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General Terms and Conditions Mr. Maté webshop – August 2021

Table of contents:

Article 1 – Definitions

Article 2 – Applicability of general terms and conditions

Article 3 – Payment

Article 4 – Offers, quotations, and price

Article 5 – Right of withdrawal

Article 6 – Amendment of the agreement

Article 7 – Delivery and risk transfer

Article 8 – Research, complaints

Article 9 – Samples and models

Article 10 – Delivery

Article 11 – Force majeure

Article 12 – Transfer of rights

Article 13 – Retention of title and right of retention

Article 14 -Liability

Article 15 – Complaint obligation

Article 16 – Warranties

Article 1 – Definitions

Mr. Maté, established in Blaricum, Chamber of Commerce number 78161886, is referred to as seller in these general terms and conditions:
Mr. Mate Mister Mate

Bakkenzuigerstraat 68
1333HA, Almere
Flevoland
The Netherlands

Email: info@mrmate.nl

Chamber of Commerce number: 7861886

VAT identification number: NL861285803B01

The seller’s counterparty is referred to as the buyer in the general terms and conditions.

Parties: Seller and buyer together.

The agreement: the purchase agreement between the parties.

Article 2 – Applicability of general terms and conditions

These terms and conditions apply to the products, quotations, offers, or deliveries of services by or on behalf of the seller.
Deviation from these terms and conditions is only possible if this has been agreed in writing by the parties.
The agreement always contains best efforts obligations for the service provider, not obligations for results.

Article 3 – Payment

The full purchase price is always paid immediately in the store.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will not proceed with the shipment or preparation of the order.
In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the seller’s claims against the buyer are due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
When paying by credit card, the amount to be paid will be debited within 2 days.

Article 4 – Offers, quotations, and price

Offers/ discounts are without obligation unless a term of acceptance is stated in the offer. The offer lapses if it is not accepted within the specified time.
Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded.
The previous offer or quotation does not apply to a repeat order or installment order. Unless this is emphasized and agreed upon in writing.

Article 5 – Right of withdrawal

After receipt of the order, the buyer has the right to dissolve the agreement within 14 days without stating reasons (right of withdrawal). The term starts to run if the buyer, or a third party designated by him, has received the products. When the buyer has ordered several products in the same order: the day on which the buyer, or a third party designated by him, has received the last product.

There is no right of withdrawal if the products are opened or not in the original packaging. The buyer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer’s request.
During the first 14 days, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to the seller, per the reasonable and clear instructions provided by the seller.

Article 6 – Amendment of the agreement

If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly promptly and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.
If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7 – Completion and transfer of risk

As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

Article 8 – Research, complaints

The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.
Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller by e-mail within 10 working days after the day of delivery of the goods.
If the complaint is declared well-founded within the stipulated period, the seller has the right to either deliver again or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, number, size, or finish cannot be invoked against the seller.
Complaints concerning a certain product do not affect other products or parts belonging to the same agreement.
After the goods have been used by the buyer, no further complaints will be accepted.

Article 9 – Samples and models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with this. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.

Article 10 – Delivery

Mr. Maté aims to deliver all products within 30 days. This, and other delivery terms specified by the seller are indicative. They are never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
The seller strives for 4-8 working days delivery if stock and physically present products allow this, but is not obliged to use this and can deviate from the aim in consultation with the customer.

Article 11 – Force majeure

If the seller cannot, not timely, or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.

By force majeure, the parties mean in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, worker lockout, changed government measures, transportation difficulties, and other disturbances in the seller’s business.

Furthermore, the parties understand by force majeure the circumstance that supply companies on which the seller depends for the execution of the agreement, do not fulfill the contractual obligations towards the seller unless the seller can be blamed for this.

If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.

If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Seller is not liable for personal injury to the buyer or third parties, nor for material damage caused by accidents with hot water, falling Calabazas, or other damage related to the use of Mr. Mate products.

Article 12 – Transfer of rights

Any party’s rights under this agreement may not be transferred without the other party’s prior written consent. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Article 13 – Retention of title and right of retention

The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke its retention of title and take back the goods.
If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be invoked against the seller.
The seller is not authorized to pledge or in any other way encumber the goods subject to retention of title.
The seller undertakes to insure the goods delivered to the buyer subject to retention of title and to keep them insured against fire, explosion, and water damage as well as against theft and to make the policy available for inspection on the first request.
If goods have not yet been delivered, but the agreed advance payment or price has not been paid per the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and per the agreement.
In the event of liquidation, insolvency, or suspension of payment of the buyer, the buyer’s obligations are immediately due and payable.

Article 14 – Liability

Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
The seller’s liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 15 – Complaint obligation

The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible so that the seller can respond adequately.
If a complaint is justified, the seller is obliged to repair the good and possibly replace it.

Article 16 – Warranties

The seller guarantees that the item sold complies with the agreement, that it will function without defects, and that it is suitable for the use that the buyer intends to make of it. This warranty is valid for two calendar years after receipt of the sold item by the buyer.

The guarantee referred to is intended to bring about a distribution of risk between the seller and the buyer such that the consequences of a breach of a guarantee are always full for the account and risk of the seller and that the seller can never rely on a breach of a guarantee in respect of a breach of a guarantee. article 6:75 of the Dutch Civil Code.

The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by conducting an investigation.

The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or have tried to make or have used the purchased item for purposes for which it is not intended.

If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.