RESERVE

+31 (20) 676 11 95

Terms and Conditions

Article 1 - Definitions

  1. Maydanoz, located at Ceintuurbaan 9 Amsterdam, Chamber of Commerce number, is referred to in these general terms and conditions as the service provider.
  2. Customer: the person with whom Maydanoz has entered into an agreement.
  3. Parties: Maydanoz and Customer together.
  4. Consumer: a Customer who is also an individual and acts as a private person.

Article 2 - Applicability

  1. These terms and conditions apply to all offers, quotations, work, orders, agreements, and deliveries of services or products by or on behalf of Maydanoz.
  2. Maydanoz and the Customer can only deviate from these terms if agreed upon in writing.
  3. Maydanoz and the Customer expressly exclude the applicability of the Customer’s general terms and conditions or those of others.

Article 3 - Prices

  1. Maydanoz hanteert prijzen in euro’s en exclusief btw en exclusief eventuele overige kosten zoals administratie- of verzendkosten, tenzij schriftelijk anders  is afgesproken.
  2. Maydanoz mag de prijzen van zijn diensten en producten op zijn website en in andere uitingen altijd wijzigen.
  3. Maydanoz en de Klant spreken voor een dienstverlening door Maydanoz een totaalbedrag als richtprijs af, tenzij schriftelijk anders is afgesproken.
  4. Maydanoz mag tot 10% van de richtprijs afwijken.
  5. Maydanoz moet de Klant op tijd laten weten waarom een hogere prijs gerechtvaardigd is, wanneer de richtprijs meer dan 10% hoger uit gaat vallen.
  6. De Klant mag het deel van de opdracht dat boven de richtprijs (vermeerderd met 10%) uitkomt laten vervallen, wanneer de richtprijs meer dan 10% hoger uit  gaat vallen.
  7. Maydanoz mag zijn prijzen jaarlijks aanpassen.
  8. Maydanoz zal prijsaanpassingen meedelen aan de Klant voorafgaand aan de ingang ervan.
  9. De consument mag de overeenkomst met Maydanoz opzeggen wanneer hij het niet eens is met de prijsverhoging.

Article 4 - Payments and Payment Terms

  1. The Customer pays for products immediately in the store.
  2. Maydanoz may require an advance payment of up to 50% of the agreed amount upon entering into the agreement for a service.
  3. The Customer must pay invoices to Maydanoz within the invoice date unless otherwise agreed or another payment term is stated on the invoice.
  4. The mentioned payment terms are strict deadlines. If the Customer has not paid the amount by the last day of the payment term, he is automatically in default and in breach without Maydanoz needing to send a reminder or declare the Customer in default.
  5. Maydanoz may condition delivery on immediate payment or require security for the total amount of the service.

Article 5 - Right of Reclamation

  1. When the Customer is in default, Maydanoz may invoke the right of reclamation regarding the unpaid products delivered to the Customer.
  2. Maydanoz exercises its right of reclamation by sending a written or electronic notice to the Customer.
  3. As soon as the Customer is informed of the invoked right of reclamation, the Customer must immediately return the relevant products to Maydanoz unless otherwise agreed in writing.
  4. The Customer bears the costs for retrieving or returning the products in paragraph 3.

Article 6 - Right of Withdrawal

Article 7 - Right of Retention

  1. Maydanoz may exercise its right of retention and in that case keep the Customer’s products until the Customer has paid all outstanding invoices from Maydanoz unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements for which the Customer still owes money to Maydanoz.
  3. Maydanoz is not liable for any damage that the Customer suffers due to the use of its right of retention.

Article 8 - Retention of Title

  1. Maydanoz remains the owner of all delivered products until the Customer has paid all outstanding invoices from Maydanoz related to an underlying agreement, including claims due to non-compliance.
  2. Until then, Maydanoz can exercise its retention of title and reclaim the goods.
  3. Before ownership has transferred to the Customer, the Customer may not pledge, sell, transfer, or otherwise encumber the products.
  4. If Maydanoz exercises its retention of title, the agreement is deemed terminated, and Maydanoz may claim damages, lost profits, and interest from the Customer.

Article 9 - Insurance

  1. The Customer must adequately insure and keep insured the following against damage such as fire, explosion, water damage, and theft:
    • delivered goods necessary for the execution of the underlying agreement
    • goods belonging to Maydanoz present at the Customer’s location
    • goods delivered under retention of title
  2. At Maydanoz’s first request, the Customer shall provide access to the policy of these insurances.

Article 10 - Storage

  1. If the Customer accepts ordered products later than the agreed delivery date, the risk of any quality loss is entirely on the Customer.
  2. Any additional costs resulting from early or late acceptance of products are entirely at the Customer’s expense.

Article 11 - Warranty

  1. If the Customer accepts ordered products later than the agreed delivery date, the risk of any quality loss is entirely on the Customer.
  2. Any additional costs resulting from early or late acceptance of products are entirely at the Customer’s expense.
  3. 1. The warranty does not apply:
    • in the case of normal wear and tear
    • for damage caused by accidents
    • for damage caused by modifications made to the product
    • for damage due to negligence or improper use by the Customer
    • when the cause of the defect cannot be clearly established
  4. The risk of loss, damage, or theft of the products delivered by Maydanoz transfers to the Customer as soon as they are legally or factually delivered, or come into the power of the Customer or a third party receiving the product on behalf of the Customer.

Article 12 - Execution of the Agreement

  1. Maydanoz will execute the agreement to the best of its knowledge and ability and according to the standards of good craftsmanship.
  2. Maydanoz may have the agreed services executed in whole or in part by others.
  3. The execution of the agreement occurs in consultation and after written approval and payment of any advance by the Customer.
  4. The Customer must ensure that Maydanoz can start executing the agreement on time.
  5. If the Customer fails to ensure that Maydanoz can start in a timely manner, any resulting additional costs will be borne by the Customer.

Article 13 - Information Provision by the Customer

  1. The Customer shall provide all information, data, and documents relevant for the proper execution of the agreement in a timely manner and in the desired form and manner to Maydanoz.
  2. The Customer is responsible for the accuracy and completeness of the provided information, data, and documents, even if they originate from third parties, unless otherwise follows from the nature of the agreement.
  3. When requested by the Customer, Maydanoz will return the relevant documents.
  4. If the Customer does not, not in time, or not properly provide the information, data, or documents reasonably requested by Maydanoz, and the execution of the agreement is delayed as a result, any resulting additional costs and extra hours will be at the Customer’s expense.

Article 14 - Indemnification

  1. The Customer indemnifies Maydanoz against all claims from third parties related to the products and/or services provided by Maydanoz.

Article 15 - Complaints

  1. The Customer must investigate any products delivered or services rendered by Maydanoz as soon as possible for any shortcomings.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify Maydanoz of this within 1 month after identifying the shortcoming.
  3. A consumer must notify Maydanoz no later than 2 months after identifying the shortcoming.
  4. The Customer must provide a detailed description of the shortcoming so that Maydanoz can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Maydanoz.
  6. When a complaint concerns ongoing work, the Customer cannot demand that Maydanoz perform other work than agreed.

Article 16 - Notice of Default

  1. The Customer must make any notice of default known to Maydanoz in writing.
  2. The Customer is responsible for ensuring that his notice of default actually reaches Maydanoz in a timely manner.

Article 17 - Liability of Customer

  1. When Maydanoz enters into an agreement with multiple Customers, each of them is jointly liable for complying with the agreements in that agreement.

Article 18 - Liability of Maydanoz

  1. Maydanoz is only liable for damages suffered by the Client when that damage is caused by intent or gross negligence.
  2. When Maydanoz is liable for damages, it is only for direct damages related to the execution of an underlying agreement.
  3. Maydanoz is not liable for indirect damages, such as consequential damages, lost profits, or damages to third parties.
  4. When Maydanoz is liable, this liability is limited to the maximum amount that the insurer pays out in the relevant case.
  5. If the insurance does not cover the damage, the liability is limited to the agreed amount of the order (exclusive of VAT).

Article 19 - Limitation Period

  1. Any right of the Client to compensation from Maydanoz expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code (BW).

Article 20 - Termination

  1. The Client may rescind the agreement if Maydanoz is in default of fulfilling its obligations, unless this default does not justify termination due to its special nature or minor significance.
  2. If the fulfillment of Maydanoz’s obligations is still possible, termination can only take place after Maydanoz is in default.
  3. Maydanoz may rescind the agreement with the Client if the Client does not fully or timely fulfill its obligations, or if Maydanoz becomes aware of circumstances that give it good reason to believe that the Client will not fulfill its obligations.

Article 21 - Force Majeure

Article 22 - Assignment of Agreement

  1. If it is necessary to amend an existing agreement for its execution, the Client and Maydanoz may adjust the agreement.

Article 23 - Amendment of General Terms and Conditions

  1. In addition to Article 6:75 BW, it is stipulated that a default of Maydanoz cannot be attributed to Maydanoz by the Client when there is a case of force majeure.
  2. If a situation of force majeure occurs that prevents Maydanoz from fulfilling one or more obligations to the Client, those obligations will be suspended until Maydanoz can fulfill them.
  3. From the moment that a situation of force majeure has lasted for at least 30 calendar days, both the Client and Maydanoz may rescind the agreement in whole or in part in writing.
  4. Maydanoz is not obliged to pay compensation to the Client in a situation of force majeure, even if Maydanoz benefits from it.

Article 24 - Transfer of Rights

  1. The Client may not transfer any rights from an agreement with Maydanoz to others without the written consent of Maydanoz.
  2. This provision applies as a clause with proprietary effect as referred to in Article 3:83, paragraph 2 BW.

Article 25 - Consequences of Nullity or Annulability

  1. If one or more provisions of these general terms and conditions prove to be null and void or annulable, this does not affect the other provisions of these terms.
  2. A provision that is null and void or annulable will be replaced by a provision that comes closest to what Maydanoz intended when drafting the terms at that point.

Article 26 - Applicable Law and Competent Court

    • Dutch law applies to these general terms and conditions and any underlying agreement between the Client and Maydanoz.
    • The court in the district of Maydanoz’s registered office is exclusively competent to hear any disputes between the Client and Maydanoz, unless the law provides otherwise.

    Drawn up on 22-03-2024

MENU

CONTACT

FOLLOW US:

Facebook Instagram

APPEARED IN:

Maydanoz-in-NRC
Maydanoz-in-Het-Parool

Do you have a lactose intolerance, gluten and/or nut allergy, or any other dietary preferences? No problem! Feel free to let us know.