1.1 MYDOO: the company owned by Mr. M. van Praag, holding office and located at Carnapstraat 114 (1062 KT) in Amsterdam (The Netherlands). Also acting under the names; MyCandle and MYDOO Import & Export. 1.2 Customer: the natural or legal person acting in the performance of his or her profession and/ or company. 1.3 Consumer: the natural person not acting in the performance of a profession, business or craft.
2. The agreement
2.1 An agreement is concluded between MYDOO and the Customer the moment the Customer has accepted an offer made by MYDOO and MYDOO has informed the Customer that it has received this acceptance. 2.2 In the event that the offer made by MYDOO and/ or the acceptance made by the Customer takes place without both being in the same room at the same time, there is a distance agreement. 2.3 In the event of a distance agreement between MYDOO and a Consumer, the Consumer has the right to unilaterally dissolve the agreement within 14 days after receipt of the goods, without giving a reason, by means of a written statement. 2.4 The consumer must address the statement referred to in article 2.3 to:
2.5 If the Consumer exercises the right referred to in Article 2.3, he has the obligation to return the goods to MYDOO without delay and for his own account and risk. Until the moment of receipt of the goods by MYDOO, the Consumer remains liable for any damage, theft and / or loss. MYDOO is entitled to set off any damaged, stolen and / or lost goods, as well as the shipping costs of the return shipment if these costs have not been paid by the Consumer, against any funds received by the Consumer.
3.1 MYDOO delivers the goods within 30 days after the conclusion of the agreement, unless the parties have agreed otherwise in writing. 3.2 If MYDOO does not deliver within the period set by it, the Customer has the right to unilaterally terminate the agreement by means of a written statement. The Customer is only entitled to unilateral dissolution after he has given MYDOO notice of default in writing and has given it a reasonable period of time to comply with which the minimum period is 14 days. 3.3 MYDOO delivers its goods to the invoice address unless the parties have agreed otherwise in writing. 3.4 MYDOO is entitled to charge the Customer shipping costs.
4. Payment term and grounds for termination
4.1 The payment term for the Customer is 30 days after the invoice date, unless a different term has been agreed in writing, the final day of the payment term is regarded as a strict deadline between the parties, as a result of which the Customer will be in default by the expiry thereof without further notice of default being required. 4.2 In the case of an order by a Consumer, the latter must have paid for the order in full prior to the delivery of the goods. 4.3 MYDOO is entitled to suspend any (further) deliveries if the Customer and / or Consumer does not comply with the provisions of Article 4.1 of these general terms and conditions. In the aforementioned case, suspension will not lead to a right of the Customer and / or Consumer to terminate the agreement or grant them any right to compensation. 4.4 If the payment term of any invoice to the Customer has expired without the latter having paid it, all previous and subsequent invoices become immediately due and payable. In addition, MYDOO is entitled to demand a security for all subsequent deliveries to the extent of at least the upcoming invoice amount before it proceeds to (further) delivery. 4.5 The Customer is obliged to provide evidence of payment (free of charge) upon first request from MYDOO. 4.6 MYDOO remains entitled at all times to unilaterally terminate the agreement between the Customer if it has well-founded assumptions/ fear of failure that the Customer cannot or will not fulfil his (further) payment obligations. This assumption/ fear of failure is in any case justified if the Customer is granted a moratorium, or is declared bankrupt, or if the Customer has indicated that he is unable or unwilling to meet his payment obligations in the short term. 4.7 MYDOO remains entitled at all times to unilaterally terminate the agreement if a Consumer is placed under administration or if the Natural Persons Debt Restructuring Act is declared applicable to him. 4.8 If the agreement is terminated on the grounds referred to in Article 4.6 or 4.7, the Customer or Consumer is liable for damages for both the lost turnover and the lost profit and costs incurred.
5. Limitation of liability and non-conformity
5.1 MYDOO is not liable for damage caused by products supplied by MYDOO, unless this damage was caused by intent or gross negligence on the part of MYDOO. 5.2 Insofar as MYDOO has any liability, the obligation to pay compensation never exceeds the value of the agreed order. 5.3 In any case, MYDOO's obligation to pay compensation is never more than what it is insured for, on the understanding that the insured sum is a maximum reimbursement and not a minimum reimbursement. 5.4 If the Customer invokes non-compliant delivery, he must inform MYDOO of this in writing within 3 days, on pain of forfeiture
6. Retention of title
6.1 MYDOO retains ownership of all products it has delivered until the full purchase price has been paid by the Customer or Consumer. Where "delivery" is used in this agreement, delivery is understood to be a condition precedent of the full purchase price. 6.2 The Customer or Consumer is obliged to behave as a careful keeper of the properties of MYDOO until the purchase price has been fully paid. 6.3 The Customer is obliged to take out household effects and liability insurance which provides cover for the goods delivered by MYDOO, on pain of joint and several liability for damage resulting from damage, loss or theft of the good. 6.4 If MYDOO proceeds to re-indicate its ownership, the Customer is also liable for all costs ensuing from this without further notice of default being required. 6.5 Until the moment of transfer of the goods - being the payment of the purchase price - the Customer is not entitled to establish any lien on the goods on pain of joint and several liability for any resulting damage.
7. Collection costs
7.1 At the moment that the Customer is in default, MYDOO is entitled to claim collection costs over the outstanding amount. For the amount of these collection costs, MYDOO agrees with the relevant provisions of the law, on the understanding that these amount to at least € 100,00 (one hundred euros) per invoice.
8.1 Transport of goods from MYDOO to the customer and / or Consumer is for the account and risk of MYDOO. Parties can deviate from this in writing.
9. Law, choice of forum and applicability
9.1 All agreements entered into by MYDOO are exclusively governed by Dutch law. 9.2 In the event of a dispute between MYDOO and the Customer and / or Consumer, only the competent court in the district of Amsterdam is authorized to take cognizance of the dispute. 9.3 These General Terms and Conditions apply to all agreements entered into by MYDOO. Any own general terms and conditions used by the Customer are expressly declared inapplicable. 9.4 If a clause in these general terms and conditions is invalid or voidable, then this does not lead to the annulment or invalidity of the entire general terms and conditions, but only to the annulment of the provision in question. The parties will then enter into consultation about the formation of a new provision that, in terms of its nature and content, is closest to the original provision.