TERMS AND CONDITIONS FOR SALE OF GOODS

  1. Applicability

These Terms and Conditions for Sale of Goods will apply to the purchase of the Goods via this Website. These are the terms on which we sell Goods to the Consumer. By ordering any of the Goods, you agree to be bound by these Terms and Conditions of Sale.

We are MYKINY V.O.F. whose trading name is MYKINY a company registered in the Netherlands at the Dutch Trade Registry (“Kamer van Koophandel”) under number 68205546 whose registered office is at Marjoleinstraat 176, The Netherlands, 1034DT with email address service@mykinybrand.com; (hereinafter “MYKINY” or “we”).

  1. Definitions

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the supply of the Goods;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website www.mykinybrand.com on which the Goods are advertised.

  1. Disclaimer

3.1 The description of the Goods is as set out in the Website. We have taken reasonable care to ensure that representations and descriptions of Goods appearing on our Website are correct, nevertheless MYKINY does not make any warranties in regards to any of the content on this Website, in terms of accuracy, correctness, adequacy, usefulness, fit for purpose, reliability, or otherwise. Furthermore, the Goods are provided without warranties of any kind, whether expressed or implied.

3.3 In the event of any mistakenly received Goods and/or receipt of wrong Goods in terms of size and colour, these Goods may be returned subject to the terms and conditions of our return policy as set out in the FAQ section of this Website.

3.4 All Goods which appear on the Website are subject to availability.

3.5 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

3.6 MYKINY does not warrant that the functions of mykinybrand.com will be uninterrupted or error-free or that mykinybrand.com or its server is free of viruses or any other harmful components.

3.7 Mykiny may at any time amend these terms and conditions. Your continued use of this Site is conditioned on the terms and conditions stated at the time of your use. You should visit this page prior to using this Site to determine the current terms and conditions to which you are bound

  1. Personal information

We retain and use all information strictly under the Privacy Policy. You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy Policy which is subject to change from time to time.

  1. Your Order

5.1 You place your Order by using the ordering process on our Website. This involves making the selection on our Website and transmitting the Order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an Order by using the internet browser back button.

5.2 You must ensure that your Order and any other information you supply to us is correct and you must promptly update us if there are any changes.

We will send you a confirmation email after your Order and this constitutes our acceptance and is the point at which a binding legal contract is formed. Any incomplete and/or inaccurate Order and/or supplied information will be at your own risk, liability and responsibility.

5.3 We are not obliged to supply any Goods which are unavailable (notwithstanding that we have accepted your offer). If any Goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.

5.4 The default method of communication for all correspondence from us will be over email, using the email provided by yourself on the Order. In certain circumstances we may need to contact you over phone instead. You expressly agree to this.

  1. Price and Payment

6.1 The price for the Goods is as stated on our Website at the time you order. VAT is included unless we say otherwise.

6.2 Delivery costs are charged extra at the rate shown on our Website at the time you place your Order in the FAQ section. These will depend on the delivery method chosen. Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

6.3 Payment of Goods is as described in the FAQ and is in advance.

  1. Delivery

7.1 Delivery will be complete when we deliver to the address which you specify in the Order.

7.2 Delivery is only to the countries and is otherwise subject to any restrictions we specify in the FAQ.

7.3 Unless otherwise stated, delivery dates given on our Website are estimates only.

7.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the Goods, we will use reasonable endeavours to follow any special delivery instructions you have provided. This will be at your costs and risks.

  1. Risk and Title

8.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

8.2 You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

  1. Right to cancel Contract

9.1 For EU Consumer you can cancel the Contract by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return the Goods in undamaged condition at your own expense to us at Marjoleinstraat 176, The Netherlands, 1034DT without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. This right of cancellation is not affected by any separate returns policy on our Website (see also the return policy in case of wrongful Goods as stated in article 3.3. above).

9.2 To exercise this right for cancellation you must inform us by email: service@mykinybrand.com of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

9.3 In case of a valid exercise of your cancellation right we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g by email) without delay.

9.4 Except as set out below, if you cancel this Contract, we will reimburse to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge.

  1. Liability

Except for gross negligence or wilful misconduct, MYKINY’s total liability for any direct damages resulting or arising out of (any of) the use or sale of Goods, if and when established by the competent court, shall be limited to the price of such Goods as paid by Consumer. MYKINY shall in no event, be liable for any indirect damages of any nature whatsoever.

  1. Intellectual property rights

11.1The pictures, designs, images, trademarks, brands and Goods contained in this Website may be subject to intellectual property rights owned by MYKINY. By using this Website you agrees not to do or permit to be done anything which might in any way adversely affect the validity, value or any goodwill of MYKINY’s intellectual property rights nor in any way infringe the intellectual property rights of MYKINY or any other third party 11.2 All comments, photos, feedback, postcards, suggestions, ideas, and other submissions submitted or offered to mykinybrand.com shall be and remain MYKINY property. Such disclosure, submission or offer of any Comments shall constitute an assignment to MYKINY world wide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

  1. Governing law, jurisdiction and complaints

12.1 Any Contract between MYKINY and Consumer regarding the sale of Goods shall be governed by the laws of the Netherlands. The application of the provisions of the Vienna Convention on Sales of Good (CISG) is specifically excluded by the parties. Any disputes arising between the parties shall be submitted to the exclusive jurisdiction of the Court of Amsterdam.

12.2 In the event that a provision or part thereof of these Terms and Conditions for Sale of Goods would be invalid or unenforceable under law, then such invalid or unenforceable provision shall have no impact on any other terms herein.

12.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us first to find a solution. We will aim to respond with an appropriate solution within 5 days.