Terms and Conditions

General terms and Conditions

General Terms and Conditions of Amaziane, a sole proprietorship (eenmanszaak) with its address at Daniël Stalpertstraat 50-4, 1072 XH in Amsterdam, The Netherlands and registered with the Chamber of Commerce under number 81898169.

1. Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions: The general terms and conditions as contained in this document.

Amaziane:Amaziane, a sole proprietorship (eenmanszaak) with its address at Daniël Stalpertstraat 50-4, 1072 XH in Amsterdam, The Netherlands and registered with the Chamber of Commerce under number 81898169.

Goods: All goods that Amaziane may provide to a Client, including but not limited to Moroccan carpets, textile products and any ancillary products.

Price: The financial reward for the performance of Amaziane pursuant to an Agreement that has been made with the.

Client: Any person or business who entered into an Agreement with Amaziane and has accepted the applicability thereto of these General Terms and Conditions.

Agreement:Any agreement entered into between Amaziane and the Client for the order and/or delivery of Goods.

2. Scope

These General Terms and Conditions apply to every offer and Agreement entered into between Amaziane and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Amaziane and the Client will consult each other to agree new provisions to replace the void or voided ones.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Amaziane in writing.

If Amaziane does not require strict compliance to these General Terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Amaziane to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.

3. Offers and Formation of an Agreement

Offers are only valid when made in writing (including in electronic form such as through e-mail or as stated on Amaziane’s website).

All offers are non-binding, unless a period for acceptance is stated in the offer. If a period for acceptance is stated in the offer, the offer will lapse after this period has expired.

Offers do not automatically apply to future orders or reorders.

An Agreement is formed through the timely acceptance by the Client of Amaziane’s offer. Both offer and acceptance can be made electronically, through e-mail or Amaziane’s website.

4. Duration and termination of an Agreement

The Client and Amaziane may enter into an Agreement for a limited period of time or indefinitely, as they agree on a case by case basis.

If a period is agreed or stated in an Agreement for a performance by Amaziane, then this period is only indicative and is not to be regarded as a strict deadline or a guarantee made by Amaziane.

Amaziane and the Client may terminate an Agreement at any time by mutual consent.

In the event that one of the parties becomes bankrupt, is placed under conservatorship or ceases its business, the other party has the right to terminate the Agreement immediately.

5. Prices

All Prices are expressed in euros, inclusive of Dutch VAT and other applicable government levies, unless indicated otherwise.

All Prices are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

If Amaziane agrees a fixed Price when the Agreement is entered into, then Amaziane is entitled to increase this Price should the offer made rely on false assumptions based on information provided by the Client.

If Amaziane has the intention of amending the Price, it will inform the Client of this as soon as possible.

In the event that a Good is listed at an incorrect Price due to a typographical error, Amaziane shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed.

Prices on Amaziane’s website are monitored and updated regularly to try to ensure they are current. Should the price of an item a Client has ordered changed since the last update, Amaziane will contact such Client before progressing your purchase.

Amaziane reserve the right to change prices and specifications at any time without any notice being due unless a Client completed an order which is affected by a change.

6. Payment

Payment will take place by means of transfer to a bank account and following other payment instructions specified by Amaziane, unless agreed otherwise.

Payment afterwards must be made within 30 days of the invoice date, in a manner to be specified by Amaziane and in the currency in which the invoice is issued, unless agreed otherwise.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Amaziane and the Client may agree that payment for certain Goods be made in instalments and/or on a certain (e.g. monthly) periodical basis. If payment in instalments is agreed, the Client must make payments in accordance with the periods and percentages as established in the Agreement.

Any objections against an invoice do not have the effect of suspending the payment obligations.

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Amaziane and the obligations of the Client towards Amaziane are immediately due.

7. Collection costs

If the Client is in default or in breach of the Agreement, all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. The Client is in any event liable to pay the debt collection costs.

In deviation of article 6:96 paragraph 5 of the Dutch Civil Code (Burgerlijk Wetboek) and the Extrajudicial Collection Costs Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), Amaziane is entitled to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.

8. Suspension

If the Client does not meet an obligation arising from the Agreement or does not meet it in a timely and complete manner, then Amaziane is entitled to suspend all of its obligations under the Agreement.

Moreover, Amaziane is entitled to suspend the fulfilment of its obligations if:

after the Agreement is entered into, Amaziane becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
the Client has not made any payments after being requested to do so;
the Client is requested, upon entering into the Agreement, to provide security for the fulfilment of its obligations arising from the Agreement, and this security is not provided or is insufficient;
circumstances arise of such a nature that fulfilment of the Agreement is impossible, or that the performance of its obligations under the Agreement cannot be reasonably required of Amaziane.

Amaziane reserves the right to claim compensation for any damages suffered.

9. Termination

If the Client does not fulfil an obligation arising from the Agreement or does not meet it in a complete or timely manner, then Amaziane is entitled to terminate the Agreement with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

Moreover, Amaziane is entitled to terminate the Agreement with immediate effect if:

after the Agreement is entered into, Amaziane becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
the Client is requested, on entering into the Agreement, to provide security for the fulfilment of its obligations arising from the Agreement, and this security is not provided or is insufficient;
due to a delay on the part of the Client, Amaziane can no longer be required to fulfil the Agreement under the originally agreed conditions;
circumstances arise of such a nature that fulfilment of the Agreement is impossible, or that the unamended performance of the Agreement cannot be reasonably required of Amaziane;
the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;
the Client is placed under conservatorship;
the Client deceases.

If the Agreement is terminated, the Client’s debts to Amaziane become immediately due and payable.

If Amaziane terminates the Agreement on the above-mentioned grounds, Amaziane is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by Amaziane.

10. Force majeure

Breaches may not be attributed to Amaziane or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Agreement.

Circumstances regarded as resulting from a force majeure include lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials and machinery components as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Agreement by Amaziane cannot be reasonably sought by the Client.

In case of force majeure the parties are not obliged to proceed with the Agreement and are not bound to pay any compensation for Goods that have not been sent.

11. Availability of Goods

The availability of Goods as reflected on Amaziane’s website refers to the real availability at the time when the Client makes the order. Such availability must be however considered purely indicative because, as a result of the simultaneous presence of several users on the website, Good may be sold to other Clients before the order is confirmed. In addition, following the confirmation mail order sent by Amaziane, events of partial or total failure of Goods can occur. In this case, the order will be amended automatically by removing the unavailable Good from the order and the customer will be informed by e-mail.

12. Shipping

All Clients who order goods online from Amaziane and who otherwise have goods shipped from or to Amaziane to or from themselves, agree to bear all risks involved with the relevant shipment method chosen by the Client.

Amaziane will not be held liable for any damages or losses occurred during shipment or transportation of the particular good.

13. Examination and Return policy

The Client is obliged to examine the any goods received from Amaziane immediately at the moment of its receipt but in any case, within 14 days after receipt. Where relevant, the Client must examine whether the quality of the Product offered meets what the parties agreed.

Defects and shortcomings have to be reported within 14 days of receipt. Amaziane will inform Client thereafter regarding any applicable return procedures.

Any right to (partial) restitution of the price, repair, replacement or compensation lapses, if the defects will not be reported within the aforementioned period.

Client’s payment obligations will not be suspended if the Client reports the defect to Amaziane within the prescribed period.

Special provisions for Clients being consumers (non-business Clients) residing in the European Union:

-Consumer Clients who bought goods from Amaziane only online (koop op afstand), are entitled to cancel (ontbinden) the Agreement and return such goods to Amaziane without any reason and receive a full refund of the price paid for such goods if they notify (in writing, which includes e-mail) Amaziane within 14 days of their receipt of such goods of their cancellation of the Agreement. After such notification, the consumer Client should return the relevant goods to Amaziane immediately at their own costs, following return instructions form Amaziane and via similar shipping methods (including any related insurances) as they received the goods from Amaziane.

When a Client returns a Good and such Good is in good condition, Amaziane will refund the Client within 14 days of receipt of the returned Good.

-Excluded from the abovementioned cancellation right (herroepingsrecht) are the following goods sold by Amaziane:

custom made Products; and
all other Products that are excluded from any cancellation rights pursuant to applicable laws.

14. Liability

Amaziane can only be held liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Amaziane. Direct damage should only be understood as material direct damage to a property of a Client.

Amaziane is shall not be held liable for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client.

Amaziane shall not be held liable for damages of any nature resulting from Amaziane basing its actions upon inaccurate and/or incomplete information provided by the Client.

If Amaziane is held liable for any damage, then such liability shall be limited to the agreed invoice amount for the Service performed by Amaziane that gave rise to such liability.

The Client must report the damage for which Amaziane can be held liable to Amaziane as soon as possible, but in any event within 14 days of receiving the allegedly damaged Product or other good, in failure of which Amaziane cannot be held liable.

15. Indemnity

The Client indemnifies Amaziane against any claims by third parties who suffer damage in connection with any Services offered by it.

16. Privacy policy

Amaziane has a privacy policy which is applicable to all of its Agreements. It is available as a separate document on its website www.amaziane.com.

17. Amendment of the General Terms and Conditions

Amaziane is entitled to amend the General Terms and Conditions unilaterally to the extent such amendments are reasonable.

Amendments will also apply to existing Agreements.

Amaziane will inform the Client by e-mail about any amendments.

The amendments to the General Terms and Conditions will be in force thirty days after the Client is informed of such amendments.

Should a Client disagree with the announced amendments, such Client and Amaziane are both entitled to terminate the Agreement.

18. Other

These General Terms and Conditions apply to every offer and Agreement entered into between Amaziane and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Amaziane in writing.

If Amaziane does not require strict compliance to these General terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Amaziane to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.

The applicability of the Vienna Sales Convention (CISG) is excluded.

In deviation of the statutory limitation period, a limitation period of one year applies to all claims against Amaziane.

These General Terms and Conditions are filed at the Chamber of Commerce under number 81898169.

19. Governing law and Jurisdiction

Dutch law is exclusively applicable to all legal relationships to which Amaziane is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has (part of) its place of business outside of the Netherlands.

Disputes between Amaziane and the Client will only be submitted to the competent court in the Netherlands, unless statutory laws of The Netherlands prescribe otherwise.

E-mail : thomas@amaziane.com - emilie.petit@amaziane.com

General terms and Conditions

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