Your cart

Your cart is empty

Discover our exceptionally beautiful collection of Vests, Ponchos and Kimonos

General Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms, the following definitions apply:

1.  Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

2.  Reflection period: the period during which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;

4.  Day: calendar day;

5.  Digital content: data that is produced and delivered in digital form;

6.  Duration agreement: an agreement that aims for the regular delivery of goods, services, and/or digital content over a specified period;

7.  Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows for future consultation or use over a period that is aligned with the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;

8.  Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;

9.  Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;

10.  Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, only or also one or more techniques for distance communication are used;

11.  Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding his order;

12.  Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same space.

Article 2 - Identity of the entrepreneur

Muni Tribe

Vd Houven van Oordtlaan 8

7316AH Apeldoorn

info@munitribe.nl

KVK: 60631309

VAT: NL001381036B38

Article 3 - Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance contract between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier in a simple manner. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs are correspondingly applicable, and the consumer may always rely on the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The Offer

1.  If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

2.  The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3.  Every offer contains sufficient information for the consumer to clearly understand the rights and obligations associated with accepting the offer.

Article 5 - The Agreement

1.  The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stated therein.

2.  If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.

3.  If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4.  Within legal frameworks, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of a distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.

5.  The entrepreneur will send the following information to the consumer, either in writing or in a way that allows the consumer to store it in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content:

a.  the business address of the entrepreneur's establishment where the consumer can lodge complaints;

b.  the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c.  information about warranties and existing after-sales service;

d.  the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or execution of the distance agreement;

e.  the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

f.  if the consumer has a right of withdrawal, the model withdrawal form.

6.  In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

For products:

1. The consumer may terminate an agreement regarding the purchase of a product without giving any reason during a cooling-off period of at least 14 days. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to provide his reasons.

2. The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party previously designated by the consumer (who is not the carrier), has received the product, or:

a. if the consumer orders multiple products in one order: the day the consumer, or a designated third party, receives the last product. The entrepreneur may, provided that the consumer has been clearly informed prior to the ordering process, refuse an order of multiple products with different delivery times.

b. if the delivery of a product consists of several shipments or parts: the day the consumer, or a designated third party, receives the last shipment or part;

c. for agreements involving regular deliveries of products over a specific period: the day the consumer, or a designated third party, receives the first product.

For services and digital content not delivered on a tangible medium:

3. The consumer may terminate a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium without giving any reason during a minimum of 14 days. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to provide his reasons.

4. The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium due to lack of information about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established according to the previous paragraphs of this article.

6. If the entrepreneur provides the consumer with the information mentioned in the preceding paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer must handle the product and packaging carefully. He may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for any depreciation of the product resulting from handling it more extensively than permitted under paragraph 1.

3. The consumer is not liable for any depreciation of the product if the entrepreneur did not provide all the legally required information about the right of withdrawal before or when concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1.  If the consumer exercises his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

2.  As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has observed the return period if he returns the product before the cooling-off period has expired.

3.  The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4.  The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5.  The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he or she will bear the costs himself, the consumer does not have to bear the costs for return.

6.  If the consumer revokes after first expressly requesting that the provision of the service or the supply of gas, water or electricity that have not been prepared for sale commences in a limited volume or certain quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.

7.   The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;

b. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8.  The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if

a. he has not expressly agreed to commence performance of the contract before the end of the cooling-off period prior to its delivery

b. he has not acknowledged losing his right of withdrawal when granting his consent; or

c. the entrepreneur has failed to confirm this statement from the consumer.

9.  If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

 

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1.  If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send an acknowledgment of receipt after receipt of this notification.

2.  The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.

3.  The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.

4.  If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement

1.  Products or services whose price is bound by fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2.  Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;

3.  Service agreements, after full performance of the service, but only if

a. the execution started with the express prior consent of the consumer; and

b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

4.  Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;

5.  Service agreements for the provision of accommodation, if a certain date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;

6.  Agreements relating to leisure activities, if a specified date or period of performance thereof is provided for in the agreement

7.     Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual consumer choice or decision, or which are clearly intended for a specific person

8.  Products that spoil quickly or have a limited shelf life;

9.  Sealed products which, for reasons of health protection or hygiene, are not suitable for return and the seal of which has been broken after delivery

10.  Products irrevocably mixed with other products after delivery by their nature;

11.  Alcoholic beverages the price of which was agreed at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market over which the entrepreneur has no influence;

12.  Sealed audio, video recordings and computer software, the seal of which was broken after delivery

13.  Newspapers, periodicals or magazines, other than subscriptions thereto;

14.  The supply of digital content other than on a tangible medium, but only if

a. the execution started with the express prior consent of the consumer; and

b. the consumer has stated that he loses his right of withdrawal.

Article 11 - The price

1.  During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2.     By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are target prices are stated in the offer.

3.     Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4.     Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5.  The prices stated in the range of products or services include VAT.

 

Article 12 - Compliance with agreement and additional guarantee

1.  The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2.  An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.

3.  An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

 

Article 13 - Delivery and execution

1.  The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

2.  The place of delivery is the address that the consumer has made known to the entrepreneur.

3.  Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.

4.  After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

5.  The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 14 - Duration transactions: duration, cancellation and extension

Cancellation:

1.  The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

2.  The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, taking into account the agreed termination rules and a notice period of no more than one month.

3.  The consumer may accept the agreements referred to in the previous paragraphs

- cancel at all times and not be limited to cancellation at a certain time or in a certain period

- at least cancel in the same way as they were entered into by him;

- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4.  An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5.     By way of derogation from the previous paragraph, an agreement entered into for a fixed period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.

6.  An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The period of notice shall not exceed three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7.  An agreement with limited duration until the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the end of the trial or introductory period.

Duration:

8.  If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

 

Article 15 - Payment

1.  Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

2.  When selling products to consumers, the consumer may never be obliged to pay in advance of more than 50% in general terms and conditions. Where prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service (s) before the agreed prepayment has taken place.

3.  The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

4.     If the consumer does not meet his payment obligation (s) in a timely manner, it is, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the subsequent € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from the amounts and percentages mentioned for the benefit of the consumer.

 

Article 16 - Complaints procedure

1.  The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2.  Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

3.  Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a receipt and an indication of when the consumer can expect a more detailed answer.

4.  The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to the dispute settlement procedure.

Article 17 - Disputes

1.  Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

 

Article 18 - Additional or derogating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.