General terms and conditions  Ambachtscreme.nl

Ambachtscreme.nl   is part of:
MJDrent Products BV 
Roeterdinkstraat 52 3781CC Voorthuizen
The Netherlands

Version valid from 01-01-2016.

Terms and conditions  ambachtscreme.nl . 

General terms and conditions of Oud Hollandsche Ambachtscreme, established in Voorhuizen
Version valid from 26-04-2016.

Article 1. General

1.1 Under ‘ Ambachtscreme.nl ‘ these general terms and conditions of sale mean:  Ambachtscreme.nl .
1.2 These conditions are part of all offers and agreements with  Ambachtscreme.nl  insofar as not explicitly deviated from in writing.
1.3 With due observance of the provisions of article 6.4, these terms and conditions also apply if  Ambachtscreme.nl has  to call in third parties for the execution of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not  recognized by  Ambachtscreme.nl .
1.5 In the event that the Conditions and an Agreement contain mutually conflicting clauses, the Agreement shall prevail. 1.6 If any part of the Terms and Conditions is void or is nullified, the other provisions of the Terms and Conditions will remain in full force and parties will be bound to make an effort to determine in good consultation a replacement clause that is valid and the original objectives. approaching parties as much as possible. 

Article 2. Offers and formation of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by ambachtscreme.nl .
2.2 Agreements for delivery of goods and / or services will only bind  Ambachtscreme.nl  after written confirmation. Actual performance by Ambachtscreme.nl  or by  ambachtscreme.nl  invoice sent equals a written confirmation of the offer. 2.3 If not within 8 days, also in writing, the correctness of the content of this written confirmation is disputed,  Ambachtscreme.nl  and customer are bound to this.
2.4 Offers from  Ambachtscreme.nl  do not automatically apply to repeat orders.
2.5  Ambachtscreme.nl can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
2.6 Additions, changes and / or further agreements are only valid if agreed in writing.

Article 3. Prices / Price increase

3.1 All prices are expressed in Euros, unless stated otherwise, including sales tax (VAT).
3.2  Ambachtscreme.nl  guarantees that price increases after the realization of the conditions will not take place, unless the price increase is the result of statutory regulations and / or provisions.
3.3 If the price increase is not the result of statutory regulations and / or provisions, the consumer has the right to cancel the distance contract by the day on which the price increase takes effect.

Article 4. Delivery

4.1 If items are available from stock, they will be sent immediately after ordering. Ambachtscreme.nl may charge  shipping costs for sending ordered items  . The delivery of ordered items takes place at the  address known to  Ambachtscreme.nl , not being of a temporary nature, and issued to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
4.3 If the customer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the buyer.
4.4 The delivery  obligation of  Ambachtscreme.nl will, unless proven otherwise, be complied with as soon as the  goods delivered by  Ambachtscreme.nl are once offered to the customer. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer, subject to proof to the contrary.
4.5 In the event of refusal of the offered goods return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely at the expense of the customer, unless the customer is entitled to dissolution of the purchase or replacement of the case. calls.

Article 5. Delivery time

5.1 A  delivery time stated by  Ambachtscreme.nl can never be regarded as a deadline. The delivery time starts first after all the necessary data are in possession of  ambachtscreme.nl  , after which  ambachtscreme.nl  will try to make delivery within 30 days.
5.2 In the context of the rules of distance selling ,  Ambachtscreme.nl (contractor) take orders with due speed, but at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer (client) will receive within 1 month after placement of the order message and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Dissolution

6.1 Without prejudice to the rights of  Ambachtscreme.nl  on the basis of the law,  Ambachtscreme.nl entitled to suspend or terminate the agreement in whole or in part by means of a written statement to this end with the right to compensation to the buyer if after the conclusion of the agreement  Ambachtscreme.nl  circumstances come to the notice that  ambachtscreme.nl  give good grounds to fear that the customer will not fulfill his obligations or if  Ambachtscreme.nl at the conclusion of the agreement asked to provide security for the fulfillment and this security remains or is insufficient (in spite of summons) as well as in case of bankruptcy of the buyer, an own request for bankruptcy by the buyer, suspension of payment, liquidation or a decision to this end, full or partial transfer of the business of the buyer or confiscation of any part of his assets.
6.2 If circumstances arise with regard to persons and / or materials of which  Ambachtscreme.nl engages in the performance of the agreement or commits to operate, which are of such a nature that the execution of the agreement becomes impossible or so objectionable and / or disproportionately expensive, that compliance with it can not reasonably be expected,  Craftsmanship .nl  authorized to dissolve the agreement.
6.3 The customer has the right to deliver on the basis of an order with  Ambachtscreme.nlif there is a consumer purchase, in accordance with article 7: 5 Dutch Civil Code, within a period of 7 working days without giving any reason to dissolve the agreement, unless expressly agreed otherwise. This period starts at the moment the ordered items are delivered. If after this period the customer does not deliver the delivered goods to  Ambachtscreme.nl has returned, the sale is a fact. The customer is obliged, before proceeding to return, within the period of 7 working days after delivery to report at the example shop. The customer must prove that the delivered goods have been returned in time (no later than 10 working days after delivery), for example by means of proof of mail delivery. The return of the delivered goods is entirely at the expense and risk of the buyer. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, confirm ambachtscreme.nl after receipt and verification of the returned goods the dissolution of the purchase by return and ensures that within 30 days after good receipt of the complete return, the full purchase amount to the customer is refunded free of charge.
6.4 The right of rescission, as described in the preceding paragraph, covers only the goods and in no way relates to services such as telephone by ambachtscreme.nl  offered (mobile) network operators. On the latter services, whereby  Ambachtscreme.nl  only acts as an intermediary or agent, the general terms and conditions of the aforementioned network operators will apply.

Article 7. Force majeure

7.1 Force majeure is understood in addition to that which is understood in the law and jurisprudence, all circumstances on which  Ambachtscreme.nl has  no influence and which impede the delivery of goods or make it impossible, including but not limited to work strike at  Ambachtscreme.nl  and / or suppliers, faults in the Internet or WAP, faults in the electricity, faults in e-mail traffic and faults or changes in technology provided by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) compliance occurs after  Ambachtscreme.nl  should have fulfilled the obligation.
7.3 If the period in which by force majeure compliance with the obligation by Ambachtscreme.nl is  not possible longer than 2 weeks, both parties are entitled to terminate the agreement, without there being an obligation to pay compensation in that case.
7.4 If  Ambachtscreme.nl  has already partially fulfilled its obligations at the onset of the force majeure, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 8. Guarantee

8.1  Ambachtscreme.nl offers no extended warranty on goods delivered than the warranty (conditions) of the manufacturer of these goods, without however affecting the rights of the customer resulting from mandatory legal provisions.
8.2  Ambachtscreme.nl  is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to  Ambachtscreme.nl ) must immediately report these defects in writing to Ambachtscreme.nl . Any defects or incorrectly delivered goods must and can be reported in writingto Ambachtscreme.nl no later than 2 months after delivery . Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
8.4 If complaints from the buyer are found justifiedby  Ambachtscreme.nl ,  Ambachtscreme.nl will at its discretion or to replace the delivered goods free of charge or to make a written arrangement with the buyer about the compensation, on the understanding that the liability of  Ambachtscreme.nl and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, than however (at the discretion of  Ambachtscreme.nl ) to the maximum in the relevant case covered by the liability insurance of  Ambachtscreme.nl  . Any liability of  Ambachtscreme.nl  for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
8.5  Ambachtscreme.nl  is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
8.6 This guarantee does not apply if:

A) and as long as the customer is  in default towards  Ambachtscreme.nl ;
B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or processed.
C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of  Ambachtscreme.nland / or instructions on the package are treated;
D) the defect is wholly or partly the result of regulations that the government has or will make regarding the nature or the quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, the payment must take place by means of a PIN transaction at the place of delivery of the products. Payment in installments is not possible.
9.2 After the expiry of 10 days after the invoice date, the customer is legally in default and from that moment on an interest of 1% per month on the due amount, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month for a whole month is counted.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application thereto, the claims of  Ambachtscreme.nl  and the obligations of the customer towards  Ambachtscreme.nl are  immediately due and payable.
9.4 If  Ambachtscreme.nl has to hand over  its claim for collection, the customer will owe a fixed amount of 15% of the owed extrajudicial collection costs, with a minimum amount of 250 euro.
9.5 If  Ambachtscreme.nl  can prove to have incurred higher costs that were reasonably necessary, these will also qualify for reimbursement.

Article 10. Retention of title

10.1 The ownership of all by Ambachtscreme.nl  sold and delivered goods to the buyer remains with  Ambachtscreme.nl  as long as the customer has not fulfilledthe claims of Ambachtscreme.nl under the agreement or earlier or later similar agreements, as long as the customer performs the work performed or to be performed. has not yet paid these or similar agreements and as long as the customer has not yet paid the claims of  Ambachtscreme.nl  due to shortcomings in the fulfillment of such obligations, including claims in respect of fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
10.2 The by  Ambachtscreme.nl goods delivered that fall under the retention of title may only be resold within the framework of normal business operations and must never be used as a means of payment.
10.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
10.4 The customer gives unconditional and irrevocable consent to  Ambachtscreme.nl  or by  Ambachtscreme.nl  to appoint third party, whenever  Ambachtscreme.nl  its property to exercise, all those sites and locations where its property is then located and to take those things there.
10.5 If third parties seize the goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to notify Ambachtscreme.nl  as soon as reasonably may be expected. 10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at de ambachtscreme.nl on first request  .

Article 11. Privacy

11.1  Ambachtscreme.nl respects the privacy of the online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is  not sold, shared or rented by  Ambachtscreme.nl to third parties in any other way than stated in this privacy statement.
11.2 Information from which the identity of an online visitor  can be derived from the website of  Ambachtscreme.nl is voluntarily provided by the visitor. This information can be done within  Ambachtscreme.nl (and all of its subsidiaries and brands) are used for the purpose of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product portfolio of Ambachtscreme.nl . The customer gives explicit permission for this. Ambachtscreme.nl  is entitled to disclose information about a visitor in special cases, when there is reason to assume that disclosure of this information is necessary to identify, contact or initiate a lawsuit against someone who intentionally or unintentionally the rights or property of  Ambachtscreme.nlother users of its website or others who may experience damage, disadvantage or damage. Ambachtscreme.nl  is entitled to release information about users when we believe in good faith that the law requires this.
11.3  Ambachtscreme.nl  collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor to the extent that this  requires no disproportionate effort or costs for Ambachtscreme.nl .

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, the entire copyrights and all other intellectual and industrial property rights relating to the  goods or services supplied by  Ambachtscreme.nl , such as trademark rights, design rights, patent rights, sui generis database rights, etc., are exclusively vested in  Ambachtscreme.nl  and / or its suppliers.
12.2 The parties undertake to take adequate measures to ensure confidentiality with regard to each other data of a confidential nature of which they become aware during the execution of the agreement.

Article 13. Applicable law

On all offers and agreements from  Ambachtscreme.nl only Dutch law applies. The applicability of the Vienna Sales Convention is explicitly excluded.