attributable shortcoming in the fulfillment of the agreement is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (excluding VAT).

 

b. MTD BV is in no way liable for consequential damage of the buyer.

 

Article 9 Intellectual property and copyrights

 

a. MTD BV retains all copyrights to the sold work. MTD BV does not in any way transfer copyrights to the buyer as a result of the purchase.

 

b. The purchased item is only intended to be used by the buyer and may not be reproduced, made public or made available to third parties without the prior consent of MTD BV.

 Article 10 Shipping and returns

a. Shipping

As soon as your order has been placed and successfully completed, the order will be shipped within 2 to 3 working days. Usually within 48 hours.

You will receive a confirmation email as soon as the order is shipped. This email is a confirmation that the order has been shipped and is on its way. Please note that this email may end up in your spam box.

The following delivery times apply from the moment the shipping confirmation is sent:

Netherlands: Within 48 hours

Within Europe: 3-5 working days

Outside Europe: 5-10 working days

b. Returns

You can return your order to Museumgifts.nl Flevolaan 14 1382 JZ Weesp within 30 days of receipt, without giving any reason. You pay the return costs yourself (unstamped shipments will be refused). Products can only be exchanged in undamaged condition. If we have sent a wrong product or the article is damaged, we will of course refund the shipping costs incurred to your account.

Before a product leaves our home, it is thoroughly checked for production errors. If you have nevertheless received a product with a production defect, it will of course be replaced free of charge. Shipping costs incurred will be fully refunded upon receipt of the product.

 If you want to exchange / return an item, you must take the following steps:

Enclose a cover letter with the package

Pack the items in such a way that damage is avoided

In the case of credit (purchase amount including transmission costs); this will be done within 7 days after receipt of the return shipment. Return shipments that are returned unstamped will not be accepted, because a penalty portion must be paid for this.

If you have any further questions or comments, you can always email us at: info@museumgifts.nl

 

Article 11 Disputes

 

a. All disputes between MTD BV and the buyer will be exclusively settled by the competent court in Haarlem, insofar as any legal text does not exclude this choice of forum.

 

b. Parties of whatever nationality declare Dutch law applicable regardless of the place of delivery of any item. The applicability of the Vienna Sales Convention is expressly excluded.

 

c. Insofar as any provision in these conditions or in the agreement with the buyer is held by the court to be void, voidable or ineffective, this does not affect the other provisions in these conditions and (or) in the agreement concluded between the parties.

 

Article 12 Privacy

1. MTD BV will process the data of the buyer and include it in one or more files.

2. The purpose of the processing of the data is that MTD BV can fulfill the agreement. If compliance with the agreement makes this necessary, the data will also be provided to third parties.

3. The buyer can view his data. To this end, the buyer must request MTD BV in writing (e-mail or letter). MTD BV will then provide an overview of the data available to it within four weeks. If the buyer is of the opinion that his or her data should be corrected, supplemented or removed, the buyer must request this in writing (e-mail or letter) to MTD BV.

 

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