Definitions

1.   Merel Djamila: Merel Djamila, established in Groningen, Chamber of Commerce no. 77846109.

2.  Customer: the person with whom Merel Djamila has entered into an agreement.

3.   Parties: Merel Djamila and customer together.

4.   Consumer: a customer who is an individual acting for private purposes.

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Applicability

1.   These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Merel Djamila. 

2.   Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3.   The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

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Prices

1.   All prices used by Merel Djamila are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2.   Merel Djamila is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

3.   Increases in the cost prices of products or parts thereof, which Merel Djamila could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

4.   The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

5.   The price with regard to services is determined by Merel Djamila on the basis of the actual working hours. 

6.   The price is calculated according to the usual hourly rates of Merel Djamila, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.

7.   If the parties have agreed on a total amount for a service provided by Merel Djamila, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

 

Payments and payment term

1.   Merel Djamila may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

2.   The customer must have paid the full amount within 30 days after delivery of the product.

3.   Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Merel Djamila having to send the customer a reminder or to put him in default. 

4.   Merel Djamila reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

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Consequences of late payment

1.   If the customer does not pay within the agreed term, Merel Djamila is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

2.   When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Merel Djamila. 

3.   The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

4.   If the customer does not pay on time, Merel Djamila may suspend its obligations until the customer has met his payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Merel Djamila on the customer are immediately due and payable. 

6.   If the customer refuses to cooperate with the performance of the agreement by Merel Djamila, he is still obliged to pay the agreed price to Merel Djamila. 

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Right of recovery of goods 

1.   As soon as the customer is in default, Merel Djamila is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2.   Merel Djamila invokes the right of recovery by means of a written or electronic announcement.

3.   As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Merel Djamila, unless the parties agree to make other arrangements about this. 

4.   The costs for the collection or return of the products are at the expense of the customer. 

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Delivery 

1.   Delivery takes place while stocks last.

2.   Delivery takes place at Merel Djamila unless the parties have agreed upon otherwise.

3.   Delivery of products ordered online takes place at the address indicated by the customer. 

4.   If the agreed price is not paid on time, Merel Djamila has the right to suspend its obligations until the agreed price is fully paid. 

5.   In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Merel Djamila.

Delivery period

1.   Any delivery period specified by Merel Djamila is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2.   The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Merel Djamila. 

3.   Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Merel Djamila cannot deliver within 30 days or if the parties have agreed upon otherwise.

 

Transport costs 

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping 

1.   If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Merel Djamila may not be held liable for any damage.

2.   If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Merel Djamila, failing which Merel Djamila cannot be held liable for any damage.

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Insurance

1.   The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

o goods delivered that are necessary for the execution of the underlying agreement

o goods being property of Merel Djamila that are present at the premises of the customer

o goods that have been delivered under retention of title 

2.   At the first request of Merel Djamila, the customer provides the policy for these insurances for inspection. 

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Guarantee

1.    When parties have entered into an agreement with services included, these services only contain best-effort obligations for Merel Djamila, not obligations of results.

2.   The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

3.   The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.

4.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

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Performance of the agreement

1.   Merel Djamila executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

2.   Merel Djamila has the right to have the agreed services (partially) performed by third parties.

3.   The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 

4.   It is the responsibility of the customer that Merel Djamila can start the implementation of the agreement on time.

5.   If the customer has not ensured that Merel Djamila can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

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Duty to inform by the customer 

1.   The customer shall make available to Merel Djamila all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

2.   The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 

3.   If and insofar as the customer requests this, Merel Djamila will return the relevant documents. 

4.   If the customer does not timely and properly provides the information, data or documents reasonably required by Merel Djamila and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

 

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