Munazzo General Terms and Conditions 

Article 1: Definition of terms

1. Munazzo is understood in these general terms and conditions: www.munazzo.com

2. The buyer in these general terms and conditions also includes those on whose behalf and on whose behalf services are provided, as well as those with whom purchase agreements for the delivery of products are concluded.

Article 2: General / Applicability

1. These terms and conditions apply to the exclusion of the general terms and conditions of buyers to all offers, purchase agreements and deliveries of products and to all offers and agreements such as the provision of services between Munazzo and its buyers.

2. Any purchase or other terms and conditions are only part of an agreement insofar as those terms or conditions have been explicitly accepted in writing by Munazzo.

3. The buyer who has been contracted under (other) general terms and conditions in the past agrees with the applicability of these general terms and conditions to subsequent agreements between the buyer and Munazzo

Identity of the entrepreneur:

Telephone number: 073 82 00 362

Email address: info@munazzo.com

Chamber of Commerce number: 64417360

VAT identification number: NL855657789B02

Article 3: Use of the services

1. To use the service, you are required to create a user account (an “Account”). If you are provided with an identification user code, password or other information as part of our security procedures that give access to your account, you must treat such information confidentially, you may not disclose it to a third party. A user identification code at Munazzo is the e-mail address with which you created the account. User accounts are strictly personal and individual: it is not permitted to share a user account with other people. We have the right to disable a user identification code or password at any time if, in our opinion, we have failed to comply with the provisions of these terms of use.

2. If you purchase a subscription to the services of Munazzo for a company, you represent it

– You have the authority to bind that company and you agree with this agreement;

– You will adhere to this agreement;

– You authorize Munazzo to use the company logo at any time on the website and on other promotional material.

3. Minors under the age of 13 are not allowed to use the service. If the laws of the country of residence permit so, minor children may use the service, provided their parent or legal guardian states that the account has been created with the approval of this parent or guardian.

If you allow your minor child or legal department to use the service, you agree to these terms and conditions for both yourself and your child or legal department. You further agree that you are solely responsible for all use of the service by your child or legal department, whether or not this application was permitted by you.

4. As long as you comply with this agreement, Munazzo grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the service as intended to be used and in accordance with this agreement and the applicable legislation. Munazzo does not grant you any other rights, implied or otherwise.

5. You may not use the service to distribute illegal or other undesirable material, or if it causes harm to others or the service itself. For example, you cannot:

(I) harm, threaten or harass the service of another person, organization or Munazzo; (Ii) cause damage, malfunction, overloading or impairment of the service;

(Iii) sell or redistribute any part of the service or access to the service, including the sale or purchase of an account;

(Iv) use or attempt to use unauthorized means to change, redirect, or access the service;

(V) use an automated process or service (such as a bot, a spider, periodic caching of information stored by Munazzo, or metasearching) to access or use the service, or copy the data from the service or delete;

(Vi) obtaining (or trying to obtain) all data from the service, with the exception of the data that we intend to make available to you.

Users Content

6. By using the Service, you are granting Munazzo a worldwide, irrevocable, non-exclusive, royalty-free license to use all material (including without limitation text, images and other images, hereinafter referred to as “User Content”). ) that you upload or send to the service by post. The content as given is not shared with third parties, with the exception of the parties you have chosen. You hereby acknowledge that all content posted on the service is available to all the public.

7. You may not upload files or send them by post to Munazzo or otherwise use them in a manner related to copyright, trademark or other proprietary rights without the express permission of the owner of such copyright, trademark or other proprietary rights. You are responsible for determining that the material is not protected. You are solely responsible for all damages resulting from copyright infringement, trademarks, property rights, or other damages resulting from your violation of this prohibition. All trademarks and / or service marks displayed on the service are the exclusive property of their respective owners, and may not be used without the owner’s permission.

8. Munazzo does not claim any ownership rights to the User Content. Munazzo reserves the right to edit or remove User Content that you upload or post to the service. The service does not have a check process or verification process of the User Content that you upload or make available to the service by post, nor does the service monitor the User Content made available to the service.

9. You determine who has access to your User Content. When you give others access to your User Content on the service, you grant it for free, with a non-exclusive permission to use, reproduce, distribute, display, transmit, and to the public such User Content exclusively to be used in connection with the service. If you do not want others to have those rights, you may not use the service to share your User Content.

10. By using the service, you give Munazzo the right to use, modify, adapt, reproduce, distribute, publish and display your User Content on the service. These rights apply only to the extent necessary for the operation of the Service.

11. User Content that violates these Terms of Use or your local laws is not permitted on the Service. Munazzo reserves the right to revise content for the purpose of enforcing these Terms of Use. If you share User Content on the Service in a manner that violates others, copyrights, other intellectual property rights or property rights or publicity or privacy rights, you are violating these terms of use. You represent and warrant that you have all the rights that are necessary for you and that the use of the User Content does not violate any law.

We may remove your content from the service at any time and for any reason, including if:

(i) you violate these Terms of Use;

(Ii) the User Content exceeds storage or file size limits; or

(iii) we cancel or suspend your access to the Service.

Munazzo performs monitoring to ensure the suitability of the content referred to in this user agreement, and, or as a result of such verification or after receiving notification of inappropriate content from third parties. Munazzo reserves the right to remove any or all User Content from the service. You agree to immediately bring down the Content that violates the terms of use, following a take-down request from Munazzo. In the event that you choose not to comply with a request from Munazzo, the service reserves the right to immediately disable such content and also your access to the service.

12. You are responsible for backing up the User Content that you post on the Service. We may permanently remove your User Content from the Service if your access to the service is suspended or canceled. We have no obligation to return User Content to you after your access to the Service has been suspended or withdrawn. If User Content is stored with an expiration date, we can choose to remove the User Content from that date. User Content that is deleted can be irreversible.

13. You agree that Munazzo is not responsible for a product or Professional Service that is displayed within the service and that originates from a country other than the source of Munazzo. All matters relating to the Products or Professional Services are offered by third parties, including, but not limited to, purchase conditions, payment conditions, guarantees, maintenance and delivery, exclusively between you and the third parties. We do not give any guarantees or statements with regard to the products or Professional Services by third parties. You cannot consider us (and we will not be construed as) a party to such transactions, or may have received any form of income or other compensation in connection with such transactions, and we are not liable for any costs or damages that,

Payments

14. All functions and features of the service are paid functionalities (hereinafter collectively referred to as “functionalities”). You agree to pay for the use of the functionalities within 30 days. We may suspend or cancel your access to the service if we do not receive such a payment on time. Suspension or cancellation of your access to the service in the event of non-payment may result in loss of access to the use of your account, as well as the loss of your User Content stored on the Service.

15. To pay the costs for Functionalities delivered via the service, you will be asked for a payment method at the time that you sign up for such functionalities. You can request and change information about your account and payment method by contacting Munazzo. You agree to keep your billing information current at all times.

16. By providing a payment method, you declare that

(i) you are authorized to use the payment method that you provide and that the information you provide is accurate and accurate;

(Ii) you acquire Munazzo, to charge for the functionalities through the use of your payment method; and

(iii) you get Munazzo to charge for the functionalities. We charge each billing period per month.

17. The subscription to our service is automatically renewed every billing period (per month). The cost for each billing period is based on the functionalities of the service that you use in combination with other factors, including, but not limited to, the number of imported items, number of stores and the number of channels. Calculation of the amount of the charge is automatic and can vary every billing period. More information about prices can be found at Munazzo.com. To cancel your subscription, you must cancel the Functionalities before the next invoice date to prevent your contract from being renewed. If you cancel the recurring payment option, your account will remain active until the next due date. In the event of such a cancellation, you will not be reimbursed. If you delete your account before the end of the period for which you paid, your cancellation will be processed immediately. In the case of deletion of your account, you will not receive a refund.

18. We will provide you with an invoice via e-mail. You can see all your invoices later in your account on the service. If we have made a mistake on your invoice, you must notify us within 30 days of the error first appearing on your invoice. We will then immediately start an investigation. If you fail to notify us or fail to notify us in time of any errors on your invoice, we will not be obliged to correct the error and your right to any reimbursement will lapse. Munazzo also does not take any liability and claims as a result of damage caused by incorrect information on the invoice.

19. When you use our functionalities, you agree that we offer the Functionalities immediately. You are not entitled to a cancellation or “cooling off period”, unless there is a cooling off period by law. Payments for Functionalities (whether these are transactions or subscriptions) are non-refundable.

20. Munazzo can change the price of the functionalities at any time and will keep you informed by e-mail at least 15 days before the price change. This does not apply to the change in registration as a result of the factors mentioned in paragraph 17. If you do not agree with the price change, you must cancel the functionalities and stop using the Functionalities before the price change takes effect. If a fixed duration and price is offered for your functionalities, that price will remain in force during the duration.

21. You must pay for all costs that we incur to collect any arrears. These include lawyers’ fees and other legal costs and costs in the event of non-payment.

22. If Munazzo owes you a payment, you agree to timely and accurately provide us with all the information we need to make this payment true. You are responsible for any taxes and costs that may arise as a result of this payment to you. You must also meet all other conditions that we set for your right to any payment. If you have received a payment in error, we can reverse it or request a return of payment. You agree to work with us to make this happen. We reserve the right to reduce the payment to you without prior notice. This happens in the event of an adjustment and / or correction for payments.

Article 4: Offers / Industrial property

1. All offers in price lists, circulars, advertisements, order confirmations, letters, wherever published or howsoever made, are always without obligation.

2. All rights arising from industrial and intellectual property, as well as copyrights, remain with Munazzo

Article 5: Prices

1. All prices are exclusive of VAT and expressed in Euros (€), unless explicitly stated otherwise.

2. All prices are based on the price lists applicable at the time of the conclusion of the agreement, or later price quotes via a Munazzo computerized system, or via e-mail or in writing.

3. If one or more cost price factors undergo an increase after the conclusion of the agreement, Munazzo is entitled to pass them on in the price.

Article 6: Agreement

1. An agreement is concluded when the buyer places an order via the webshop, or by telephone, via e-mail or in writing, unless Munazzo informs the buyer within 24 hours of ordering by telephone, via e-mail and / or in writing. not accept the order. The foregoing also applies to suppliers designated by Munazzo, from whom the buyer orders directly. Munazzo may always refuse a customer without giving reasons, not accept it.

Article 7: Payment

1. All payments are immediately made by buyer by iDeal or other electronic payment method. Final payment term 7 days.

2. If the buyer has not paid on time or in full, he will be in default by operation of law without further notice of default being required. In that case all claims by Munazzo on the buyer to which these general terms and conditions apply are immediately and immediately claimable. In that case, the buyer will also owe Munazzo an annual interest rate of 3% above the 3-month Euribor interest rate applied by the Dutch Bank at that time, with a minimum of 8.5%, with part of a month counting as a full month.

3. All costs related to the collection, in particular extrajudicial costs, are for the account of the buyer. The extrajudicial costs are set at least 15% of the amounts due in principal, with an absolute minimum of € 150.

4. Every payment by the buyer is first of all to settle the interest due and then to settle the costs of the collection, with the exception of the legal costs. Only after payment of these amounts will any payment by the buyer be deducted from the outstanding claims in principal, with the oldest outstanding claim being debited first.

5. The buyer is not entitled to apply a set-off of debts with regard to amounts that Munazzo charges under an agreement between them.

6. Munazzo is always entitled, also during the performance of the agreement, to suspend the fulfillment of its obligation until the buyer has provided security for the fulfillment of his payment obligations at the request of Munazzo. Munazzo is also entitled to demand security for future deliveries to the buyer.

We only invoice electronically, the invoice is sent in PDF.

7. Munazzo pays its suppliers within four (4) weeks. Suppliers will receive a confirmation mail after payment has been made.

Article 8: Delivery by Munazzo, delivery time, risk

1. The orders will be delivered by XLSupply B.V. according to a delivery schedule to be announced by Munazzo. Munazzo has the right to change or adjust this schedule at any time. The Buyer shall furthermore observe the instructions given by Munazzo with regard to the manner in which orders must be placed. If the buyer deviates from the method of ordering set by Munazzo, the (extra) costs incurred for this will be charged to the buyer.

2. Agreed delivery times, unless otherwise agreed in writing, can never be regarded as deadlines. If there is a risk that any term will be exceeded, Munazzo and the buyer will consult as soon as possible. In the event of late delivery, Munazzo (with due observance of a reasonable period) must be given notice of default, whereby XLSupply B.V. must be given a reasonable period of at least 21 calendar days during which it can still meet the agreed obligations.

3. XLSupply B.V. is entirely free to determine the method of transport in accordance with the applicable legal provisions; in all cases where the products cannot be delivered according to the delivery schedule at the request of the buyer, the transport costs are entirely for the account of the buyer.

4. Without prejudice to the provisions of paragraph 3 of this article, the buyer bears immediately after delivery the risk for all direct and indirect damage caused to or by the delivered products or parts thereof.

Article 9: Delivery by third-party supplier

1. Munazzo is authorized to use third-party suppliers to be designated by Munazzo. Munazzo will take the necessary care into account when choosing a third-party supplier.

2. The third-party supplier delivers the products to be paid via Munazzo directly to the buyer. In all cases, the buyer can order the products from the third-party supplier directly from Munazzo. In the case of direct deliveries, payment to Munazzo continues to take place, unless otherwise agreed with third-party supplier, then products are paid directly to third-party supplier.

3. Munazzo is not liable for shortcomings and / or defective deliveries by the third-party supplier. Munazzo will assist the buyer as much as possible in filing any damage claims that the buyer may have against the third-party supplier in the event of shortcomings and / or defective deliveries by the third-party supplier.

Article 10: Retention of title

1. The ownership of all products supplied by Munazzo to the buyer remains with Munazzo as long as the buyer has not paid the claims of Munazzo with regard to a purchase agreement or for any reason whatsoever, as long as the buyer still performs work still to be performed under any other agreement. has not paid and as long as the buyer has not paid the claims of Munazzo for failing to comply with such commitments, including claims for fines, interest and costs. Munazzo is in this case entitled to bring the delivered products under its control, including entering the site of the buyer, to remove the products in question from the store and the buyer’s warehouse. Packaging will never become the property of the buyer.

2. The buyer is permitted to sell the products delivered under retention of title to third parties within the framework of the normal conduct of his business. The buyer is not entitled to establish a lien or a possession-free lien on the products supplied by Munazzo.

3. In addition to the retention of title referred to in Article 7.1, the buyer undertakes to reserve a possession-free lien upon first request by Munazzo and to establish, insofar as necessary, the products supplied by Munazzo to the buyer, as security for all existing and future claims of Munazzo, for whatever reason.

Article 11: Complaints on products supplied by Munazzo

1. Upon delivery and receipt of the products delivered by Munazzo, the buyer must check whether the delivery corresponds to his order or his order. 2. Complaints about visible defects and / or shortcomings or surplus reports of the delivery must be reported to Munazzo immediately, but no later than within 24 hours after the delivery date. Reports as described must be reported as much as possible via the automated system supplied and / or designated by Munazzo. Other claims regarding delivered products will only be processed by Munazzo if they have been notified to Munazzo within 24 hours after the buyer could reasonably have discovered the defect. After this period has expired, the buyer is deemed to have found the delivered goods in order.

3. Any rights under this article only apply to the first buyer. The buyer does not have the right to suspend payment of the delivered goods on the basis of apparent defects; if the complaint proves to be justified, a refund can be made later.

4. Returning (returning) the delivered goods can only take place by the buyer after approval and with the express written permission of Munazzo

5. Exchange of articles is only possible if this exchange is desired as a result of an identifiable and culpable wrongful act on the part of Munazzo. In that case, items will be exchanged for the correct item on the next shipment, provided that these items are offered in sealed, original (factory) packaging as they have been delivered.

In summary:

Munazzo only accepts returns in the following cases:

1.Product does not meet the requirements after testing, this must be reported in writing by the client within 24 hours of receipt. No claim can be made after this period.

2. An incorrect product or quantity has been delivered. This must be communicated in writing to Munazzo within 24 hours. The burden of proof lies with the client. Incorrect is understood to mean a delivery that deviates from the order requested in writing by the client, which must be confirmed in writing by Munazzo. In all other cases, no returns are accepted, unless otherwise agreed.

Article 12: Force majeure

1. Munazzo is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, or that is not for its account under law, legal act or generally accepted opinion.

2. If, due to force majeure, or other extraordinary circumstances, such as but not limited to industrial strike, stagnation in the supply of products, port strikes and fire, Munazzo is unable or not able to fulfill its obligations in time or at the time of Munazzo or its suppliers pursuant to the agreement, Munazzo has the right to execute the agreement within a reasonable period – 3 months, or – if fulfillment within a reasonable period is not possible – to declare the agreement wholly or partially dissolved.

3. The buyer is not entitled to terminate the agreement in the aforementioned case.

Article 13: Liability

1. Munazzo accepts legal obligations to pay compensation insofar as the buyer can prove by means of legal means and proves that the damage was caused by gross negligence or negligence on the part of Munazzo.

2. The liability for damage arising from Article 13.1 is expressly limited to an amount equal to the amount invoiced in the principal sum, relating to the products supplied and / or services provided.

3. Any far-reaching liability of Munazzo for damage, including but not limited to liability for employees and assistants, is excluded, for whatever reason, including all direct and indirect damage, such as consequential or commercial damage. In addition, the buyer indemnifies Munazzo against all claims from third parties with regard to any damage or loss suffered by it, with due observance of the provisions of this article.

Article 14: Termination

1. If the buyer fails to meet one or more of his obligations arising from the agreement, does not do so on time or does not comply properly, Munazzo is entitled to suspend the delivery of the products without further notice of default and judicial intervention and without being obliged to pay any compensation. and / or terminate the relevant purchase agreement by giving written notice to the buyer, with immediate effect, without prejudice to all other rights vested in Munazzo.

2. If the buyer at the time of the dissolution had already received services to implement the agreement, the agreement will only be partially dissolved and only for that part that has not yet been performed by Munazzo. Amounts that Munazzo has invoiced for the dissolution in connection with what it has already performed or delivered for the execution of the agreement, remain indebted and remain immediately due and payable at the time of the dissolution.

3. All claims by Munazzo are immediately due and payable in full if the buyer fails to meet his obligations, or in the event of his bankruptcy or suspension of payment, or if the buyer loses or threatens to lose free access to his assets or part thereof for whatever reason. to lose. In that case, Munazzo has the right to terminate or suspend the agreement with immediate effect without judicial intervention by means of a written notification to the buyer, in whole or in part, without prejudice to its right to compensation.

Article 15: Other obligations of the buyer

1. The buyer is obliged to immediately inform Munazzo in writing if his bankruptcy or suspension of payment is requested or if the buyer loses or threatens to lose free disposal of all or part of his assets for whatever reason.

Article 16: Changes

1. These general terms and conditions can be changed by Munazzo, but these changes do not apply to the buyer until after the buyer has been informed of these changes.

Article 17: Applicable law and disputes

1. Only Dutch law applies to the agreements between Munazzo and the buyer.

2. All disputes between Munazzo and its buyers shall be submitted to the competent court in the area of ​​domicile of Munazzo or, at the discretion of Munazzo, to the competent court in the buyer’s place of residence.

Article 18: Copyright webshop

1. Copyright exists on all photos, images, texts etc. None of this may be taken over for personal use from Munazzo without prior written permission. Copying images and photos, these can be used after written permission. It is never allowed to copy texts from products and others from the web store, unless permission has been granted. (via a link or webshop platform)



Office Amsterdam

Zuidplein 36
1077 XV
Amsterdam WTC
Netherlands
+31 (0)20 799 76 17
support@munazzo.com

Office Silicon Valley
4701 Patrick Henry Dr
Building 25
Santa Clara
California 95054
United States of America

Fulfilment Center
Rietveldenweg 41A
5222 AP
‘s-HERTOGENBOSCH
Noord-Brabant
Netherlands
+31 (0)73 624 0420