Terms and Conditions

Article 1 – Definitions

Amal Perfumes, located in Amsterdam is referred to in these general terms and conditions as the seller.
The other party of the seller is referred to in these general terms and conditions as the buyer.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
Deviating from these conditions is only possible if expressly and in writing agreed by the parties.

Article 3 – Payment

The full purchase price is always paid immediately in the webshop. In some cases, a deposit is expected for reservations. In that case, the buyer receives proof of the reservation and the prepayment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs related to that collection are borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
In case of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the seller on the buyer are immediately due and payable.
If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 – Offers, quotations, and price

Offers are non-binding unless a period for acceptance is stated in the offer. If the offer is not accepted within the stated period, the offer expires.
Delivery times in quotations are indicative and do not give the buyer the right to dissolve the agreement or to claim compensation if they are exceeded unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. Parties must expressly and in writing agree to this.
The price stated in offers, quotations, and invoices consists of the purchase price including the VAT owed and any other government levies.

Article 5 – Right of withdrawal

The consumer has the right to dissolve the agreement without giving reasons within 14 days after receiving the order (right of withdrawal). The period starts at the moment the (entire) order is received by the consumer.
There is no right of withdrawal if the products are custom-made according to the consumer's specifications or are perishable.
The consumer can use a withdrawal form provided by the seller. The seller is obliged to make this available to the buyer immediately upon request.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

Article 6 – Amendment of the agreement

If it appears during the execution of the agreement that it is necessary to change or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. The seller will inform the buyer of this as soon as possible.
If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
If a fixed price has been agreed upon, the seller will indicate to what extent the amendment or supplement to the agreement will result in an exceeding of this price.
Contrary to the third paragraph of this article, the seller cannot charge additional costs if the amendment or supplement is the result of circumstances attributable to it.

Article 7 – Delivery and transfer of risk

Once the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 8 – Inspection and complaints

The buyer is obliged to inspect the delivered goods at the time of (delivery) but in any case, within the shortest possible period. In doing so, the buyer should investigate whether the quality and quantity of the delivered goods corresponds with what the parties have agreed upon, or at least meets the requirements that apply in normal (commercial) traffic.
Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery of the goods by the buyer.
If the complaint is justified within the specified period, the seller has the right to either repair, deliver anew, or to refrain from delivery and send a credit note to the buyer for that part of the purchase price.
Minor and/or customary deviations in the industry and differences in quality, number, size, or finish cannot be grounds for complaints.
Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
No complaints will be accepted after the goods have been processed by the buyer.

Article 9 – Samples and models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
In agreements regarding an immovable property, mentioning the surface or other dimensions and designations is also presumed to be intended only as an indication, without the item to be delivered having to correspond to it.

Article 10 – Delivery

Delivery is made 'ex works/shop/warehouse'. This means that all costs are for the buyer.
The buyer is obliged to accept the goods at the time the seller delivers them or has them delivered to him or at the moment when these goods are made available to him according to the agreement.
If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller requires information from the buyer for the execution of the agreement, the delivery time starts after the buyer has provided this information to the seller.
A delivery period specified by the seller is indicative. This is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or if partial delivery has no independent value. In the case of partial delivery, the seller is entitled to invoice these parts separately.

Article 11 – Force majeure

If the seller cannot, cannot timely, or cannot properly fulfill his obligations under the agreement due to force majeure, he is not liable for damages suffered by the buyer.
The parties understand force majeure to mean any circumstances with which the seller could not account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, war or danger of war, civil war and riot, nuisance, sabotage, terrorism, energy disruption, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller's business.
The parties also understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not meet the contractual obligations towards the seller unless this is attributable to the seller.
If a situation as described above occurs, as a result of which the seller cannot fulfill its obligations towards the buyer, these obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 – Transfer of rights

Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13 – Retention of title and right of retention

Goods present and delivered by the seller and parts thereof remain the property of the seller until the buyer has paid the agreed price in full. Until then, the seller can invoke his retention of title and take back the goods.
If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part is still paid. There is then a creditor's default. In that case, a delayed delivery cannot be invoked against the seller.
The seller is not authorized to pledge or otherwise encumber the goods subject to his retention of title.
The seller undertakes to insure the goods delivered under retention of title and keep them insured against fire, explosion, and water damage as well as against theft and to provide the policy for inspection upon first request.
If the goods have not yet been delivered, but the agreed advance payment or price has not been paid according to agreement, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and according to agreement.
In case of liquidation, insolvency, or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 14 – Liability

Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out.

This amount is increased by the amount of the deductible according to the relevant policy. The seller's liability for damage resulting from intent or deliberate recklessness by the seller or his managerial subordinates is not excluded.

Article 15 – Obligation to complain

The buyer is obliged to report complaints about the work performed directly to the seller. The complaint contains a description of the shortcoming as detailed as possible, so that the seller is able to respond adequately. If a complaint is well-founded, the seller is obliged to repair and possibly replace the goods.

Article 16 – Guarantees

If guarantees are included in the agreement, the following applies. The seller guarantees that the sold goods conform to the agreement, will function without defects, and are suitable for the use that the buyer intends to make of them. This guarantee is valid for a period of two calendar years after receipt of the sold goods by the buyer. The intended guarantee is to create such a risk distribution between the seller and the buyer that the consequences of a breach of a guarantee are always fully at the seller's expense and risk, and that the seller can never rely on Article 6:75 BW regarding a breach of a guarantee. The provisions of the previous sentence also apply if the breach was known to the buyer or could have been known through investigation. The mentioned guarantee does not apply if the defect is the result of improper or inappropriate use or if, without permission, the buyer or third parties have made changes or attempted to make changes to the purchased goods or used them for purposes for which they are not intended. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17 – Intellectual property

Amal Perfumes retains all intellectual property rights (including copyrights, patent rights, trademark rights, drawing and model rights, etc.) to all products, designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, etc., unless otherwise agreed in writing by the parties. The customer may not copy, show to third parties, or make available or use the mentioned intellectual property rights without the prior written consent of Amal Perfumes .

Article 18 – Amendment of general terms and conditions

Amal Perfumes is entitled to amend or supplement these general terms and conditions. Minor changes can be made at any time. Amal Perfumes will discuss major substantive changes with the customer as much as possible in advance. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 19 – Applicable law and competent court

Dutch law exclusively applies to every agreement between the parties. The Dutch court in the district where Amal Perfumes is established has exclusive jurisdiction to hear any disputes between the parties unless the law mandates otherwise. The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in a legal procedure, the remaining provisions will remain in full force.