Terms and Conditions

Terms and Conditions Mit Radi E-mail: Shopmitradi@gmail.com Website: www.MitRadi.com


Definitions
1. Mit Radi: Mit Radi, established in Dronten under Chamber of Commerce no. 88904830.
2. Customer: the person with whom Mit Radi has entered into an agreement.
3. Parties: Mit Radi and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.


Article 1 - Applicability of general terms and conditions


1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Mit Radi.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of
third parties expressly.

Article 2 - Prices


1. All prices used by Mit Radi are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that Mit Radi uses for its products, on its website or otherwise made known, Mit Radi can change at any time.
3. Increases in the cost prices of products or parts thereof, which Mit Radi could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Article 3 - Payments and term of payment


1. Mit Radi may, upon entering into the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must make payments afterwards within 1 month after delivery.
3. Payment terms are regarded as strict payment terms. That means if the customer
has not paid the agreed amount no later than on the last day of the payment term, he will be charged by operation of law
default and is in default, without Mit Radi having to send the customer a reminder or to declare it in default.
4. Mit Radi reserves the right to make a delivery dependent on immediate payment or a
require security for the total amount of the services or products.

Article 4 - Consequences of not paying on time


1. If the customer does not pay within the agreed term, Mit Radi is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month for a whole month is counted.
2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Mit Radi.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Mit Radi may suspend its obligations until the customer has paid
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Mit Radi against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Mit Radi, he is still obliged to pay the agreed price to Mit Radi.


Article 5 - Right of complaint


1. As soon as the customer is in default, Mit Radi is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Mit Radi invokes the right of recovery by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer shall return the products where this is the case
right relates to, to immediately return to Mit Radi, unless the parties make other arrangements about this.
4. The costs for bringing back or returning the products will be borne by the customer.

Article 6 - Right of withdrawal


1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product specially tailored or modified for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a loose magazine or newspaper
the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via Shopmitradi@gmail.com, if desired using the withdrawal form that can be downloaded from Mit Radi's website, www.MitRadi.com.
4. The consumer is obliged to return the product to Mit Radi within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Article 7 - Retention of title


1. Mit Radi remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Mit Radi under whatever agreement concluded with Mit Radi, including claims for non-compliance.
2. Until that time, Mit Radi can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate the products
or otherwise objections.
4. If Mit Radi invokes its retention of title, the agreement is deemed to have been dissolved and Mit
Radi the right to claim damages, lost profits and interest.

Article 8 - Delivery


1. Delivery takes place while stocks last.
2. Delivery takes place at Mit Radi, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Mit Radi has the right to be
to suspend obligations until the agreed part has been paid.
5. In the event of late payment, there is creditor default, with the result that the customer cannot claim a late delivery to Mit
Radi can object.


Article 9 - Delivery time


1. The delivery times stated by Mit Radi are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Mit Radi.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Mit Radi cannot deliver within 14 days after being demanded to do so in writing or the parties have agreed otherwise.


Article 10 - Actual delivery


The customer must ensure that the actual delivery of the products ordered by him can take place in time.


Article 11 - Transport costs


Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Article 12 - Packaging and shipping


1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Mit Radi cannot be held liable for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Mit Radi prior to transport, failing which Mit Radi cannot be held liable for any damage.


Article 13 - Custody


1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.

Article 14 - Warranty


1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.


Article 15 - Exchange


1. Exchanging purchased items is only possible if the following conditions are met:
exchange takes place within 14 days after purchase on presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used
2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

Article 16 - Indemnification


The customer indemnifies Mit Radi against all third-party claims related to the products and/or services supplied by Mit Radi.

Article 17 - Complaints


1. The customer must examine a product or service provided by Mit Radi as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Mit Radi of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
3. Consumers must inform Mit Radi of this within 2 months after the discovery of the shortcomings.
4. The customer provides a description of the shortcoming in as much detail as possible, so that Mit Radi is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Mit Radi
may be required to perform other work than has been agreed.


Article 18 - Notice of default


1. The customer must notify Mit Radi of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Mit Radi (in time).

Article 19 - Joint and several liability of the customer


If Mit Radi enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts due to Mit Radi under that agreement.


Article 20 - Liability Mit Radi


1. Mit Radi is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Mit Radi is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Mit Radi is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Mit Radi is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 21 - Expiry period


Any right of the customer to compensation from Mit Radi lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.


Article 22 - Right of dissolution


1. The customer has the right to dissolve the agreement if Mit Radi imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Mit Radi is not permanently or temporarily impossible, dissolution can only take place after Mit Radi is in default.
3. Mit Radi has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Mit Radi has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.


Article 23 - Force majeure


1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Mit Radi in the fulfillment of any obligation towards the customer cannot be attributed to Mit Radi in a situation independent of the will of Mit Radi, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Mit Radi.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation arises as a result of which Mit Radi cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Mit Radi can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. Mit Radi does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.


Article 24 - Amendment of the agreement


1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.


Article 25 - Amendment of general terms and conditions


1. Mit Radi is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Mit Radi will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions
say.


Article 26 - Transfer of rights


1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Mit Radi.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.


Article 27 - Consequences of nullity or voidability


1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Mit Radi had in mind when drawing up the conditions on that point.


Article 28 - Applicable law and competent court


1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Mit Radi is established / has a practice / has an office is exclusive
authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.