General terms and conditions

General terms and conditions The Menner

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Article 2 - Identity of the entrepreneur

The Menner VOF trading as: The Menner
Branch address: Uilebaardlaan 24 3772 PN Barneveld
Visiting address (by appointment only): Scherpenzeelseweg 39 3772 MD Barneveld Netherlands
Phone: (+31) 06 - 55536461
E-mail address: info@demenner.nl
Website: www.demenner.nl
Chamber of Commerce number 53188659
VAT number 850786253B01

Article 3 - Applicability

1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
5. The entrepreneur is authorised to use intermediaries and other third parties in the execution of an agreement with the customer. In that case, these general terms and conditions also apply in full.

Article 4 - The offer

1. An offer is valid while stocks last. If an offer has a limited period of validity and/or is made under other conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable 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 on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions laid down thereby
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include 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 way on a durable data carrier:
   • the visiting address of the trader's establishment to which the consumer can address complaints;
   • the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   • the information on existing after-sales service and warranties;
   • the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration
   • if the consumer has a right of withdrawal, the model withdrawal form
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This period starts the day after receipt of the product by or on behalf of the consumer. If the order is delivered in parts, the period starts the day after receipt by or on behalf of the consumer of the last part of the order.
2. When supplying services, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days starting from the day of entering into the agreement.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period using the model withdrawal form (see Appendix I) or in another unambiguous manner
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product. This is not required if the trader has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product.
6. If the consumer exercises his right of withdrawal, all additional contracts will be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the trader facilitates the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay after receiving this notification
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product in good order.
3. For reimbursement, the trader will use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Products manufactured to consumers' specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
4. Products which, after delivery, are by their nature irrevocably mixed with other products;
5. Services, performed entirely during the cooling-off period, if:

• performance has begun with the consumer's express prior consent; and
• the consumer has declared to waive his right of rescission once the trader has fulfilled the contract.

Article 11 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in legislation or VAT rates.
2. All prices mentioned in the offer of products or services are expressed in Euros and inclusive of VAT and exclusive of any shipping and/or service costs, unless otherwise stated or agreed in writing.

Article 12 - Conformity, Guarantee and Liability

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the contract
2. The proprietor never provides a warranty for all goods and materials beyond that provided by the supplier. Warranty does not apply in case of wear and tear that can be considered normal and further in the following cases: inexpert use, intent or gross negligence, water damage, freezing and contamination.
3. The entrepreneur is never obliged to pay any compensation to the consumer or others, unless there is intent or gross negligence on the part of the entrepreneur. The entrepreneur is never liable for consequential or trading loss, indirect damage and loss of profit or turnover.
4. If, for whatever reason, the entrepreneur is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value relating to the product or service that caused the damage.
5. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader on the basis of the law and/or the distance contract with regard to a shortcoming in the trader's obligations.
6. It is possible that the entrepreneur may include on its internet site links to other internet sites that may be interesting or informative for the visitor. Such links are purely informative. The entrepreneur is not responsible for the content of the website referred to or the use that can be made of it.

Article 13 - Delivery and execution

1. The trader will take the greatest possible care when receiving and implementing product orders and when assessing requests for the provision of servicesThe place of delivery is the address that the consumer has made known to the trader.
2. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
3. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
5. Ownership of products is not transferred until the consumer has paid all that the consumer owes under any agreement. If the consumer fails to take delivery of the products, the resulting damage and costs shall be for his or her account.
6. Different conditions may apply for deliveries to or in foreign countries.

Article 14 - Payment

1. Consumers can pay with:

• iDEAL
• PayPal (with possibility of payment by credit card)
• Sofortbanking
• MisterCash
• PIN payment (pay on collection)
• Bank transfer
• Cash (pay on collection)

2. The operator may expand payment options in the future. Other payment options will be made known through the website.
3. When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
4. Payments and personal data are sent encrypted over a secure line. Secure Socket Layer (SSL) is used to secure consumer data during the ordering process. This makes the information unreadable to third parties. A page is secure if the consumer sees the lock symbol on the screen in the web browser and by the "s" after http in the web address.
5. If a payment method by credit card is chosen, it is subject to the terms and conditions of the relevant card issuer. The entrepreneur is not a party in the relationship between the consumer and the card issuer.
6. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
7. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs made known to the consumer in advance.
8. Unless otherwise provided for in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
9. If the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, due the statutory interest on the amount still owing and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.

Article 15 - Complaints procedure

1. The operator has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedureComplaints about the performance of the agreement must be submitted to the operator within a reasonable time, fully and clearly described, after the consumer has identified the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
3. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/odr).
4. In any case, the consumer should give the entrepreneur 4 weeks to resolve the complaint by mutual agreement.

Article 16 - Force majeure

1. In case of force majeure, the operator is not obliged to fulfil its obligations towards the consumer, respectively the obligation is suspended for the duration of the force majeure.
2. Force majeure is defined as any circumstance beyond its control which prevents the fulfilment of all or part of its obligations towards the consumer. Such circumstances include strikes, fires, operational breakdowns, energy disruptions, non-delivery or late delivery by suppliers or other third parties called in, and the absence of any government permit. Force majeure shall also include breakdowns in a (telecommunications) network or connection or communication systems used and or unavailability of the website at any time.

Article 17 - Intellectual property

1. The consumer explicitly acknowledges that all intellectual property rights of displayed information, illustrations, announcements or other expressions regarding the products and or regarding the internet site belong to the entrepreneur, his suppliers or other claimants.Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and or other (intellectual property) rights, including whether or not patentable technical and or commercial know-how, methods and concepts.
2. The consumer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of the entrepreneur, its suppliers or other entitled parties, unless it is purely for private use in relation to the product itself.

Article 18 - Privacy

1. The data provided by the consumer will be treated confidentially by the entrepreneur.
2. The entrepreneur may store personal data obtained from the consumer in a file for the purpose of executing the remote agreement and for marketing purposes.The entrepreneur will observe the applicable privacy regulations and legislation.
3. The entrepreneur does not provide consumer data to third parties.

Article 19 - Additional or different provisions

1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
2. When the entrepreneur has allowed deviations from these general terms and conditions, whether tacitly or not, for a short or longer period of time, this does not affect her right to demand direct and strict compliance with these general terms and conditions. The consumer can never assert any rights based on the fact that the entrepreneur applies these general conditions leniently.

Article 20 - Applicable law

1. All rights, obligations, offers, orders and agreements to which these general terms and conditions apply, as well as these general terms and conditions, are exclusively governed by Dutch law.
2. Disputes arising from the agreements between entrepreneur and consumer will be submitted to the competent court in the Netherlands.

 

The Menner January 2023