General Terms and Conditions
Article 1 – Definitions
The following definitions are used in these terms and conditions:
- The company: Beastmount;
- Consumer: the individual who does not act in performance of a profession or a business and enters in an agreement with the company;
- Distributor: natural individual or legal entity who/that focuses on selling products manufactured by the company, as part of a profession or a business;
- Long-distance agreement: an agreement whereby exclusive use is made of one or more facilities for long-distance communication in order to conclude the agreement;
- Right of withdrawal: the right held by the consumer to cancel the long distance agreement within the reflection period;
- Day: calendar day.
Article 2 – Identity of the company
Name of company: Beastmount
Trading under the names: Beastmount, Mukava
Registered address and visiting address:
1223 RB Hilversum
Telephone number: +31 642164745, +31 630379788
Available by phone from Monday to Friday from 12.30 to 5 p.m.
Email address: Info@beastmount.com
Chamber of Commerce number: 63811219
VAT number: NL855411478B01
Article 3 – Applicability
- These general terms and conditions apply to every offer and order made by the company and each agreement concluded by the company and the consumer and each agreement concluded by the company and the distributor. If a specific provision only applies to an agreement concluded by the company and consumer or between the company and the distributor, then that provision will only specify the relevant other party.
- Before the long-distance agreement is concluded, the text of these general terms and conditions is made available to the consumer or distributor. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions are available at the company and that they will be sent to the consumer or distributor upon request and for free as soon as possible.
- If the long-distance agreement is concluded electronically, then, in deviation of that stated in the previous subsection, the text of these terms and conditions can be made available to the consumer or distributor electronically in such a way that it can be easily saved by the consumer or distributor on a sustainable data carrier. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions can be made available electronically and that they will be sent electronically or otherwise upon the consumer’s or distributor’s request at no cost.
- In the event that specific product terms apply in addition to these general terms and conditions, then that stated in the second and third subsection applies in full and the customer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms. If the agreement is concluded by the company and the distributor, then they will mutually agree which provision applies if specific product terms and conditions apply in addition to these general terms and conditions.
Article 4 – The offer
- If the offer has a limited validity period or is made subject to conditions, this is specifically stated in the offer.
- The offer is free of obligation. The company is authorised to change and amend the offer.
- The offer contains a complete and detailed description of the products offered. The description is sufficiently detailed in order to enable the consumer to make a good assessment of that offered. When the company uses images, these provide a truthful reflection of the products offered. Apparent errors or apparent mistakes in the offer are not binding for the company.
- Each offer contains information to such an extent that the rights and obligations involved with the acceptance of the offer are clear to the consumer.
Article 5 – The agreement
- The agreement will be concluded, subject to that stated in subsection 4 of this article, the moment the consumer or distributor accepts the offer and complies with the terms and conditions stated therein.
- If the customer or distributor has accepted the offer electronically, the company immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, then the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the company will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange a safe web environment. If the consumer or distributor can pay electronically, the company will take suitable safety measures in this respect.
- The company can legally obtain information to determine whether the customer or distributor can meet his payment obligations, as well as all the facts and factors that are important in order to enter into the long-distance agreement responsibly. If the company has good grounds on the basis of this investigation not to enter into the agreement, it is justified to substantively refuse the order or request or to attach special conditions to the performance, such as payment in advance.
- The company will save the following information with the product provided to the consumer in writing or in such a manner that the consumer can save it accessibly on a sustainable data carrier:
- the visiting address of the branch of the company which the consumer can contact in the event of complaints;
- the terms and conditions under which and the way in which the consumer can exercise their right of withdrawal;
- the model form for withdrawal.
- Each agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal of the consumer
- The consumer has the right to terminate the agreement within 14 days without specifying the reason. This reflection period commences the day after the product(s) is/are received by the consumer or a third party previously introduced and notified to the company by the consumer, this third party not being the transport company. If the delivery of a product consists of multiple batches, the reflection period commences the day after the last batch is received by the consumer or the above-mentioned third party.
- The company can ask the consumer for the reason of the withdrawal, but the consumer is not obligated to answer.
- During the reflection period the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to such an extent as is required in order to assess whether he wishes to keep the product. The principle hereby is that the consumer can only touch and inspect the product as he would be allowed to do in a shop.
If he utilises his right of withdrawal, he will return the product with all the supplied accessories and – if reasonably possible – in the original condition and packaging.
- If the consumer wishes to exercise his/her right of withdrawal, he must inform the company thereof within 14 days upon receipt of the product. The notification must be done with use of the model form for withdrawal or by invoking his right in any unambiguous manner in writing. The model form is enclosed with these general terms and conditions. After the consumer has indicated that he/she wishes to exercise his/her right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the product has been returned on time by providing a delivery note.
- If the consumer has not informed the company that he wishes to exercise his right of withdrawal within the period specified in subsection 1, then the purchase is a fact.
Article 7 – Costs in case of withdrawal by the consumer
- The consumer pays the direct costs for returning the product when exercising his right of withdrawal.
- The company will refund the consumer the purchase amount paid including the transport costs invoiced by the company for the delivery of the product. The company can wait with the repayment until it has received the returned product or until the consumer can prove that he has returned the product, whichever takes place first.
- If the consumer initially opted for a more expensive delivery method than the standard delivery, then the company is not obliged to refund these additional costs, but will only refund the costs of standard delivery.
- Upon repayment the company uses the same means of payment the consumer used, unless the consumer agrees with another method.
Article 8 – The price
- During the validity duration stated in the offer, the prices of the offered products are not raised, notwithstanding price changes as a result of a change in the VAT-rates.
- All prices are subject to the reservation of misprints or mistakes. The company accepts no responsibility for the consequences of misprints or mistakes. In the event of misprints or mistakes, the company is not obligated to deliver the product for the incorrect price.
Article 9 – Conformity and guarantees
- The company guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable conditions of reliability and the legal provisions as they apply on the date of the agreement.
- Any defects must be reported to the company in writing within 4 weeks of the delivery.
- The products the company sells are in principle subject to a guarantee period of two years. This guarantee only applies for normal use.
- The guarantee does not apply if:
- The consumer has repaired and/or changed the delivered product or has this done by third parties;
- The delivered products have been exposed to abnormal circumstances or were otherwise treated carelessly or contrary to the instructions of the company on the packaging.
- If the consumer has purchased faulty products from a distributor, and not directly from the company, the distributor will initially take care of the sending of the replacement product. The company will replace the additional products sent as replacement within a certain period by the distributor, by adding them to the next batch of ordered products of the company to the distributor; the company will do so free of charge.
Article 10 – Delivery and payment
- The products delivered remain property of the company until the consumer or the distributor has complied with all its payment obligations – including any related debt collection costs and statutory interest.
- The place of delivery is the address the consumer or distributor provided to the company.
- The company will take the greatest possible care upon receiving and performing the orders. The accepted orders will be executed as soon as possible, though no later than within 30 days, unless the consumer or distributor has agreed to a longer delivery period. Exceeding the stated period does not entitle the consumer or distributor to a payment of damages.
- In principle the consumer pays in advance. Payment afterwards is only possible if this is explicitly agreed with the company. In the event of payment afterwards, the consumer must pay the amount due within 7 days of concluding the agreement. If no payment in full in received within this period, the consumer is in default and must pay statutory interest.
Article 11 – Disputes and liability
- All the agreements concluded by the company and the consumer or distributor and any resulting disputes are exclusively governed by Dutch law. This will not be affected by the possible fact that the consumer or distributor resides abroad.
- Any liability of the company is limited to the amount that is paid out by its company insurance in respect of the case at hand. The use of the products by the consumer or third parties is at one’s own risk. The company is not liable for damage of or to the consumer or any third parties resulting from reckless or abnormal use of the products.