Terms & conditions

TERMS AND CONDITIONS

Table of Content:

Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs following withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 – Definitions
These are the general terms and conditions of Masuka Mask, a private company incorporated under the laws of The Netherlands. The following definitions apply in these terms and conditions:

Withdrawal period: the term within which the consumer may use his right of withdrawal.
Consumer: the natural person not acting as an executive of a profession or business and who enters into a distance selling contract with the entrepreneur.
Day: calendar day.
Duration transaction: a distance selling agreement with respect to a series of products and/or services, in which the obligation of delivery and/ or purchase is spread out in time.
Sustainable information carrier: every means that enables the consumer or the entrepreneur to save information that is directed to him personally in a way that enables future consultation and unaltered reproduction.
Right of revocation: the possibility for the consumer to withdraw from a distance contract within the withdrawal period.
Entrepreneur: the natural or legal entity offering remote products and/ or services to consumers.
Distance selling agreement: a contract in light of which one or several remote communication technology/technologies is/are used exclusively within the framework of a system, organised by an entrepreneur, for the remote sale of products and/ or services, up to the conclusion of the contract.
Technology for distance communication means that can be used in order to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.

Article 2 - Identity of the entrepreneur
Masuka Mask
Registered office at Stadhouderskade 17B, 1054 ES Amsterdam in The Netherlands

Email address: info@masukamask.com
Registered in the Amsterdam Chamber of Commerce (KvK) under: 77082192
VAT identification number (NL): NL860894137B01.

Throughout the site, the terms “we”, “us” and “our” refer to Masuka Mask offers this Website/Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of these terms and conditions, and our policies and notices.

Article 3 – Applicability

The general terms and conditions apply to each offer by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
The text of these general terms and conditions is made available to the consumer to before the distance contract is concluded. If this is not reasonably possible, then it will be indicated prior to concluding the distance selling agreement that the general terms and conditions are available for inspection at the entrepreneur and that these will be sent to the consumer, as quickly as possible and free of charge upon the customer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that they can be easily saved on a sustainable data carrier by the consumer. If this is not reasonably possible, it will be indicated, then before concluding the distance contract, where the general terms and conditions can be perused electronically and that, at his request, they will be sent to the consumer free of charge, either electronically or in another way.
In cases where specific product or service-conditions apply in addition to these general terms and conditions, then the second and third paragraphs apply accordingly and the consumer can always invoke the applicable condition that is most advantageous provision in the event of contradictory general terms and conditions.

Article 4 – The offer

If an offer is subject to a limited term of validity or is made subject to certain conditions, then this will be explicitly indicated in the offer.
The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a adequate assessment of the offer. If the entrepreneur makes use of illustrations, then these will be a truthful representation of the products and/or services being offered. The entrepreneur is not bound by obvious mistakes or obvious errors in the offer.
Each offer will contain information, such that the consumer is clearly aware of the rights and obligations that will apply upon accepting the offer. This pertains to, in particular:

the price, including taxes;
any costs of delivery, if any;
the way in which the contract shall be concluded and which actions this will require;
whether or not the right to withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the term within which the offer can be accepted, or the term within which the entrepreneur guarantees the specified price;
the amount of rate, that is charged for distance communication, if the costs of the use of the technology for distance communication is calculated on a basis other than the normal basic rate for the means of communication used;
whether or not the agreement is to be archived following its realisation, and if so, the manner in which the consumer can refer to the agreement;
the way in which the consumer, prior to concluding the agreement, can check and, if desired, correct the data that he/she has provided within the framework of the agreement;
the other languages besides the English language in which the agreement can be concluded, if applicable;
the codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can refer to these codes of conduct via electronic means; and
the minimum duration of the distance selling agreement in the event of a continuing performance transaction.

Article 5 – The contract

Subject to the provisions in paragraph 4, the contract will be concluded at the moment the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer via electronic means, then the entrepreneur will immediately confirm the receipt of the acceptance of the offer via electronic means. The consumer may cancel the agreement as long as the agreement has not yet been confirmed by the entrepreneur with the receipt of this acceptance.
If the contract is concluded electronically, then the entrepreneur will take suitable technical and organisational measures further to the security of the electronic transfer of data and will provide a secure web environment. The entrepreneur will observe appropriate security measures to that end, if the consumer has the option to make payments via electronic means.
The entrepreneur may obtain information – within statutory limits – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the entrepreneur proper grounds to refrain from concluding the contract, then he has a right, supported by reasons, to reject an order or application or to attach special conditions to its implementation.
Together with the product or service, the entrepreneur will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible sustainable data carrier:
the visiting address of the entrepreneur’s business location where the consumer may lodge complaints
b. the conditions under which, as well as the way in which the consumer can make use of the right of withdrawal, or a clear statement relating to the exclusion of the right of withdrawal
c. information on guarantees and existing after-sales service
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with those conditions prior to concluding the contract
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right to withdrawal
Concerning the delivery of products:

When purchasing products, the consumer has the possibility of cancelling the contract, without giving reasons, for a period of 14 days. This withdrawal period commences on the day after the product was received by the consumer or a representative previously designated by the consumer and indicated to the entrepreneur.
During this withdrawal period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, he will return the product to the entrepreneur, with all delivered components, and – insofar as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the entrepreneur.

Concerning the provision of services:

The consumer has the option further to the provision of services to dissolve the agreement within a period of 14 days, starting on the day upon which the agreement is concluded, without having to state the reasons.
Upon exercising the right of revocation, the consumer will observe the reasonable and clear instructions as provided by the entrepreneur to that end at the time of the offer and/or not later than upon delivery.

Article 7 - Costs following withdrawal

If a consumer uses his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
If the consumer has paid a certain amount, the entrepreneur will refund this amount as quickly as possible, though at the latest within 30 days after the goods were returned or following the withdrawal.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer from any right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly indicated it in his offer, or at least in good time prior to conclusion of the contract.
Exclusion from the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications.
b. that are clearly of a personal nature.
c. that cannot be returned as a result of their nature.
d. that decay or become obsolete rapidly.
e. the price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence.
f. for individual newspapers and magazines.
g. for audio and video recordings and computer software, of which the consumer has broken the seal.
Exclusion from the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to take place on a set date or during a set period.
b. the provision of which commenced before the withdrawal period had lapsed, with the explicit consent of the consumer.
c. relating to bets and lotteries.

Article 9 - The price

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes resulting from amendments in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices in cases in which those prices are subject to fluctuations in the financial market, on which the entrepreneur has no influence. The offer must refer to this proneness to fluctuations, as well as the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if these are a consequence of statutory regulations or provisions.
Price increases occurring more than 3 months after the contract was concluded are only permitted if the entrepreneur has stipulated as much and:
a. if they are the result of statutory regulations or stipulations, or
b. if the consumer is authorized to terminate the contract, effective on the day on which the price increase takes effect.
The prices stated in offers of products or services are inclusive of VAT.

Article 10 - Conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, that specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory regulations and/or government regulations that apply on the date of the conclusion of the agreement. If so agreed, the entrepreneur also guarantees that the product is suitable purposes deviating from normal use.
Any guarantee that is provided by the entrepreneur, manufactures or importer does not affect the statutory rights and claims that the consumer may exercise towards the entrepreneur on the basis of the agreement.

Article 11 – delivery and performance

The entrepreneur will take the greatest possible care when receiving and implementing products orders and upon assessing request for the provision of services.
The address that the consumer has provided to the company will be considered the address of delivery.
Taking into consideration that provisions in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If the delivery is subject to a delay, or if the delivery cannot be implemented, or only partially, then the consumer will be informed about this within 30 days after the order was placed. The consumer will in that case have the right to dissolve the agreement free of charge and without any right to compensation of damages.
In the case of termination in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible yet not later than 30 days after the dissolution.
Should delivery of a product that has been ordered prove to be impossible, the entrepreneur will make efforts to make a substitute article available. The delivery of a substitute article will be communicated clearly and comprehensively not later than at the time of delivery. The right of revocation cannot be excluded with respect to substitute articles. The costs of a return shipment, if applicable, are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and indicated to the entrepreneur, unless this has explicitly been agreed otherwise.

Article 12 - Duration transactions: termination, extension and duration

Notice and termination

The consumer has a right at all times to terminate an agreement that has been concluded for an indefinite period and that concerns regular deliveries of products or services, subject to the agreed germination of rules and a period of notice not exceeding one month.
The consumer has the right at all times to terminate an agreement that was concluded for the regular supply of products or services, at any time before the end of the definitive period, subject to the agreed termination rules and a period of notice not exceeding one month.
With respect to the agreements described in the previous sections, the consumer way:

Terminate them at all times and not be limited to termination at a specific time or during a specific period.
Terminate them in the same way in which they were concluded.
At all times terminate said contracts subject to the same period of notice as stipulated for the entrepreneur.

Extension

An agreement that has been concluded for a definitive period and that concerns the regular delivery of products or services may not be automatically extended or renewed for a fixed period of time.
Contrary to the previous section, an agreement that has been concluded for a definitive period and that concerns the regular delivery of newspapers, newsletters, journals and magazines may be tacitly renewed for a definitive period of a maximum of three months, if the consumer is at liberty to terminate this renewed agreement towards the end of the extension, with a period of notice not exceeding one month.
An agreement that has been concluded for a definitive period and that concerns the regular delivery of products or services may only be automatically extended for an indefinite period of time if the consumer has the right to terminate the agreement at any times subject to a term of notice of no more than on month and a term of notice of no more than three months in the event that the agreement concerns the regular, yet with a frequency of less than once per month, delivery of newspapers, newsletters, journals and magazines.
An agreement of a limited period concerning the regular delivery of newspapers, newsletters, journals and magazines for introductory purposes (trial- or introductory subscription) will not be tacitly renewed and will end automatically once the trial period or introductory period has ended.

Duration

If the term of an agreement exceeds one year, then the consumer has after one year the right to terminate at all times, with a period of notice not exceeding one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

Article 13 – Payment

Insofar as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period, as stipulated in article 6 paragraph 1. This term will commerce after the consumer has received a confirmation of the agreement in this case of an agreement further to be provision of a service.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. If advance payments have been stipulated, then the consumer cannot exercise any right further to the execution of the order of service(s) concerned until the advance payment as stipulated has been made.
The consumer is obligated to report immediately to the entrepreneur any inaccuracies in the provided or stated payment data.
In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the consumer reasonable costs the consumer was notified of in advance.

Article 14 - Complaints procedure

The entrepreneur observes a complaints procedure that has been adequately communicated and will handle any complaint in accordance with this complaints procedure.
Complaints regarding the implementation of the agreement are to be lodged with the entrepreneur in clear and comprehensive terms within due time as soon as the consumer had discovered the shortcomings.
Any complaints lodged with the entrepreneur will be answered within a period of 14 days starting from the date of the receipt. If it is anticipated that a complaint will require a longer processing time, then the entrepreneur will reply 14 days, confirming receipt and indicating when the consumer can expect a more comprehensive answer.
If the complaint cannot be solved in mutual consultation, it will becomes a dispute that is subject to the disputes settlement procedure.

Article 15 – Disputes

Contracts concluded between an entrepreneur and a consumer that are subject to these general terms and conditions are governed solely by Dutch Law.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that differ from these general terms and conditions may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can save them in a readily accessible manner on a sustainable data carrier.