Mastello Terms and Conditions

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General Terms and Conditions Mastello

These fine prints regulate the terms and conditions that apply to the agreement between you and us. They relate to your rights and obligations as a customer who purchases and pays for products and services from us, and our rights and obligations as an entrepreneur who sells and delivers the products that are in good condition, to you. Such as delivery terms and payment conditions. With us, consumers have no less than 30 days reflection time, or the right to withdraw from the agreement if there are no customized products or services. In that case, we have already enclosed the return form for you. In case you discover defects in the delivered products, we have a fair complaints procedure. We will then ensure that the problem will be solved as much as possible. We look at why the products show defects and how those defects arose. You receive a minimum of 2 years to a maximum of 25 years of warranty on all our delivered products. Shipping of the ordered products is always free. Thank you for reading our terms and conditions!

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Reflection period: the period within which the Consumer can make use of his right of withdrawal;
Other Party: the party that has accepted that the general terms and conditions of the Entrepreneur apply to the Agreement;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of products, services and / or digital content during a certain period;
Durable medium: any tool - including e-mail - that enables the Other Party or Entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information;
Right of withdrawal: the option of the Consumer to cancel the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to the Other Party at a distance;
Distance contract: an agreement concluded between the Entrepreneur and the Other Party within the framework of an organized system for distance sales of products, digital content and / or services, whereby until the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Appendix I of these terms and conditions;
Technology for distance communication: means that can be used to conclude an agreement, without the Other Party and Entrepreneur having to meet in the same room at the same time.

Article 2 - Applicability and binding effect

These general terms and conditions apply to any offer from the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Other Party.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Other Party.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the Other Party electronically in such a way that it can be easily stored by the Other Party on a durable data carrier before the agreement is concluded.
These general terms and conditions are binding on all services provided by the Entrepreneur, unless otherwise agreed in writing.
If the Entrepreneur does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Entrepreneur would lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.

Article 3 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and / or services being offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If the Entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to accepting the offer.

Article 4 - The agreement

Subject to the provisions of article 4.4, the agreement is concluded at the moment the Other Party accepts the offer and meets the corresponding conditions.
If the Other Party has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Other Party can dissolve the agreement.
If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Other Party can pay electronically, the Entrepreneur will observe appropriate security measures.
The Entrepreneur can - within the boundaries of the legal framework - inform himself whether the Other Party can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the Other Party, the Entrepreneur will send the following information, in writing or in such a way that it can be stored by the Other Party in an accessible manner on a durable medium:
the visiting address of the business location of the Entrepreneur where the Other Party can go with complaints;
the conditions under which and the way in which the Other Party can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranty and existing service after purchase;
the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the Other Party has a right of withdrawal, the model withdrawal form.
In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 5a - Right of withdrawal Consumers upon delivery of products

When purchasing products, the Consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This period starts on the day after receipt of the product by or on behalf of the Consumer.
During this period, the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

Article 5b - Right of withdrawal Consumers when providing services

When services are delivered, the Consumer has the option to dissolve the agreement without giving reasons during seven working days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the Consumer will act according to the reasonable and clear instructions provided by the Entrepreneur with the offer and / or at the latest upon delivery.

Article 5c - Costs in case of withdrawal by Consumers

If the Consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.

Article 6 - Exclusion of right of withdrawal Consumers

If the Consumer does not have a right of withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the Entrepreneur in accordance with the Consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can age quickly;
whose price depends on fluctuations in the financial market on which the Entrepreneur has no influence.
Exclusion of the right of withdrawal is only possible for services:
the delivery of which commenced with the express consent of the Consumer before the reflection period has expired.

Article 7 - Obligations of the Entrepreneur in case of withdrawal

If the Entrepreneur makes the notification of withdrawal by the Consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
The Entrepreneur will reimburse all payments made by the Consumer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is the earlier.
The Entrepreneur uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to a different method. The reimbursement is free of charge for the Consumer.
If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to repay the additional costs for the more expensive method.

Article 8 - Delivery and execution

The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the Other Party makes known to the Entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Other Party will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to terminate the agreement without costs.
After dissolution in accordance with the previous paragraph, the Entrepreneur will immediately repay the amount paid by the Consumer.
The risk of damage and / or loss of products rests with the Entrepreneur until the moment of delivery to the Other Party or a pre-designated representative made known to the Entrepreneur, unless expressly agreed otherwise.

Article 9 - Compliance with the agreement and extra warranty

The Entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also warrants that the product is suitable for other than normal use.
The warranty referred to in this article applies for a period of 2 years after delivery, unless the nature of the delivery dictates otherwise, the parties have agreed otherwise or the product specification determines otherwise. If the warranty provided by the Entrepreneur concerns a product that was produced by a third party, the warranty is limited to the period provided by the producer of that product, unless stated otherwise.
Any form of warranty will lapse if a defect has arisen as a result of or arising from injudicious or improper use of the material (s) or use after the expiry date, incorrect storage or maintenance by the Other Party and / or by third parties when, without the written permission of the Entrepreneur, the Other Party or third parties have made changes or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed other than in the prescribed manner. The Other Party is also not entitled to a warranty if the defect is caused by or is the result of circumstances beyond the Entrepreneur's control, including weather conditions (including but not limited to extreme rainfall, storms or extraordinary temperatures) et cetera.
An additional warranty provided by the Entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the Other Party can assert against the Entrepreneur on the basis of the agreement if the Entrepreneur has failed to comply with his part of the agreement.
An additional warranty is understood to mean any obligation of the Entrepreneur, his supplier, importer or producer in which he grants the Other Party certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 10 - Defects, complaint periods

The Other Party must inspect the purchased products upon delivery or at the latest within 3 working days thereafter. In doing so, the Other Party must in any case check whether the products delivered comply with the agreement, namely:

- whether the correct products have been delivered;

- whether the delivered products correspond in terms of quantity (for example the quantity and number) with what was agreed;

- whether the products delivered meet the agreed quality requirements or - if these are absent - the requirements that may be set for normal use and / or commercial purposes.

If visible defects or shortages are found, the Other Party must report these to the Entrepreneur in writing within 3 working days after delivery. After the expiry of these 3 working days, the Entrepreneur is deemed to have delivered correctly.
Even if the Other Party makes a timely complaint, his obligation to pay and purchase orders placed remains unaffected. As long as the full payment obligation has not been met, the Entrepreneur will not handle complaints. The Entrepreneur always has the right, when dealing with a complaint, pending the question whether the complaint is justified, to demand additional security or payment, whether or not on the third-party money account of a lawyer or civil-law notary to be appointed by the Entrepreneur, before dealing with a complaint.
Unless explicitly agreed otherwise in writing, the Other Party must, in the event of a complaint about a matter, return this matter to the Entrepreneur for assessment and repair.

Article 11 - The price

During the validity period stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the Other Party has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Payment

Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Other Party must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period commences on the day after the Other Party has received confirmation of the agreement.
When selling products to consumers, the Consumer may never be obliged, in general terms and conditions, to pay more than 50% in advance. When advance payment has been stipulated, the Consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
The Other Party has the duty to immediately report inaccuracies in provided or stated payment details to the Entrepreneur.
If the Other Party does not fulfill his payment obligation (s) on time, after he has been informed by the Entrepreneur of the late payment and the Entrepreneur has given the Other Party a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest will be added to the amount due and the Entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on amounts due up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40.
If the Other Party is in default with the (timely) fulfillment of any (payment) obligation, then, in addition to the principal sum and interest, all costs incurred in obtaining settlement out of court will be borne by the Other Party.
In the event of liquidation, bankruptcy or (provisional) suspension of payments of the Other Party, or when application of the debt rescheduling scheme is pronounced with regard to the Other Party, or when a substantial part of his / her assets are seized as well as in the event of force majeure, all obligations of the Other Party under any agreement become immediately due and payable. The Entrepreneur is then entitled to suspend the execution of any agreement concluded with the Other Party or to proceed to dissolution of that agreement.

Article 13 - Retention of title

The products delivered by the Entrepreneur within the framework of the agreement remain the property of the Entrepreneur until the Other Party has properly fulfilled all obligations under the agreement (s) concluded with the Entrepreneur.
The products delivered by the Entrepreneur that fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or encumber in any other way that which falls under the retention of title.
The Other Party must always do everything that can reasonably be expected of him to safeguard the Entrepreneur's property rights. If third parties seize the products delivered under retention of title or wish to establish or assert rights thereon, the Other Party is obliged to immediately inform the Entrepreneur thereof. Furthermore, the Other Party undertakes to insure the products delivered, subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the relevant insurance policy available to the Entrepreneur for inspection upon first request. In the event of a payment under the insurance, the Entrepreneur is entitled to these tokens. Insofar as necessary, the Other Party undertakes to the Entrepreneur in advance to cooperate with everything that is or appears to be necessary or desirable in that context.
In the event that the Entrepreneur wishes to exercise his property rights indicated in this article, the Other Party gives unconditional and irrevocable permission in advance to the Entrepreneur and third parties to be designated by the Entrepreneur to enter all those places where the property of the Entrepreneur is located and take back this property.

Article 14 - Intellectual property

The Entrepreneur reserves the rights and powers that accrue to him on the basis of the Copyright Act, the Neighboring Rights Act and other laws and regulations.
The intellectual property rights to the products and services remain with the entitled party(s). The Other Party only obtains the right of use.
The performance of the agreement by the Entrepreneur does not entail the transfer of intellectual property rights vested in the Entrepreneur or in third parties. All intellectual property rights that arise during, or arise from, the execution of the agreement belong to the Entrepreneur.

Article 15 - Force majeure

The Entrepreneur is not obliged to fulfill any obligation towards the Other Party if he is prevented from doing so as a result of a circumstance that cannot be attributed to fault and is not for his account under the law.
In these general terms and conditions, in addition to what is understood in this respect in law and case law, force majeure means the following: all external causes, foreseen or unforeseen, which the Entrepreneur cannot influence and which make the Entrepreneur unable to fulfill its obligations. This includes strikes in the company of the Entrepreneur or third parties. Entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after Entrepreneur should have fulfilled his obligation.
During the period that the force majeure continues, the Entrepreneur can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement without any obligation to pay compensation to the other party.
Insofar as the Entrepreneur has already (partially) fulfilled or will be able to fulfill his obligations under the agreement at the time of the commencement of force majeure, and the part fulfilled or to be fulfilled respectively has independent value, the Entrepreneur is entitled to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.

Article 16 - Liability

If the Entrepreneur should be liable, then this liability is limited to what is regulated in this provision.
The Entrepreneur is not liable for damage, of whatever nature, caused by the Entrepreneur relying on incorrect and / or incomplete information provided by or on behalf of the Other Party.
If the Entrepreneur should be liable for any damage, the Entrepreneur's liability is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.
The liability of the Entrepreneur is in any case always limited to the amount paid out by his insurer, where appropriate, and with a maximum of the amount that is covered and paid out under the Entrepreneur's liability insurance.
The Entrepreneur is only liable for direct damage, losses or costs and the like as a result of a serious shortcoming attributable to the Entrepreneur, insofar as this shortcoming demonstrably arises from willful misconduct or deliberate recklessness. The Entrepreneur is never liable for trading loss, consequential damage and / or indirect damage, losses or costs and the like.
Direct damages are exclusively understood to mean the reasonable costs to determine the cause and extent of the damages, insofar as the determination relates to damages within the meaning of these terms and conditions, any reasonable costs incurred to compensate the Entrepreneur’s defective performance, insofar as these can be attributed to the Entrepreneur and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to a limitation of direct damages as referred to in these general terms and conditions.
The Entrepreneur is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Entrepreneur or his managerial subordinates.
All claims of the Other Party against the Entrepreneur expire one year after the date of the incident on which the claim is based.

Article 17 - Indemnity

The Other Party indemnifies the Entrepreneur against any claims from third parties who suffer damages in connection with the performance of the agreement and the cause of which is attributable to other than the Entrepreneur.
If the Entrepreneur should be addressed by third parties on that basis, the Other Party is obliged to assist the Entrepreneur both in and out of court and to do everything that may be expected of him in that case without delay. If the Other Party fails to take adequate measures, the Entrepreneur is entitled to do so himself without notice of default. All costs and damages on the part of the Entrepreneur and third parties that arise as a result, are fully for the account and risk of the Other Party.

Article 18 - Complaints procedure

The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Other Party has discovered the defects.
Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the Other Party can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 19 - Applicable law and dispute settlement

All legal relationships to which the Entrepreneur is a party are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The court in the place of business of the Entrepreneur has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Entrepreneur has the right to submit the dispute to the competent court of the location of Other Party.
The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 20 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the Other Party and must be recorded in writing or in such a way that they can be stored by the Other Party in an accessible manner on a durable data carrier.

Article 21 - Expiry period

Insofar as not provided otherwise in these general terms and conditions, rights of action, claims and other powers of the Other Party for whatever reason against the Entrepreneur and the Seller in connection with the activities performed or to be performed by the Entrepreneur and the Seller will in any case lapse after one year (twelve months) after the moment the Other Party became aware or could reasonably have been aware of the existence of these rights, claims and powers.

Artikel 22 - Identity of the Entrepreneur

Name: Djati&Mastello B.V.

Address: 2e Loswal 14, 1216BC Hilversum, The Netherlands

Phone: +31 (0) 35 750 2882

E-mail: info@mastello.nl / info@mastello.be

Chamber of Commerce number: 72004029

VAT number: NL858938492B01

VAT number: BE 0738.564.433

v.1.0.4

FEB 2021

Annex I: Model form for withdrawal

(Fill this form and return it only when you want to revoke the agreement)

To: [ Djati&Mastello B.V. ]

[ 2e Loswal 14, 1216BC Hilversum, Nederland ]

[ info@mastello.nl ]

I/We* hereby inform* you that I/we* cancel

- the sales of the following products: [product designation]*

- the delivery of the following digital content: [digital content designation]*

- the provision of the following service: [service designation]*.

Ordered on*/received on* [date order at services or receipt of products]

[Consumer name(s)] ..........

[Address Consumer(s)] .........

[Consumer signature(s)] (only when this form is submitted on paper) .........

* Strike through what doesn't apply or fill in what applies.