MKC Moto is part of MKC Moto B.V. Located at Rijndijk 2b, 2394 AH Hazerswoude-Rijndijk.
Telephone number: 071-3423900
E-mail address: info@mkcmoto.nl
BTW-identificatienummer: NL006607123B01
Chamber of Commerce number: 28023264 in Leiden
Article 1 DEFINITIONS
For the purposes of these terms and conditions:
a. Entrepreneur: every natural or legal person who runs a business in the fashion and/or shoe retail trade;
b. consumer: a natural person who, not acting in the course of a profession or business, purchases fashion items and/or shoes as a client or repairs them from the entrepreneur;
c. fashion articles and/or shoes shall also include other articles related to these branches insofar as they are sold by the entrepreneur referred to under a;
Article 2 APPLICABILITY
These terms and conditions apply to purchase agreements and to agreements to make or entertain/repair fashion items and shoes, which are concluded between an entrepreneur and a consumer.
Article 3 OFFERTES
Quotations shall, unless the quotation indicates otherwise or unless otherwise agreed, be valid for a period of two weeks from the date of receipt.
Article 4 FOREIGN PAYMENT
The entrepreneur is entitled to request an advance payment up to a maximum of 50% of the purchase amount when entering into the agreement. This must be agreed upon in writing. If the purchase amount is paid in full, then the entrepreneur will provide the consumer with a receipt and proof of ownership. In the absence of a written agreement and/or receipt/proof of ownership, the amount to be paid in advance, the amount paid down and/or the ownership can be legally proven by all means by the parties.
Article 5 Exchange
1. Unless otherwise agreed upon, the consumer shall be entitled to exchange the fashion item and/or shoes purchased, provided that the following conditions are met:
a. exchange takes place within 14 days (or if agreed otherwise: within the agreed period) of the purchase of the purchased fashion item and/or the shoes on presentation of the original receipt or invoice;
b. the fashion item and/or shoes are returned with the original packaging and have not yet been worn;
2. The provisions of paragraph 1 do not apply to discounted fashion items and/or shoes. There can also be no exchange of fashion items and/or shoes that are individualised, that is to say specially made to measure or otherwise adapted for the consumer, and for items that have been ordered by the entrepreneur at the explicit request of the consumer.
Article 6 PROPERTY AND RIGHTS
OF RETENTION
1. The entrepreneur may reserve the ownership of all fashion items and/or shoes supplied by him. The consumer shall not become the owner of the purchased fashion items and/or shoes until he has paid the purchase price and any additional amounts owed in full to the entrepreneur.
2. The entrepreneur may exercise the right of retention when the consumer fails to meet a due and payable obligation, unless the failure does not justify this retention.
Article 7 DETERMINATION, TRANSITION AND FORCE MAJEURE
1. Every shortcoming of the entrepreneur in the fulfilment of his obligations gives the consumer the authority to dissolve the agreement in whole or in part, unless the shortcoming - in view of its special nature or minor importance - does not justify this dissolution with its consequences. As far as compliance is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
2. When the entrepreneur is in default, the consumer can inform him in writing to claim replacement damages instead of compliance. This conversion is not possible if the shortcoming - in view of its subordinate meaning - does not justify it.
3. Force majeure is understood to mean any shortcoming which cannot be attributed to the entrepreneur. Attribution does not take place if the shortcoming is not due to his fault, nor by virtue of law, legal act or generally accepted opinion.
4. The consumer shall be informed of the force majeure as soon as possible in writing by the entrepreneur, unless the consumer's address has not been made known to the entrepreneur, nor can reasonably be known.
Article 8 DELIVERY TERMS OF DELIVERY
1. Delivery is considered to have taken place at the moment the entrepreneur puts the consumer in possession of the purchased fashion item or shoes or - in case of refusal after written notice of default - can put the consumer in possession of the purchased fashion item or shoes. After delivery, the risk of the fashion items and/or shoes shall pass to the consumer.
2. The term of delivery applies as a final term, unless parties agree on a probable term.
3. If the fixed or probable term of delivery is exceeded, the consumer shall give notice of default to the entrepreneur in writing, whereby a reasonable term for compliance shall still be offered. Reasonable period means the original probable delivery time with a maximum of one month. If the entrepreneur does not deliver within this further period, then the consumer has the right to dissolve the agreement without judicial intervention and / or to claim damages. The entrepreneur is only obliged to compensate the damage which is in such a connection with the exceeding, that it can be attributed to her in view of the nature of the liability and the nature of the damage.
4. If the delivery deadline is exceeded, the consumer has the right to declare the agreement dissolved without notice of default or judicial intervention and/or to demand compensation, on presentation of proof of that damage.
5. A notice of default is not necessary when the delivery has become permanently impossible or it has otherwise become apparent that the entrepreneur will not fulfil his obligations from the purchase agreement.
Article 9 GUARANTEES
1. The entrepreneur guarantees that the delivered fashion item and/or shoes comply with the agreement (conformity). Furthermore, the entrepreneur shall guarantee that the fashion item and/or the shoes possess characteristics which, all circumstances taken into account, are necessary for normal use, as well as for a special use as far as this has been agreed upon.
2. However, the entrepreneur shall not be held responsible for defects as well as resulting damage that have occurred after the delivery of the fashion items and/or shoes as a result of incompetent use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered item.
3. The consumer fully retains his legal guarantee rights, regardless of what has been determined in section 1 and 2 regarding the commercial guarantee issued by the entrepreneur.
Article 10 PAYMENT
1. The amount owed to the entrepreneur shall be paid to him immediately upon delivery against proof of discharge, unless the parties agree otherwise.
2. In the event that an invoice is sent, a payment term of a maximum of fourteen days after receipt of the invoice by the consumer shall apply, unless another payment term has been agreed upon. The consumer shall automatically be in default if he has not paid the amount due after the expiry of this term of payment.
3. If the consumer is in default, the entrepreneur shall send him a payment reminder, in which he points out his default to the consumer and in which he still offers him the opportunity to pay the amount due within a period of fourteen days after receipt of this payment reminder.
4. If the consumer fails to meet his payment obligations even then, the entrepreneur shall be authorised to collect the amount due without further notice.
Article 11 SCIENTIFIC RENEWAL AND EXTERNAL COSTS
1. In the event of late payment of an amount owed, the entrepreneur shall be authorised to charge the statutory interest, calculated from the date of commencement of the default pursuant to article 10 of these terms and conditions until the date of payment.
2. The extrajudicial costs reasonably incurred by the entrepreneur with a minimum of € 35 shall be charged to the consumer.
Article 12 IMPLEMENTATION OF DISSOLUTION
After dissolution of the agreement, the parties must immediately undo the services already provided, such as an advance payment. The entrepreneur is entitled to apply a reasonable deduction for use to the purchase price to be returned in case the consumer has worn the purchased fashion items and/or shoes.
Article 13 COMPLAINTS
1. Complaints about defects in purchased fashion items, shoes and/or other complaints about defects in the execution of the agreement shall be submitted to the entrepreneur as soon as possible, but at the latest within 2 months after they have been discovered.
2. The consumer should preferably make his complaints known to the entrepreneur in writing.
3. Before being able to make use of his right of complaint, the consumer shall, at the request of the entrepreneur, prove that the agreement to which the complaint relates has been concluded with this entrepreneur. To this end, the consumer is advised to keep the proof of purchase or the proof of intake for repair or the proof of order to make the fashion item and/or the shoes.
Article 14 DISCHILLES
Disputes between the consumer and the entrepreneur about the realization or execution of agreements concerning fashion items and/or shoes to be delivered or delivered by this entrepreneur, can only be submitted to the competent court.
Article 15 NETHERLANDS RIGHT
All agreements to which these terms and conditions have been declared applicable are subject to Dutch law.
Article 16 AMENDMENTS
Individual deviations, including additions or extensions to these terms and conditions, are only valid if they have been laid down in writing between the entrepreneur and the consumer, for example by means of a cash register or order form, or if this has been made demonstrably public in the shop.
Article 17 KLARNA PAYMENT METHODS
To offer you Klarna's payment methods, we may provide your contact and order details to Klarna during the checkout process (checkout) so that Klarna can assess your eligibility for Klarna's payment methods and tailor these payment methods for you. Your personal data will be processed in accordance with Klarna's privacy statement https://www.klarna.com/international/privacy-policy
Terms and conditions for subsequent payment via Billink
Your supplier has authorised Billink B.V. to execute the payment option "subsequent payment on invoice via Billink". When you make use of this payment option, you declare that you agree with Billink B.V.'s payment terms and conditions.
Billink:
The private company with limited liability Billink B.V., having its registered office in Rotterdam and registered in the trade register under number 24474894.
Supplier:
The natural person or legal entity which offers its services and/or goods via an online web shop and offers the option "payment in arrears on invoice via Billink" for payment of these services.
U:
The natural or legal person who purchases goods and/or services from the supplier and uses the payment option "pay in arrears on invoice via Billink".
Article 1. Terms and conditions for use of Billink
1. These terms and conditions apply to any agreement in which use is made of the option "subsequent payment on invoice via Billink". By using this payment option, you explicitly agree to the applicability of these terms and conditions.
2. Your invoice and delivery address is in the Netherlands. This address may not be a PO Box address;
3. By using this payment option, you declare that you have not applied for a suspension of payments and have not been declared bankrupt;
4. By using this payment option, you declare that you have not been admitted to the procedure or mediation in accordance with the Natural Persons Debt Rescheduling Act (Wet Schuldsanering Natuurlijke Personen);
5. When using this payment option, you declare that you have not been placed under a patrimonial regime, protective custody or guardianship;
6. When using this payment option, you declare that you are 18 years of age or older;
7. By providing (personal) data in order to use the Billink payment solution in connection with your order, you consent to the processing of your data and whether or not to test them online so that Billink can let you know immediately whether your request has been accepted;
8. You are obliged to provide Billink with the correct details with your request and are liable for compensation of any damage resulting from the incorrect details provided to Billink or the Supplier.
Article 2. Acceptance
1. Billink reserves the right to refuse your choice for the Billink payment service, possibly without giving reasons;
2. You will be notified online as soon as possible whether your request has been approved;
3. In principle, the result referred to in Article 2.2 is determined by a creditworthiness test. Billink reserves the right - irrespective of the result of this test - to approve or refuse your request;
4. After initial acceptance, Billink reserves the right to refuse your application within 7 days.
1. You will receive the invoice from Billink. You can only pay this by means of an online transfer or a regular transfer via your bank;
2. Billink is fully authorised by the supplier to handle the invoice. This includes the following:
- The engagement of any third parties, including, but not limited to, a collection agency, lawyer or bailiff;
- The charging of interest and costs resulting from the failure to pay the invoice in full.
Article 4. Costs of payment order
1. Any (banking) processing costs are for the account of the Billink user.
Article 5. Payment term
1. Billink uses a payment term of 14 days. 14 days after the invoice date the amount must be credited to Billink's account. Please take into account the possible processing time of the banks. The date mentioned on Billink's account statement is at all times leading for determining the moment of payment of the claim.
2. Your invoice may deviate from the standard payment term. The payment term stated on the invoice is leading in this respect.
Article 6. Change of address
1. You are obliged to inform Billink of any changes of address and/or e-mail. As long as Billink has not received a change of address, you will be deemed to reside at the last address known to Billink and you will remain liable for the outstanding balance. Even if this balance has been increased in the interim with any interest and costs;
2. You can inform Customer Service of any changes of address. This can only be done by e-mail at info@billink.nl.
Article 7. Payment default
1. If you fail to pay within the period referred to in article 5, the amount owed will be immediately due and payable and you will be in default of payment without any further notice of default being required;
2. Billink is entitled to charge administration costs for any reminders sent;
3. From the date that you are in default of payment Billink is entitled to charge statutory interest;
4. Billink is entitled to charge collection costs as well as other reasonable costs that qualify for compensation as financial loss in the sense of Section 6:96 of Book 6 of the Dutch Civil Code, without the involvement of a third party being necessary for this purpose;
5. Billink will be entitled to increase the claim by all judicial and extrajudicial costs caused by the non-payment, including the costs of the attorney at law, attorney at law, fiduciary, bailiff and collection agency. The following applies to the extrajudicial costs:
a) If you are not acting in the course of a business or profession, extrajudicial collection costs will be charged after the expiry of the term as stated in the notice of default in accordance with the "Besluit Vergoeding voor Buitengerechtelijke Incassokosten" (Decree on Compensation of Extrajudicial Collection Costs), as referred to in section 6:96 of the Dutch Civil Code, with a minimum of € 40.00;
b) If you act in the capacity of exercising a business or profession, extrajudicial collection costs of 15% of the principal sum due will be claimed, with a minimum of € 75.00. In accordance with article 6:96, paragraph 4, no further notice of default is required.
Article 8. Treatment of personal data
1. Billink respects your privacy and ensures that your personal information is treated confidentially. If you choose the Billink payment service Billink will ask you for personal information. Billink uses these details to enter into and execute your request, to prevent and combat fraud, for statistical analysis and to be able to comply with legal obligations. In connection with a responsible acceptance policy Billink can provide you with an
Carry out a data test. The purpose of this is to control risks and combat fraud. The information provided by you will be included in Billink's customer database. This is necessary for the financial processing of orders placed by you. When your details are included in Billink's customer database it will be checked whether you have any other financial obligations. If you fail to meet your financial obligations arising from the order you have placed or the agreement you have entered into, this information will be registered by Billink in its customer database in order to limit further financial risks for Billink and its clients and for the purpose of creditworthiness testing. Billink may make use of its affiliated Central Collection Agency for this purpose.
B.V. The processing of personal data takes place in compliance with the Personal Data Protection Act. Billink may also use your personal details to inform you about products and services that are relevant to you. If you do not wish to receive such information, please let Billink know. Billink will then block your personal details. Billink refers you to its privacy statement. The data processing within Billink has been reported to the Dutch Data Protection Authority (College Bescherming Persoonsgegevens).
Article 9. Liability
1. Billink can only be held liable for damage that can be attributed to its intent or gross negligence, or that has arisen as a result of circumstances that are for its account on the basis of mandatory rules of law. Billink can never be held liable for consequential or trading loss and loss of profit or turnover;
2. If, for any reason whatsoever, Billink is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with respect to the product or service that caused the damage.
Article 10. Applicability of law and competent court
1. Every agreement between you and Billink is subject to Dutch law. Disputes will be submitted to the competent court in Rotterdam, unless the law explicitly designates another court as competent.
