General terms and conditions of sale and delivery of Mabio
General Mabio Provisions
Paragraph 1 – Definitions
The terms below are defined as follows for the application of these general terms and conditions
Buyer: Anyone who concludes or has concluded an Agreement with Mabio,
Mabio, user of these general terms and conditions, with its registered office and office at Winthonlaan 200, 3526KV, Utrecht.
Pursuant to the amended Opium Act article 11a as of March 1, 2015, Mabio only supplies buyers who have explicitly stated that they will use the items other than for criminal offenses in accordance with the Opium Act.
Agreement: Any purchase and sale agreement concluded between the Buyer and Mabio with regard to the goods offered by Mabio in the context of its normal business operations.
Conditions: The general terms and conditions of sale and delivery of Mabio.
Paragraph 2 – Applicability of the Conditions
These Terms and Conditions form part of every offer, quotation and every agreement and apply to all supplies and other services performed under an Agreement.
Additional and / or deviating conditions of the Buyer – including purchase conditions – do not form part of the Agreement and are not binding on Mabio, unless the parties have expressly agreed this.
If these Terms and Conditions are amended in the meantime, the amended version of these terms and conditions will form part of any agreement concluded between the Buyer and Mabio, unless the Buyer expressly indicates in writing within seven days of receipt of the amended Terms and Conditions that it does not agree with the changes. to go.
Paragraph 3 – Establishment of the Agreement
Quotations and offers from Mabio are without obligation unless explicitly stated otherwise.
An agreement is concluded when the Buyer places an order with Mabio and the acceptance by Mabio of this order. By placing an order, the Buyer accepts the applicability of the conditions. An order from the Buyer is considered to have been accepted by Mabio if Mabio does not notify the Buyer within two weeks that it does not accept the order.
The Buyer has the right to dissolve the concluded Agreement without giving any reason for a period of 7 working days. This should only be done by e-mail.
Paragraph 4 – Force majeure
In the event that the delivery of the ordered items is impossible due to force majeure, Mabio will be released from its obligations under the Agreement. In the event of a delay in delivery due to force majeure, Mabio is released from its obligations to deliver within the specified delivery time.
Force majeure also includes a circumstance over which Mabio has no influence or can reasonably have influence.
The Buyer is only authorized to proceed to dissolution insofar as the Agreement cannot be performed, or it has been established that fulfillment is not possible within two months.
In the event of force majeure on the part of Mabio, the buyer cannot claim compensation for the damage he has suffered from Mabio.
Paragraph 5 – Liability
Mabio is not liable for damage suffered by the Buyer or any third party as a result of shortcomings in the goods delivered by Mabio.
Mabio is not liable for any damage suffered by the Buyer or any third party as a result of non-delivery, incorrect or late delivery by Mabio.
Mabio’s liability with regard to the goods delivered under the Agreement is maximized to the amount for which the goods are transferred under the Agreement.
Unless otherwise specified, a limitation period of one year applies to all legal claims against Mabio, calculated from the date of the formation of the Agreement.
Paragraph 6 – Payment
Mabio will invoice the amounts owed by the Buyer under the Agreement by means of an invoice. The Buyer and Mabio may agree to pay in cash. Payment must be made into a bank or giro account specified by Mabio, without deduction or discount, in the manner and within the term stated on the invoice. If no term is stated, a payment term of ten working days will apply.
If the Buyer and Mabio have agreed to pay the invoice cash on delivery, Mabio will only proceed to dispatch the agreed upon after the Buyer has given Mabio confirmation of the order. If the delivery is not received or picked up without stating reasons, with the exception if the shipment is not offered by regular mail delivery, Mabio reserves the right to recover the costs of the COD shipment from the Buyer.
Mabio reserves the right to pass on price changes to the Buyer. Mabio will explicitly notify the Buyer of any price changes. The Buyer can dissolve the Agreement within five working days after the price change has been expressly made has been made known to the Buyer. Dissolution of the Agreement on the basis of changed prices must be submitted to Mabio in writing or by e-mail.
If the Buyer moves and / or changes his invoice address, the new address must be communicated to Mabio in writing as soon as possible in advance.
Mabio is at all times entitled to require advance payment, cash payment or security for payment from the Buyer.
Without the express consent of Mabio, the Buyer is not entitled to set off its payment obligations towards Mabio against any claim of the Buyer against Mabio, on whatever grounds.
In the event of non-payment or late payment, Mabio is entitled from the due date of the invoice, without prior notice or summons, to charge the Buyer interest of 2.75% per month or part of a month that payment is not made. Furthermore, Mabio is entitled to charge the Buyer an amount of at least 15% of the outstanding principal as compensation for the judicial and extrajudicial collection costs to be incurred by Mabio, without prejudice to Mabio’s right to charge the Buyer for the actual costs incurred. .
As long as the Buyer has not fulfilled all its payment obligations towards Mabio, for whatever reason, Mabio is entitled to suspend or suspend the agreed delivery of movable property. This suspension applies until the moment at which the Buyer has already fulfilled obligations towards Mabio.
Notwithstanding the provisions of this article, in the event of non-payment or late payment, or non-compliance or improper fulfillment of any other obligation on the Buyer, Mabio is entitled to declare the Agreement dissolved in writing without prior notice of default, without prejudice to Mabio’s right to to demand compensation from the Buyer for the damage it has suffered as a result of this dissolution.
Paragraph 7 – Retention of title
As long as the Buyer has not fully complied with all its payment obligations towards Mabio under an Agreement for the delivery or making available of goods, including claims due to failure to comply with such an Agreement, Mabio retains ownership of all delivered by it to the Buyer. Affairs
Paragraph 8 – Warranty
The guarantees provided by the manufacturer of the articles apply to all products, movable property offered by Mabio.
The warranty is only valid if an original purchase invoice can be submitted.
Unless there is gross negligence or negligence, Mabio is not liable for any consequential and / or business damage (caused by, among other things, improper use), or items with defects.
Mabio is not liable for any damage caused by the website or store location not being accessible and / or unavailable for orders.
The Buyer is responsible for the choice, use and application of the items ordered from Mabio. Mabio will provide product information for the Agreement as much as reasonably possible.
Paragraph 9 – Delivery
All parcels are packaged discreetly and usually delivered with the GLS parcel service.
Mabio strives for a delivery period of 1 to 2 working days for the goods from the Agreement, after receipt of payment, for the Netherlands.
If it has been agreed between the Buyer and Mabio to dispatch the goods COD, Mabio will notify the customer of this in writing.
If the delivery of the agreed goods cannot take place as shown on the invoice, Mabio reserves the right at all times to charge the costs incurred to the Buyer, unless there is gross negligence or negligence on the part of the Buyer. the side of Mabio.
Extra costs involved in the delivery of the goods from the Agreement, expressly incurred at the Buyer’s request, will be charged separately, unless otherwise agreed in writing by the parties.
Mabio cannot be held liable for loss of items under the Agreement due to the actions of the carrier.
Paragraph 10 – Complaints procedure
Mabio has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
Complaints submitted to Mabio will be answered within 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 consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it arises a dispute that is subject to the dispute settlement.
In case of complaints, a consumer should first turn to Mabio. In case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend Mabio’s obligations, unless Mabio indicates otherwise in writing.
If a complaint is found to be well-founded by Mabio, the entrepreneur will replace or repair the delivered products free of charge at its option.
Paragraph 11 – Right of withdrawal – Upon delivery of products
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. When you return your entire order, you will be credited the full order amount including shipping. Only the costs for returning from your home to the webshop are for your own account. If you make use of your right of withdrawal, the product will be returned to the webshop with all accessories supplied and – if reasonably possible – in its original condition and packaging. Articles must be unused and complete. To exercise this right, please contact us via [email protected] We will then refund the order amount due within 14 days after receipt of your return.
Paragraph 12 – Costs in case of withdrawal
If the consumer indicates that he wishes to return, Mabio will proceed to a refund. Mabio has 14 days to do this. The consumer will receive a confirmation by e-mail. This can take up to 7 working days. If the consumer returns the entire order, the consumer will be refunded the entire amount including delivery costs. If the consumer returns part of the order, the consumer will only be refunded that part.
The amount is always refunded to the account or credit card with which the original order was placed.
Paragraph 13 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a.that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
f. sealed products and glassware. When the seal is broken, these products are not returnable.
Paragraph 14 – Risks
Destruction, loss, theft or depreciation of what has been agreed at the risk of Mabio up to the time of delivery, and at the risk of the Buyer after the time of delivery.
The Buyer must immediately notify Mabio if the goods are seized or if property rights of Mabio are in danger of being damaged in any other way. As long as ownership of the goods remains with Mabio, Mabio is entitled to return the goods to the Buyer. The costs involved are for the account of the Buyer if this is within the risk sphere of the Buyer. To this end, the Buyer must grant Mabio access to the location of the items concerned.
Paragraph 15 – Lowest price guarantee
The lowest price is guaranteed at Mabio. It is true here that a number of parties are excluded from the comparison.
Paragraph 16 – Applicable law
Dutch law is exclusively applicable to every agreement, quotation and offer.
All disputes related to an Agreement will be settled exclusively by the Dutch court. In principle, disputes must be submitted to the competent court in Utrecht.
Mabio is aware of the fact that the items offered in the normal course of business must be used for purposes within the legally permitted system with regard to cannabis and cannabis seeds. Mabio also wishes to indicate that the purpose of the destination for the agreed goods lies purely in the sphere of the liability
ability of the Buyer.
Since the Dutch legal system is based on a tolerance policy with regard to cannabis and cannabis seeds, Mabio is based on the Dutch legal system. Mabio cannot reasonably be expected to take into account the differences between national regulations regarding cannabis and cannabis seeds.
Mabio only has insight into the personal data, which is sent via regular e-mail. Only Mabio employees have access to this data.
The Buyer can request and / or change the information it has provided to Mabio.
Subject to price changes and typing errors. Images on the site may differ from reality.