General conditions

Article 1 – Definitions

1. MWPshop.com, : The company with its registered office in Biezenmortel, Chamber of Commerce number 72928891, VAT number NL859289217B01, is referred to in these general terms and conditions as the Seller. 
2. The counterparty to the Seller is referred to in these general terms and conditions as the Buyer.  
3. The parties are the Seller and the Buyer collectively.  
4. The “Agreement” refers to the purchase agreement between the parties.  

Article 2 – Applicability of General Terms and Conditions 

1. These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the Seller.
2. Deviations from these terms and conditions are only permitted if expressly agreed upon in writing by the parties.  

Article 3 – Payment 

1. The full purchase price must always be paid immediately in the webshop . In some cases, a deposit is required for reservations. In such cases, the buyer will receive confirmation of the reservation and the advance payment. 
2. If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend their obligations until the buyer has fulfilled their payment obligation. 
3. If the buyer remains in default, the seller will proceed with collection. The costs associated with such collection shall be borne by the buyer. These collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs. 
4. In the event of liquidation, bankruptcy, attachment, or suspension of payments by the buyer, the seller’s claims against the buyer become immediately due and payable.
5. If the buyer refuses to cooperate with the seller in the performance of the order, the buyer remains obligated to pay the agreed-upon price to the seller. 

Article 4 – Offers, Quotations 

1. , and Price 
   1. Offers are non-binding unless a time limit for acceptance is specified in the offer. If the offer is not accepted within that specified time limit, the offer expires. 
   2. Delivery times in quotations are indicative and do not entitle the buyer to terminate the contract or claim damages if they are exceeded, unless the parties have expressly agreed otherwise in writing. 
   3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this in writing.  
   4. The price stated on offers, quotations, and invoices consists of the purchase price, including applicable VAT and any other government taxes. 

   Article 5 – Right of Withdrawal

   1. The consumer has the right to cancel the agreement within 14 days of receiving the order without giving any reason (right of withdrawal). The period begins from the moment the (entire) order has been received by the consumer.
   2. After notifying us of your right of withdrawal, you have another 14 days to return the product.
   3. There is no right of withdrawal if the products have been custom-made according to specifications or have a short shelf life.
   4. The consumer may use a withdrawal form provided by the seller. The seller is obligated to make this form available to the buyer immediately upon the buyer’s request.
   5. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether to keep it. If the consumer exercises their right of withdrawal, they must return the unused and undamaged product, along with all accessories provided, and—if reasonably possible—in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
   6. We will refund the order amount within 14 days of receiving your return notification, provided the product has already been returned in good condition.

   Article 6 – Amendment of the Agreement

   1. If, during the performance of the agreement, it becomes apparent that it is necessary to amend or supplement the work to be performed in order to ensure proper performance of the assignment, the parties shall amend the agreement accordingly in a timely manner and by mutual agreement.  
   2. If the parties agree to amend or supplement the agreement, this may affect the date of completion of the performance. The seller shall notify the buyer of this as soon as possible.  
   3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in writing in advance.  
   4. If the parties have agreed on a fixed price, the seller shall indicate to what extent the amendment or addition to the agreement results in this price being exceeded.  
   5. Notwithstanding the provisions of the third paragraph of this article, the seller may not charge additional costs if the amendment or addition is the result of circumstances attributable to the seller. 

   Article 7 – Delivery and Transfer of Risk

   1. As soon as the purchased goods have been taken into possession by the buyer, the risk passes from the seller to the buyer.  

   Article 8 – Inspection and Complaints

   1. The buyer is obligated to inspect the delivered goods at the time of delivery, but in any case within the shortest possible time. In this regard, the buyer must verify whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least that the quality and quantity meet the standards applicable in normal (commercial) practice. 
   2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 business days of the date of delivery of the goods. 
   3. If the complaint is deemed valid within the specified period, the seller has the right to either repair, redeliver, or cancel the delivery and issue the buyer a credit note for that portion of the purchase price. 
   4. Minor deviations and/or deviations customary in the industry, as well as differences in quality, quantity, size, or finish, cannot be held against the seller. 
   5. Complaints regarding a specific product do not affect other products or parts covered by the same agreement.  
   6. No complaints will be accepted after the goods have been processed by the buyer. 

   Article 9 – Samples and Models

   1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided merely as an indication, without the item to be delivered being required to conform to it. This does not apply if the parties have expressly agreed that the item to be delivered will indeed conform to it.  
   2. In agreements concerning real property, any mention of the area or other dimensions and specifications is likewise presumed to be intended merely as an indication, without the property to be delivered being required to conform to them. 

   Article 10 – Delivery

   1. Delivery is made “ex works/store/warehouse.” This means that all costs are borne by the buyer.
   2. The buyer is obligated to accept the goods at the moment the seller delivers them or has them delivered, or at the moment these goods are made available to the buyer in accordance with the agreement.
   3. If the buyer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer’s expense and risk. 
   4. If the goods are delivered, the seller is entitled to charge any delivery costs. 
   5. If the seller requires information from the buyer for the performance of the agreement, the delivery period begins after the buyer has made this information available to the seller. 
   6. Any delivery date specified by the seller is approximate. It is never a strict deadline. If the delivery date is exceeded, the buyer must give the seller written notice of default.  
   7. The seller is entitled to deliver the goods in installments, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In the event of partial delivery, the seller is entitled to invoice these parts separately. 

   Article 11 – Force Majeure

   1. If the seller is unable to fulfill its obligations under the agreement, or is unable to do so on time or properly, due to force majeure, it shall not be liable for any damage suffered by the buyer.    
   2. The parties define force majeure as any circumstance that the seller could not have foreseen at the time the agreement was entered into and as a result of which the buyer cannot reasonably be expected to ensure the normal performance of the agreement, such as illness, war or the threat of war, civil war, and riots, hostilities, sabotage, terrorism, power outages, flooding, earthquakes, fire, plant occupation, strikes, lockouts, changes in government regulations, transportation difficulties, and other disruptions in the seller’s business operations. 
   3. Furthermore, the parties understand force majeure to mean a circumstance in which suppliers on whom the seller depends for the performance of the agreement fail to fulfill their contractual obligations toward the seller, unless this is attributable to the seller.  
   4. If a situation as described above arises, as a result of which the seller is unable to fulfill its obligations toward the buyer, those obligations shall be suspended for as long as the seller is unable to fulfill them. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
   5. If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Termination may only be effected by registered letter.

   Article 12 – Assignment of Rights

   1. The rights of a party under this agreement may not be assigned without the prior written consent of the other party. This provision constitutes a clause with effects under property law as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.  

   Article 13 – Retention of Title and Right of Retention

   1. Goods held by the seller, as well as delivered goods and parts, remain the property of the seller until the buyer has paid the full agreed price. Until that time, the seller may invoke its retention of title and take the goods back. 
   2. If the agreed advance payments are not made or are not made on time, the seller has the right to suspend the work until the agreed amount has been paid. This constitutes a default by the buyer. In such a case, a delayed delivery cannot be held against the seller. 
   3. The Seller is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
   4. The Seller undertakes to insure the goods delivered to the Buyer under retention of title and to keep them insured against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection upon first request. 
   5. If goods have not yet been delivered but the agreed advance payment or price has not been paid as agreed, the Seller has a right of retention. The goods will then not be delivered until the Buyer has paid in full and in accordance with the agreement.  
   6. In the event of the Buyer’s liquidation, insolvency, or suspension of payments, the Buyer’s obligations become immediately due and payable.  

   Article 14 – Liability 

   1. Any liability for damages arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case under the liability insurance policy or policies in force. This amount is increased by the deductible specified in the relevant policy. 
   2. The seller’s liability for damage resulting from intent or wilful recklessness on the part of the seller or its managerial subordinates is not excluded.

   Article 15 –  Obligation to Complain

   1. The buyer is obligated to report complaints regarding the work performed directly to the seller. The complaint must contain as detailed a description as possible of the deficiency, so that the seller is able to respond appropriately. 
   2. If a complaint is valid, the seller is obligated to repair the item or, if necessary, replace it.
   3. In the event of a complaint, a consumer should first contact the merchant. If the online store is a member of WebwinkelKeur and the complaint cannot be resolved through mutual agreementwww.webwinkelkeur.nl , the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . [link] . https://www.webwinkelkeur.nl/ledenlijst/ . If a solution cannot be reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur; its ruling is binding, and both the merchant and the consumer agree to this binding ruling.Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the committee in question. 

   Article 16 – Warranties

   1. If warranties are included in the agreement, the following applies. The seller warrants that the item sold complies with the agreement, that it will function without defects, and that it is suitable for the use the buyer intends to make of it. This warranty is valid for a period of two calendar years following the buyer’s receipt of the item sol d. 
   2. The purpose of this warranty is to establish a distribution of risk between the seller and the buyer such that the consequences of a breach of warranty are always entirely at the seller’s expense and risk, and that the seller may never invoke Article 6:75 of the Dutch Civil Code in connection with a breach of warranty. The provisions of the preceding sentence also apply if the defect was known to the buyer or could have been discovered through due diligence.  
   3. The aforementioned warranty does not apply if the defect arose as a result of improper or inappropriate use, or if—without permission—the buyer or third parties have made or attempted to make modifications, or have used the purchased item for purposes for which it is not intended. 
   4. 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 manufacturer.  

   
   Article 17 – Intellectual Property  

   1. MWPshop.comRights  
      1. MWPshop.comWereld   retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.).) on all products, designs, drawings, documents, data storage media or other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.  
      2. The customer may not MWPshop.com  copy, show to third parties, and/or make available, or otherwise use the aforementioned intellectual property rights without prior written consent from  MWPshop.com Wereld  .

      
      Article 18 – Amendment of General Terms and Conditions

      1. MWPshop.comWereld is entitled to amend or supplement these general terms and conditions. 
      2. Minor amendments may be implemented at any time. 
      3.  MWPshop.com Wereld will  MWPshop.com   discuss major substantive changes  MWPshop.com  with the customer in advance as much as possible.
      4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

      
      Article 19 – Governing Law and Jurisdiction

      1. All agreements between the parties are governed exclusively by Dutch law. 
      2. The Dutch court in the district where MWPshop.comWereld is is established has exclusive jurisdiction to hear any disputes between the parties, unless otherwise required by mandatory law.
      3. The applicability of the Vienna Sales Convention is excluded.
      4. If, in legal proceedings, one or more provisions of these general terms and conditions are deemed unreasonably onerous, the remaining provisions shall remain in full force and effect.