Terms & Conditions

Article 1: Definitions

Malika Saymak B.V., based in Apeldoorn, Chamber of Commerce number 80429092, is referred to in these general terms and conditions as the seller. The counterparty of the seller is referred to in these general terms and conditions as the buyer. Both parties together are referred to as the parties. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of General Terms and Conditions

These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller. Deviations from these terms and conditions are only valid if explicitly and in writing agreed upon by the parties.

Article 3: Payment

The full purchase amount must always be paid immediately in the webshop. For reservations, a down payment may be required in some cases. In such cases, the buyer will receive proof of the reservation and the prepayment. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer fulfills their payment obligations. If the buyer remains in default, the seller will proceed with collection. The costs related to this collection are borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the seller against the buyer are immediately due and payable. If the buyer refuses to cooperate in the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.

Article 4: Offers, Quotations, and Price

Offers are non-binding unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer expires. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded unless expressly and in writing agreed upon by the parties. Offers and quotations do not automatically apply to repeat orders. Parties must expressly and in writing agree to this. The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.

Article 5: Right of Withdrawal

The consumer has the right to dissolve the agreement within 14 days after receiving the order without stating any reasons (right of withdrawal). The period starts from the moment the consumer has received the complete order. There is no right of withdrawal if the products are custom-made according to the consumer’s specifications or have a limited shelf life. The consumer may use a withdrawal form provided by the seller. The seller is obliged to provide this immediately upon the buyer’s request. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, they will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the seller’s reasonable and clear instructions.

Article 6: Modification of the Agreement

If, during the execution of the agreement, it appears necessary for a proper execution of the assignment to modify or supplement the work to be performed, the parties will adjust the agreement in time and in mutual consultation. If the parties agree that the agreement will be modified or supplemented, this may affect the completion time of the execution. The seller will inform the buyer of this as soon as possible. If the modification or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in advance in writing. If the parties have agreed on a fixed price, the seller will indicate to what extent the modification or supplement to the agreement results in an exceeding of this price. In deviation from the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplement results from circumstances attributable to them.

Article 7: Delivery and Transfer of Risk

As soon as the purchased goods are received by the buyer, the risk transfers from the seller to the buyer.

Article 8: Inspection and Complaints

The buyer is obliged to examine the delivered goods at the time of (delivery) or within the shortest possible period. The buyer must check whether the quality and quantity of the delivered goods comply with what was agreed upon, at least whether they meet the requirements that apply to them in normal (commercial) transactions. Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller within 10 working days after the delivery date. If a complaint is justified within the set period, the seller has the right to either repair, re-deliver, or waive the delivery and send the buyer a credit note for that part of the purchase price. Minor and/or customary deviations in the industry and differences in quality, quantity, size, or finish cannot be held against the seller. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement. Once the goods have been processed by the buyer, no complaints will be accepted.

Article 9: Force Majeure

If the seller is unable to, not timely, or not properly fulfill its obligations under the agreement due to force majeure, they are not liable for damages suffered by the buyer. Force majeure includes, among other things, any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required of the buyer, such as illness, war or war risk, civil war and riot, sabotage, terrorism, energy failure, flood, earthquake, fire, company occupation, strikes, worker lockouts, changed government measures, transport difficulties, and other disruptions in the seller’s business. Furthermore, parties consider force majeure to include the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller unless this can be attributed to the seller. If a situation as described above occurs, as a result of which the seller cannot meet their obligations towards the buyer, these obligations will be suspended as long as the seller cannot fulfill their obligations. If the situation mentioned in the previous sentence lasts 30 calendar days, the parties have the right to dissolve the agreement in writing, in whole or in part. If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible via a registered letter.

Article 10: Applicable Law and Jurisdiction

Every agreement between the parties is exclusively governed by Dutch law. The Dutch court in the district where Malika Saymak B.V. is located has exclusive jurisdiction to hear any disputes between the parties unless mandatory legal provisions dictate otherwise. The applicability of the Vienna Sales Convention is excluded. If, in a legal procedure, one or more provisions of these general terms and conditions are deemed unreasonably onerous, the remaining provisions remain in full force.