General Terms and Conditions
having its registered office at
Krelis Louwenstraat 1F03 1055KA Amsterdam The Netherlands
registered in the Trade Register of the Chamber of Commerce under number: 67374336
VAT number: NL1621.40.915B02
e-mail address: email@example.com
telephone number: +31 20 370 5763
telephone contact hours: Mon – Fri 8.30 – 17.00
GENERAL TERMS AND CONDITIONS
Welcome to the me-is-EL web site (hereinafter the “Web Site”). The following terms and conditions of use govern your use of the Web Site.
By entering in this Web Site, you unconditionally consent to the following Terms and Conditions of Use, which can be modified by me-is-EL in its sole discretion, at any time and without notice. The Terms and Conditions of Use include but are not limited to any others agreements and policies incorporated by reference herein (collectively “Terms and Conditions of Use”)
Buyer: a natural person who is 18 years of age or older who is not acting within the context of practising a profession or conducting a business, with whom
me-is-EL concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products
Product: a me-is-EL product that me-is-EL offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which me-is-EL has accepted as such.
1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions that have been made available online by me-is-EL on http://me-is-el.com/pages/termsofuse govern all offers, orders, agreements and other legal relationships between the Buyer and me-is-EL with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and me-is-EL exclusively by means of me-is-EL's acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
The Buyer has selected the Product desired in the desired style, colour and size and has added the Product to the shopping cart.
The Buyer has followed and completed the following steps:
Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
Step 2: The Buyer has checked the order.
Step 3: The Buyer has selected the payment method desired and possibly has made a full or partial advance payment.
The Order has been placed.
The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the website).
If the Order has been accepted by me-is-EL, me-is-EL will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2 me-is-EL will be entitled to reject the Order placed by the Buyer in the following cases, among others:
If the total value of the Order is above € 2,500.00
If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
If the Buyer’s payment is not received within the agreed term.
If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
me-is-EL will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 me-is-EL will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from me-is-EL, as long as me-is-EL has it on file, by contacting me-is-EL via the contact details that can be obtained by clicking on the ‘About us’ button on the Website.
2.4 The Agreement, including the privacy statement and disclaimer placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and me-is-EL with respect to the use of the Website and the placement and execution of an Order.
3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by me-is-EL.
3.2 After the Agreement has been concluded me-is-EL will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that me-is-EL has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.
3.3 me-is-EL will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which me-is-EL is aware at the time at which the Agreement is concluded and, in so far as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to me-is-EL.
3.4 The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
3.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are shipped.
4. PRICE AND PAYMENT
4.1 The prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
4.2 me-is-EL will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
4.3 Payment may be made using the methods indicated on the Website and must be made before the Product has been delivered.
4.4 The Buyer is obliged to notify me-is-EL immediately regarding any errors in the payment details that the Buyer has provided to me-is-EL.
4.5 In the event that the Buyer will pay after delivery and exceeds the term for payment of 8 days he/she will be in default by operation of law, and me-is-EL will be entitled to charge statutory interest on the outstanding amount as from the due date.
5. RIGHT TO RETURN
5.1 The Buyer will be entitled to return the Product that has been delivered, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by me-is-EL, provided that the Product has not been used, is undamaged and (insofar as possible) is in the original and undamaged packaging.
The cost of return are to be paid by The Buyer.
The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website.
5.2 In the case referred to in the preceding subsection, me-is-EL will refund the Purchase Price as quickly as possible, but in any event within 30 days after the Agreement has been terminated. If not all the Products that form part of the Agreement are returned, me-is-EL will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
6. FORCE MAJEURE
6.1 me-is-EL is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede me-is-EL from complying with its obligations, and that cannot be attributed to me-is-EL because they cannot be blamed on me-is-EL and cannot be deemed to be for the me-is-EL’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake. Interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of me-is-EL or third parties that it engages.
6.2 If as a result of a situation involving force majeure me-is-EL fails to comply with its obligations under the Agreement or fails to do so in a timely manner, me-is-EL will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without me-is-EL being obliged to pay the Buyer any compensation in that respect.
7.1 The contact details of me-is-EL can be found by clicking on the ‘Company info and legal terms’ button on the Website.
7.2 The Buyer will be obliged to inspect the Product when it has been delivered and to notify me-is-EL within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
7.3 me-is-EL will respond to any complaints that it receives within a term of 14 days after receipt. me-is-EL will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
7.4 The Buyer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, colour, finishing, etc. of the Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. me-is-EL will not be liable for any damage that the Buyer sustains as a result of such complaints.
7.5 The Buyer will fully cooperate in the event that me-is-EL recalls a Product. The Buyer will notify me-is-EL immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of LAAELstudio or one or more of its group companies. The Buyer acknowledges LAAELstudio’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
8.2 me-is-EL refers to the disclaimer with regard to the intellectual property rights in respect of the Website.
9. RETENTION OF TITLE
9.1 me-is-EL will retain the title in respect of any and all goods to be delivered until the following obligations towards me-is-EL have been complied with in full:
the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.
10. GUARANTEE AND LIABILITY
10.1 me-is-EL is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which me-is-EL is legally liable towards the Buyer, exceed the Purchase Price.
10.2 The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.
11. APPLICABLE LAW
11.1 The Agreement between the Buyer and LAAELstudio is governed by Dutch law.
12. INVALID PROVISIONS
12.1 In the event that any provision contained in these General Terms and Conditions is invalid:
the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
13.1 LAAELstudio will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet LAAELstudio will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.
The rights with respect to this website (the "Website") and the information, products, materials, software and services contained therein or otherwise provided thereby (the "Information") are owned by LAAELstudio, its group companies and/or its licensors ("me-is-EL","LAAEL"). LAAELstudio may amend these terms, the Website and/or the Information at any time without prior notice as well as deny or limit access to the Website and/or the Information.
me-is-EL hereby grants you a non-exclusive, revocable, non-assignable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deeplinking). me-is-EL makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, me-is-EL does not guarantee that the Information is complete and correct.
Electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; not arrive at its destination or be delayed.
Use of the Website and the Information is at your own risk. me-is-EL does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. me-is-EL does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.
me-is-EL is not liable for any costs incurred or damage sustained directly or indirectly in connection with the Website, the Information or electronic communication, including if the Website, the Information or electronic communication (i) is unusable or can only be used in part or with limitations, (ii) lacks accuracy, relevance or currency or contains typing errors, (iii) is intercepted, manipulated, infected, does not arrive at its destination (iv) is delayed, (v) causes loss of data or (vi) harms computer systems. All exclusions of liability shall apply regardless of the legal ground on which liability is based.
The provisions in these terms are made for the benefit of LAAELstudio and its past, present and future group companies, shareholders in LAAELstudio and their respective holding companies, persons having worked for, working for and going to work for LAAELstudio or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).
The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of the Netherlands. Disputes shall be submitted to the competent court in Arnhem. Notwithstanding the above, LAAELstudio shall have the right to institute proceedings in any competent court in your jurisdiction.