A. GENERAL TERMS AND CONDITIONS
ARTICLE 1. SCOPE OF APPLICATION, CUSTOMERS
1.1. These General Terms and Conditions apply to all business relationships between Menyard, Gerard Noodtstraat 44, 6511 SX Nijmegen, The Netherlands, VAT No. NL866543582B01, Chamber of Commerce No. 93831099 (hereinafter referred to as the "Seller"), and its customers in the version valid at the time the contract is concluded. They also contain important customer information required by law.
1.2. Conflicting, deviating or supplementary general terms and conditions of the customer shall not become part of the contract unless expressly agreed to in writing by the Seller.
1.3. Customers within the meaning of these General Terms and Conditions are both consumers.
1.4. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.6. The Seller delivers to customers in- and outside Europe.
ARTICLE 2. OFFERS AND CONCLUSION OF CONTRACT VIA THE WEBSITE
2.1. All product presentations on the Seller's website constitute non-binding invitations to submit an offer.
2.2. By placing an order via the website, the customer submits a binding offer to conclude a purchase contract.
2.3. The order process consists of the following steps:
a. Selection of products and adding them to the shopping cart
b. Entering billing and delivery information
c. Selecting a payment method
d. Final review of the order
e. Submission of the order by clicking the purchase button
2.4. Receipt of the order is confirmed automatically by email. This confirmation does not constitute acceptance of the offer.
2.5. The contract is concluded when the Seller accepts the offer by:
a. Explicit confirmation via email, or
b. Dispatch of the ordered goods.
2.6. The Seller reserves the right to reject orders, in particular in the event of:
a. Incorrect pricing or typographical errors
b. Incomplete or incorrect customer information
c. Outstanding payment obligations from previous orders
ARTICLE 3. PRICES AND PAYMENT TERMS
3.1. All prices stated on the website are total prices including statutory VAT, excluding shipping costs.
3.2. Shipping costs are displayed separately during the ordering process.
3.3. Payment must be made in full prior to dispatch using one of the payment methods offered on the website.
3.4. The Seller reserves the right to change prices at any time; the price displayed at the time of ordering applies.
ARTICLE 4. SHIPPING COSTS AND IMPORT DUTIES
4.1. In addition to the purchase price, shipping costs will be charged. The amount is communicated before completion of the order.
4.2. For deliveries outside the European Union, additional customs duties, taxes or fees may apply. These are borne by the customer.
ARTICLE 5. DELIVERY, SHIPMENT IN SEVERAL PACKAGES
5.1. Delivery shall be made to the address specified by the customer during the order process.
5.2. The Seller may deliver orders consisting of multiple items in separate shipments if this is reasonable for the customer. Any additional shipping costs incurred shall be borne by the Seller.
ARTICLE 6. DELIVERY TIMES
6.1. Goods are usually dispatched within 2–5 working days, but no later than 14 days after conclusion of the contract, unless otherwise agreed.
6.2. If the Seller is unable to meet the delivery deadline, the customer will be informed without delay.
6.3. If delivery is delayed beyond 14 days and the goods have not yet been dispatched, consumers may withdraw from the contract free of charge.
ARTICLE 7. TRANSFER OF RISK
7.1. If the customer is a consumer, the risk passes only when the goods are handed over to the customer or a person designated by them.
7.2. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
ARTICLE 8. RETENTION OF TITLE
8.1. The goods remain the property of the Seller until full payment has been received.
8.2. In the case of entrepreneurs, the Seller retains ownership until all claims arising from the business relationship have been settled.
8.3. The customer must notify the Seller immediately of any seizure or interference by third parties.
ARTICLE 9. RIGHT OF WITHDRAWAL
9.1. Consumers are entitled to the statutory right of withdrawal.
9.2. The withdrawal period is fourteen (14) days from the day on which the consumer or a third party designated by them takes possession of the goods.
9.3. To exercise the right of withdrawal, the customer must register the goods via the return portal set up by the company.
9.4. Returned goods must be sent back within fourteen (14) days after notification of withdrawal.
9.5. Refunds will be made within fourteen (14) days using the original payment method, unless otherwise agreed.
9.6. The Seller may refuse reimbursement until the goods have been received or proof of return has been provided.
9.7. The customer bears the direct costs of returning the goods unless otherwise stated.
9.8. The customer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
ARTICLE 10. EXCLUSION OF THE RIGHT OF WITHDRAWAL
10.1. The right of withdrawal does not apply to goods that are:
· No longer have a barcode label.
· Be damaged or have other defects.
· Be unhygienic due to an unpleasant odor or perfume scent.
ARTICLE 11. WARRANTY AND LIABILITY
11.1. Statutory warranty rights apply.
11.2. The Seller shall only be liable for damages caused by intent or gross negligence.
11.3. In the case of consumers, liability limitations apply only insofar as permitted by law.
11.4. Liability for indirect or consequential damages is excluded unless mandatory statutory provisions apply.
ARTICLE 12. DATA PROTECTION
12.1. The Seller processes personal data in accordance with applicable data protection laws.
12.2. Personal data is used exclusively for contract performance and is not shared with third parties beyond this purpose.
12.3. Further information is available in the separate privacy policy.
ARTICLE 13. APPLICABLE LAW
13.1. This Agreement is governed by Dutch law.
13.2. Mandatory German consumer law continues to apply
ARTICLE 14. ALTERNATIVE DISPUTE RESOLUTION
14.1. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
ARTICLE 15. SEVERABILITY CLAUSE
15.1. Should individual provisions of these Terms and Conditions be invalid or unenforceable, the remaining provisions shall remain unaffected.
ARTICLE 16. LANGUAGE OF THE CONTRACT
16.1. Contracts may be concluded in English or Dutch.
B. Customer Information
ARTICLE 17. SELLER IDENTITY
The operator of the website, contractual partner and provider of this website is
Menyard
Gerard Noodtstraat 44
6511 SX Nijmegen
The Netherlands
Email: contact@menyardhomme.com
Website: www.menyardhomme.com
ARTICLE 18. TECHNICAL STEPS TO CONCLUDE THE CONTRACT
As described in § 2 of these Terms and Conditions.
ARTICLE 19. CUSTOMER SERVICE
Customer service inquiries can be sent to contact@menyardhomme.com.