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Article 1: Definitions


The following definitions apply in these terms and conditions.

Entrepreneur/Trader/Contractor: the natural or legal person who offers products and or services to consumers/clients from a distance.

Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader.

Client: the natural person or legal person who has given an assignment to the contractor to carry out work.

Work: All work for which an assignment is given by the client to the contractor. carried out by contractor or his representatives. This applies in the broadest sense of the word and shall include the workactivities stated in the order confirmation.

In writing: communication via paper, and/or e-mail

Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded.

Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.

Withdrawal period: the period within which the consumer can make use of his right of withdrawal

Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period.

Day: calender day

Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time

Durable medium: every means that enables the consumer or trader to store information that is adressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.

Article 2: Identity of the trader/entrepreneur

Mellanie Migchelbrink

Zevenheuvelenweg 44

6571 CK Berg en Dal

Tel# 024 7855643

Email:info@mappadelmondo.com

KVK# 57956553

TAX# NL163244686B01

Bank# NL80RABO0329332627

Article 3: Applicability

  1. these general terms and conditions aplly to every offer made by an trader and to every distance contract that is realised between an trader and a consumer.
  2. Proir to the conclusion of a distance contract, the text of these general termsand conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded.That the general terms and conditions will be sent free of charge to the consumer, as quickly as possible at the consumers request. Or will be provided electronically in such a way that the consumer can easily store them on a durable data carier.

3.These general terms and conditions apply to all quotes, assignments and agreements entered into by the contractor. The applicability of the terms and conditions of the client by whatever name is hereby rejected.

 Article 4 - the offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products and/or services being offered. The despription is sufficiently detailed to enable the consumer te make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the product and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
  • The price included VAT/TAX;
  • Any costs of delivery;
  • The way in which the contract shall be concluded and which actions this will require;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery and implementation of the contract;
  • The period for accepting the offer or the priod for which the trader guarantees the price;
  • The size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
  • If a contract is filled subsequent to its conclusion, ad if so, the way in which this can be accessed by the consumer;
  • The way in which the consumer can obtain information about the data he has provided for in course of the contract, as well as the way he can rectify these before the contract is concluded;
  • The languages in which in addition to Dutch, the contract can be concluded;
  • The beharioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically;
  • The minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.

 
Article 5 - the contract

  1. The contract will de concluded, subject to that which is stipulated in prargraph 4, at the moment at which the consumer accepts the ofeer and the conditions therby stipulated have been fullfilled.
  2. If the consumer has accepted the offer electronically, the trader will emmediately confirm recept of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the elctronical transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
  4. The trader may obtain information-within statutory frameworks-about yhe consumer's ability to fullfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. Together with the product or service, the trader will send to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium.
  6. The office address of the trader's business location where the consumer can lodge complaints;
  7. The conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
  8. Information on guarantees and existing after-sales service; 
  9. The data included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer whith these prior to concluding the contract;
  10. The requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
  11. In case of a extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
    7. Contracts and agreements to carry our work are made by reply by mail to info@mappadelmondo.com send by the contractors quotation including attachments with the entry: Assignment is agreed including the attachments, with the full name, the date and place of the client. Abnormalities and changes made by the client do not bind the contractor, only if they have been confirmed in writing by the contractor explicitly. Quotations are based on the information provided by the client. Client guarantees that to the best of his knowledge he will provide all the essential information to the contractor. The contractor will to the best of his knowledge and ability perform the service/work. As in the implementation of the work shows that there are circumstances that require a modified approach, then deviations from the original contract can be agreed upon by client and contractor. Both the client and the contractor have a duty to identify this in time, and to discuss the consequences and (additonal) costs. All quotes and options on work to be performed expire automatically 2 weeks after contractor has sent the quote to the client.

Article 6 A- Right of withdrawal of products

  1. When purchasing products, a consumer has the possibility of dissolving the contract during fourteen days. This period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the trader.
  2. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and-in as far as this is reasonably possible-in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.

    Article 6 B-Right of withdrawal of services
    The client has the possibility of dissolving the contract during fourteen days. This period commences on the day after the agreement was received by the client. Cancellations and changes must be declared in writing to the contractor.

    Article 7 - Costs in a case of withdrawal
  3. If a consumer makes use of his right of withdrawal, he shall be responsible for at the most, the costs of returning the goods.
  4. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
    3. Costs for cancellations of work shorter than 14 days before the start date: 50 % of the total agreed rate .

Article 8 - Preclusion from the right of withdrawal

Preclusion from the right of withdrawal is only possible for services:relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;

Article 9 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, exept for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, the trader may offer products and or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
  5. a) They are the result of statutory regulations; or
  6. b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  7. Prices stated in offers of products or services include VAT.
    6. The rate for work is set out in an order confirmation per assignment. All quoted prices include VAT, but are excluded from travel expenses and parking costs. The costs for travel are €0.21 per kilometer charged from the adress of the contractor unless otherwise stated or agreed upon.

Article 10 - Conformity and Guarantee

  1. The trader guarantees that the products and/or services fullfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
  2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.

Article 11 - Supply and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemd to be the address that the consumer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, through at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
  4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
  5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right the withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
  6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicity been agreed otherwise.

    Article 12 - Payment
  7. The amount owned by the consumer must be paid directly in the online payment system in the Webshop. Or by banktransfer unless this has explicitly been agreed other wise. 
    2.In case of an agreement to services/work the client should pay within 14 days after receiving the invoice. Unless this has explicitly been agreed other wise. If the invoice is not paid in time the client wil be charged statutory interest over the outstanding amount from the due date of the invoice untill the day of full settlement of the payment. All costs incured by the contractor to collect the outstanding amount shall be paid for by the client
    3. The consumer and the trader are obliged to report immediately any inaccuracies in payment data provided or stated.

Article 13 - Complaints procedure
1. Complaints about exercising the contract, must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discoverd the defects.
2 A reply to complaints submitted to the trader will be provided within a period of 7 days, calculated from the day of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming recept and indicating when the consumer can expect a more elaborate reply. Complaints can be made in writing via: info@mappadelmondo.com

Article 14- Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

Article 15-Intellectual property rights and copyright
Techniques, described methods and recipes that have been used for the progress of the work, remains the property of the contractor. Duplication in any way, whatsoever can therefor only take place after the written permission of the contractor. The copyright for the published recipes and working methods of the workshop material rests with the contractor, unlezz another copyright holder is indicated on the work itself.

Article 16- Liability
Contractor performs the work tot the best of its knowledge and ability. Contractor is responsible for the quality and progress of the work. The results however, is equally dependent on factors outside the influence of the contractor, if that is a result of the activities of the client. Contractor cannot be held responsible for any damage as a result of incorrect or incomplete information provided by the client. The liability of the contractor shall in all cases be limited to the invoice value of the portion of the agreement from which the liability arises.

Article 17-Superior power
In this respect siperior power means unforseen circumstances apart from one's will, as a result of which fullfillment of the agreement by the other party can no longer reasonably be required.Examples for causes of superior power are acute illnesses, disease, strikes, traffic and weather conditions that prevent timely arrival at the client. The party that believes to come into a superior power situation should immediately inform the other party.In the event of permanent superior power the agreement will be dissolved and none of the parties are required to compensation.

Article 18 Disputes and applicable law
Disputes arrising from these terms and conditions, or the agreement are initially solved by using the complaints procedure refered to in article 13. If this does not lead to a solution then the dispute can be submitted to other authorities or be brought before court in Arnhem. On all agreements concluded with client/contractor the Dutch law applies.

The above terms and conditions are registered at the chamber of commerce.