General conditions

AMU'MIN general terms and conditions

E-mail: info@amumin.com
Website: www.amumin.com

 

Article 1 - Definitions.

1. AMU'MIN: AMU'MIN, established in Rotterdam, KvK number 92851479.
2. Customer: the person with whom AMU'MIN has entered into an agreement.
3. Parties: AMU'MIN and Customer together.
4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability
These terms and conditions apply to all quotations, offers, work, orders, agreements and supplies of services or products by or on behalf of AMU'MIN.

1. AMU'MIN and the Customer may deviate from these terms and conditions only if agreed in writing.
2. AMU'MIN and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices
AMU'MIN uses prices in Euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

1. AMU'MIN may change the prices of its services and products on its website and in other communications at any time. 
2. Increases in the cost prices of products or parts thereof, which AMU'MIN could not foresee at the time of making the offer or entering into the agreement, may give rise to price increases. 
3. The consumer has the right to cancel a contract because of a price increase in paragraph 3, unless the increase is due to a legal regulation.

Article 4 - Samples and Models
If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments

AMU'MIN may require a deposit of up to 50% of the agreed upon amount when entering into the agreement. 

The Customer must have made a subsequent payment within 7 days of delivery.

The payment terms used by AMU'MIN are fatal payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without AMU'MIN having to send a reminder to the Customer or declare a default. 

AMU'MIN may condition delivery on immediate payment or require security for the total amount of the services or products.

Article 6 - Right of advertising 

1. When the Customer is in default, AMU'MIN may invoke the right of claim with respect to the unpaid products delivered to the Customer.
2. AMU'MIN exercises its right of complaint by written or electronic communication to the Customer.
3. As soon as the Customer is informed of the invoked right of complaint, the Customer must immediately return the products in question to AMU'MIN, unless otherwise agreed in writing. 
4. The Customer shall pay the cost of retrieval or delivery in paragraph 3. 

 Article 7 - Reimbursement of return costs
If the consumer invokes his/her right of withdrawal and returns the entire order in time, the Customer shall pay the costs.

Article 8 - Right of lien 

1. AMU'MIN may exercise its right of retention and, in that case, keep products of the Customer, until the Customer has paid all outstanding bills of AMU'MIN, unless the Customer has provided sufficient security for those costs. 
2. The lien also applies pursuant to previous agreements that still require the Customer to pay money to AMU'MIN.
3. AMU'MIN shall not be liable for any damages suffered by the Customer due to the use of its lien.

Article 9 - Retention of title. 

1. AMU'MIN remains the owner of all delivered products until the Customer has paid all outstanding invoices of AMU'MIN relating to an underlying agreement, including claims due to default.
2. Until that time in paragraph 1, AMU'MIN may make use of its retention of title and repossess the items. 
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If AMU'MIN makes use of its retention of title, this will undo the agreement and AMU'MIN may claim damages, lost profits and interest from the Customer.

Article 10 - Delivery
Delivery takes place while supplies last.

1. Delivery will take place at AMU'MIN unless otherwise agreed upon.
2. Delivery of products ordered online takes place at the address specified by the Customer. 
3. If the Customer does not pay the agreed amounts or does not pay them on time, AMU'MIN may suspend its obligations until the Customer pays.
4. Late payment is a creditor default, so the Customer cannot hold a late delivery against AMU'MIN.

We offer free shipping for orders over € 150,00,- ( Netherlands) If your order value is less than € 150,00, the shipping costs are € 5,95 within the Netherlands.

Article 11 - Delivery time 

1. AMU'MIN delivery times are 1-3 business days, personalized 4-7 business days. These delivery times are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and received a confirmation thereof from AMU'MIN.
   
   

Article 12 - Actual delivery
The Customer must ensure that the actual delivery of its ordered products can take place on time.

Article 15 - Transportation Costs
The Customer shall pay the cost of transportation, unless the Customer and AMU'MIN have agreed otherwise in writing.

Article 16 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have a note of this made by the carrier before taking delivery of the product. If the Customer fails to do so, he cannot hold AMU'MIN liable for any damage.
2. When the Customer himself arranges the transportation of a product, he must report any visible damage to products or packaging to AMU'MIN prior to transportation. If the Customer fails to do so, he cannot hold AMU'MIN liable for any damages.

Article 17 - Retention
If the Customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

1. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the Customer.

Article 18 - Warranty
The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material. 

1. The warranty does not apply:
   - in case of normal wear and tear
   - for damage caused by accidents
   - for damage caused by modifications made to the product
   - for damage caused by negligence or incompetent use by the Customer
   - when the cause of the defect cannot be clearly determined

 

2. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time they are legally and/or actually delivered, or at least come into the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.

Article 19 - Availability
All orders for products are subject to their availability and in this regard, in the event of delivery problems or because products are no longer in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not wish to order such substitute products, we will refund any money you may have already paid.

 

We reserve the right to remove any product from this website and/or remove or edit any materials or content from this website at any time. While we make every effort to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent you an Order Confirmation. We reserve the right to do so at any time in our sole discretion. We will not be liable to you or any third party for our removal of any product from this website, whether sold or not, nor for any removal or editing of any materials or content from this website.

 

Article 20 - Indemnification

1. The Customer indemnifies AMU'MIN against all claims of others related to the products and/or services provided by AMU'MIN. 

Article 21 - Complaints

1. The Customer must examine a product provided or service rendered by AMU'MIN for any deficiencies as soon as possible.
2. If a product delivered or service rendered does not meet what the Customer could reasonably expect, the Customer must notify AMU'MIN within 1 month of ascertaining the deficiency. 
3. A consumer must notify AMU'MIN no later than 2 months after discovering the deficiency.
4. In doing so, the Customer shall provide as detailed a description of the deficiency as possible so that AMU'MIN can respond appropriately. 
5. The Customer must prove that the complaint relates to an agreement between the Customer and AMU'MIN.
6. If a complaint is about work in progress, the Customer cannot demand that AMU'MIN perform work other than that agreed upon.

Article 22 - Notice of default

1. The Customer must give any notice of default in writing to AMU'MIN.
2. The Customer is responsible for ensuring that his notice of default actually reaches AMU'MIN on time. 

Article 23 - Liability of Customer

1. When AMU'MIN enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the agreements in that agreement. 

Article 24 - AMU'MIN liability.

1. AMU'MIN shall only be liable for damages suffered by the Customer if such damages were caused by intentional or deliberate recklessness.
2. If AMU'MIN is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.
3. AMU'MIN is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
4. If AMU'MIN is liable, this liability is limited to the amount paid by a closed (professional) liability insurance. If no insurance is concluded or no claim amount is paid, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, rescission or suspension. 

Article 25 - Due date

1. Any right of the Customer to compensation from AMU'MIN expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 26 - Dissolution

1. The Customer may undo the agreement when AMU'MIN imputably fails to fulfill its obligations, unless such failure does not justify the dissolution due to its special nature or minor importance. 
2. If fulfillment of the obligations by AMU'MIN is still possible, then dissolution can only take place after AMU'MIN is in default. 
3. AMU'MIN may undo the agreement with the Customer, if the Customer does not fully or timely fulfill his obligations under the agreement, or if AMU'MIN has knowledge of circumstances that give him good reason to believe that the Customer will not fulfill his obligations. 

Article 27 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a failure of AMU'MIN by the Customer cannot be attributed to AMU'MIN when there is force majeure. 
2. The force majeure situation in paragraph 1 also includes, inter alia:
   - a state of emergency such as civil war or natural disaster
   - default or force majeure of suppliers, deliverers or others
   - power, electricity, internet, computer or telecom failures
   - computer viruses
   - strikes
   - government measures
   - transportation problems
   - adverse weather conditions
   - work stoppages
3. If a force majeure situation occurs that prevents AMU'MIN from fulfilling 1 or more obligations to the Customer, those obligations will be suspended until AMU'MIN can fulfill them. 
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and AMU'MIN may cancel all or part of the agreement in writing. 
5. AMU'MIN does not have to pay any compensation to the Customer in a force majeure situation, even if AMU'MIN benefits from this. 

Article 28 - Modification of agreement

1. When it is necessary for its execution to modify a concluded agreement, the Customer and AMU'MIN may modify the agreement. 

Article 29 - Modification of general conditions

1. AMU'MIN may modify these terms and conditions. 
2. Changes of minor importance may always be made by AMU'MIN. 
3. Major changes will be discussed by AMU'MIN with the Customer in advance to the extent possible.
4. A consumer may terminate the underlying contract if the general terms and conditions are substantially modified. 

Article 30 - Transfer of rights

1. The Customer cannot assign any rights under an agreement with AMU'MIN to others without AMU'MIN's written consent. 
2. This provision counts as a clause with property law effect as in Article 3:83 paragraph 2 of the Civil Code. 

Article 31 - Consequences of nullity or voidability

1. Should 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the remaining provisions of these terms and conditions. 
2. A provision that is void or voidable will be replaced in that case by a provision that comes closest to what AMU'MIN had in mind when drafting the terms and conditions on that point.

Article 32 - Applicable law and competent court

1. These Terms and Conditions and any underlying agreement between the Customer and AMU'MIN are governed by Dutch law. 
2. The court in the district of AMU'MIN's place of business has exclusive jurisdiction to hear any disputes between the Customer and AMU'MIN, unless otherwise provided by law.

Retrieved May 25, 2024.