Mastello Terms and Conditions

Article 1. Definitions

  1. Mastello: Mastello, part of Trading Company Mark Jansen, the user of these terms of use, located in Hilversum, Registered under trade register number 61474037.
  2. Buyer: the consumer as mentioned in the following line, as well as any other natural or legal person with whom Mastello has made an agreement .
  3. Consumer: the buyer as mentioned in above line who does not act as an executor of a function or company.
  4. Agreement on distance: the agreement made in a frame of a system organised by Mastello for sales of products at a distance through accepting an agreement which uses only one or more communication techniques for remote communication.
  5. Agreement: the remote agreement made with the buyer on the website.
  6. Website: the Mastello website on which the agreement has been made: mastello.nl
  7. Products: all affairs to be delivered in the framework of the Mastello agreement, including not exhausted: the bathroom, furniture, faucets, mirrors and/or accessories.
  8. Withdrawal force: the option to dissolve the agreement within fourteen days of receipt of the products, without explanation, offered to consumer.

Article 2. | GENERAL TERMS AND CONDITIONS

  1. These general terms and conditions apply to any offer Mastello makes in the frame work of a remote system organised by Mastello and any other agreement with the buyer which came about through the Mastello website.
  2. Before any agreement is made, the text of these general terms and conditions will be made available to the buyer in a way that the buyer can easily store them on a durable data carrier. If this is reasonably impossible due to circumstances, before the agreement is made, will be indicated where one can take note of the general terms and conditions and will be sent to the buyer without costs through internet or in another way at the buyer’s request.
  3. Even if one or more of the terms are destroyed, the other clauses remain valid. If necessary, parties are obligated to consult with each other so a replacement scheme can be agreed on, concerning the invalid term or condition. Here with taking into account the goal of the original provision.

ARTICLE 3. | OFFER AND ESTABLISHMENT OF THE AGREEMENT

  1. All special terms and conditions under which a product is offered are emphatically mentioned in the agreement.
  2. With reference to the offer and the illustrations and data shown on the website offer a truthful display or the most precise description of the offered products. These data are detailed enough to enable a proper assessment of the offered products.
  3. Buyer cannot derived any rights from an offer that contains an obvious error.

ARTICLE 4. |EXECUTION AND DELIVERY 

  1. Unless clearly stated otherwise, delivery of the ordered products occurs at the delivery address filled in by the buyer.
  2. Mastello will take utmost care in executing and delivering the order.
  3. Mastello is obligated to execute delivery if the terms and conditions in the offer have been met.
  4. Mastello will execute accepted orders with skilled urgency. Terms of delivery as mentioned will be met as much as possible. However, mentioned delivery terms are never to be considered as deadlines. If any delivery is delayed, Mastello will inform the buyer on time, stating the new delivery date.

ARTICLE 5. | RIGHT OF WITHDRAWAL

  1. The agreement can be withdrawn during 14 days after receipt of the ordered products, without without explanation.
  2. The consumer using the right to withdrawal, can dissolve the agreement by sending a request to Mastello, through telephone or e-mail. As soon as possible after Mastello has been notified of the withdrawal by e-mail or telephone of the buyer’s intention to withdraw, and if the terms and conditions have been met, Mastello will confirm the cancellation electronically.
  3. During the term as mentioned in 1, the consumer must be careful with the product and the packaging. Consumer will only remove packaging as far as it is necessary in order to judge the nature, characteristics and operation of the products. If the consumer wishes to use the right to withdrawal, the product will be sent back to Mastello, undamaged and including all accessories and – as far as possible – in the original state and packaging.
  4. Returning products must occur within 14 days after the agreement was withdrawn, conform to paragraph 2, and confirmed by Mastello.
  5. If the consumer uses the right to withdraw, costs for returning the product will be paid by the consumer.
  6. Mastello will return the purchasing amount as soon as possible, but no longer than 14 days after the agreement was withdrawn to the consumer, minus any depreciation (as in returning damaged goods or missing any delivered additional parts) if returned products have been received by Mastello or can prove products were actually sent back.

ARTICLE 6. | EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. The consumer’s right of withdrawal is excluded as far as is foreseen in paragraph 2 of this article. The exclusion of the right of withdrawal is only valid if this was clearly stated in the offer, at least timely before the closing of the agreement.
  2. Exclusion of the right to withdrawal is only possible for products that were created in accordance with the specifications of the consumer, or those falling under article 7:46d paragraph 4 of the Civil Code.

ARTICLE 7. | PRICING AND PAYMENTS

  1. Before the agreement is accepted, the total costs of the ordered products are stated, including VAT and all other costs.
  2. During the period of validity the prices of the offered products will not be raised, with the exception of price changes due to changes in VAT rates.
  3. Prices mentioned on the website are excluding delivery costs. The amount of delivery costs is clearly stated in the offer.
  4. Mastello must be notified straight away of any error or incompleteness in the payment data supplied by the buyer .
  5. If no agreement was made on payment in advance, payment of 15% of the agreed price must be made, within 7 days after the invoice date, the payment way as prescribed by Mastello. The rest of the payments must be made no later than the moment of delivery of the products.
  6. If an all or partial payment in advance is agreed upon, the buyer has no right to the execution of the order as long as the payment in advance has not yet been made.
  7. If payment has not been made on time, legal payment failure of the buyer is in order. As per the first day of the delay, the buyer owes taxes according to the rates that are valid at that moment. Taxes will be due up and until payment is received.
  8. All reasonable costs which need to be made in order to obtain the money owed, will be charged to the buyer. The illegal costs will be calculated according to the Collection Costs Law.

ARTICLE 8. | FORCE MAJEURE

  1. Mastello will not be considered in breach of this agreement if it was prevented from carrying out its obligations by circumstances which cannot be allocated by the law, an act of justice or which can reasonably be expected by society.
  2. If the force majeure lasts longer than three months, parties have the right to dissolve the agreement immediately, unless the performance is permanently impossible.
  3. if performance is permanently impossible, Mastello will notify the buyer as soon as possible and the agreement will be considered dissolved. Any payments already made will be reimbursed within thirty days of the notification as mentioned in above sentence.
  4. Damage due to force majeure is never eligible for reimbursement.

ARTICLE 9. | SUSPENSION AND DISSOLUTION

  1. Mastello has the power to suspend the implementation or – if circumstances allow – to dissolve the agreement immediately if buyer does not, or not entirely, meet obligations from the law, the agreement or these terms of use, or if Mastello has found good reason to believe that the buyer will not meet his obligations.
  2. If buyer is in a state of bankruptcy, has requested suspension of payment, debt restructuring has been declared applicable law, any seizure of goods has been has been made or other ways that the buyer is not free to access his own assets, Mastello has the right to dissolve the agreement immediately.
  3. Furthermore Mastello has the right to dissolve the agreement if any circumstances occur, which make it impossible to meet the agreement or unchanged agreement, cannot reasonably be required.
  4. Any extra costs due to suspension or dissolvement and any damage will be for the buyer.
  5. The buyer can never claim any form of compensation based upon this article the suspension and dissolution law.
  6. In case Mastello dissolves the agreement based upon this article, all claims are immediately due and payable.

ARTICLE 10. | WARANTY

  1. Without prejudice to the agreement between parties warranty provisions are applicable as mentioned in this article. In the event that this conflicts with the warranty provisions that were expressly agreed to, the warranty provisions prevail over the statements in above article.
  2. A 5 year warranty is applicable after delivery for goods and manufacturing defects with regard to the Solids Surface. The warranty expires if the defect is due to:
    • Negligence from the buyer in maintaining the delivered Solid Surface;
    • Everyday wear and tear of the delivered wood work due to daily use;
    • Using the Solid Surface products for means which they were not intended;
    • Any other external cause;
  3. A 5 year warranty on faucets after delivery
  4. Without prejudice as determined in paragraph 2 any warranty expires if the defect is due to an external cause or otherwise is not to be accrued to Mastello. This includes any defects due to accidents, damage, abuse, incorrect use, wrong application, not maintaining the product regularly and skilfully or making changes to the products.
  5. If the product shows signs of defects within the applicable warranty term, Mastello will restore the defect without costs, within reasonable time. If the product cannot be restored, Mastello will replace the product free. If the product cannot be restored or replaced, Mastello will refund the purchase amount of the defect product.
  6. In case of research costs were made by Mastello, in order to determine a defect, these costs will be paid by the buyer if the buyer has no warranty claim. Mastello strives to inform in advance. However, in case of omission buyer still is under obligation to pay the mentioned costs.
  7. in case a product needs to be sent to Mastello for research, return costs are to be paid by buyer. The buyer can only claim restitution of these costs if there is a valid warranty.
  8. The provisions in this article have no prejudice to the legal rights of consumers.

ARICLE 11. | RETENTION OF OWNERSHIP

  1. Mastello retains ownership to all delivered products until the buyer has fulfilled all obligations in the agreement.
  2. The buyer is prohibited to sell any products with ownership retention, to pledge or make any other objections.
  3. in case products which have ownership retention are seized by a third party, or third party claims rights to the products in any way, buyer is obligated to inform Mastello as soon as possible.
  4. The buyer offers unconditional access to Mastello or third party appointed by Mastello to enter all premises where the product with ownership retention are situated. Mastello has the right to seize above products if the buyer does not cooperate. All reasonable costs will be for the buyer.

ARTICLE 12. | COMPLAINTS

  1. Complaints about the execution of the agreement must be submitted to Mastello within reasonable time after the buyer has found the faults, fully and clearly explained, by e-mail.
  2. Any complaints submitted to Mastello will be replied within fourteen days after receipt. If a longer processing time is needed, Mastello will reply within fourteen days with a confirmation of receipt and an indication as to when the buyer can expect a more comprehensive answer.

ARTICLE 13. |LIABILITY

  1. Mastello carries no liability to any damage to the delivered goods, subject to any deliberate recklessness on the part of Mastello.
  2. Mastello carries no liability to any damage that the manufacturer carries liability to, based on products liability as mentioned in Department 6.3.3. of the Civil Code.
  3. Mastello never carries liability to consequential damages. However, if in spite of the determined in these terms and conditions there is still liability of Djati, then only direct damage will be eligible for reimbursement. The following definitions shall apply:
    • The reasonable costs made to determine the cause and extent of the damage, as far as determination appiies to the damage for which according to these terms and conditions eligibility for reimbursement applies;
    • Any reasonable costs made to restore the performance of Mastello to these terms and conditions, as far as these can be allocated to Mastello;
    • The reasonable costs, made to prevent or limit damage, as far as the buyer can show that these costs have actually lead to limiting the direct damage as mentioned in these terms and conditions. In case of consumer purchase, the limitation as mentioned in this paragraph does not go any further than is permitted according to article 7:24 paragraph 2 BW.
  4. In case of circumstances base upon a situation where a further liability of Mastello occurs, the liability exists with a maximum of the highest invoice, that is up to the part of the agreement to which the liability applies.
  5. The liability shall never entail more that the amount which will be paid out by the liability insurance of Mastello.
  6. The legal limitation period of any claims and defences accruing to consumers from Mastello is one year, by way of derogation from the statutory limitation period. By way of derogation from the former sentence any claims from consumers based upon facts that may justify the statement that the products not complying to the agreement after two years. The right to claim or defend in case of a defect to a product, expires if Mastello was not notified within reasonable time of the discovery of the defect. In case of a consumer purchase, a notification within two months is considered reasonable.
  7. With exception of intentional or conscious recklessness on the part of Mastello, buyer will exonerate Mastello from all claims of third parties, in case of reimbursement of damage, costs or interest, all with reference to the products delivered by Mastello.

ARTICLE 14. | FINAL PROVISIONS

  1. On any agreement and the resulting legal relationships only Dutch law applies.
  2. Parties will consult a judge only after having tried to solve any differences in mutual consultation among themselves.
  3. Only the judge working within the arrondissement of the Mastello location shall have jurisdiction to handle disputes, unless there is a compelling legal difference.