LEGAL

H

PRIVACY POLICY

 

DMNDBK AMSTERDAM respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparancy with our customers regarding the processing of personal data, its purpose(s) and the posibilities to exercise your legal rihgts in the best possible way.

 

If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autorieteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.

 

Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and / or tracking cookies on your computer, mobil phone or tablet. With the coninued visit of this website you acept these terms of use and you accept the use of cookies and other tracking systems, unless we have provided for another method of accepting cookies on our website.

 

The current available version of this privacy policy is the only version that applies while visiting our website until a new version replaces the current version.

 

Article 1 – Definitions

 

  1. Website (hereinafter: ‘’Website’’’) DMNDBK AMSTERDAM.

 

  1. Party responsible for processing personal data (hereinafter: ‘’the controller’’): DMNDBK AMSTERDAM, established at Kerspelstraat 13, 3641 JS Mijdrecht, The Netherlands, Chamber of Commerce number: 81398328.

 

Article 2 – Access to the website

 

Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political, or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.

 

Artcile 3 - Website content

 

All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.

 

Article 4 – Management of the website

 

For the purpose of proper management of the site, the controller may at any time:

 

  • Suspend, interrupt, reduce or decline the access to the website for a particular category of visitors.

 

  • Delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette.

 

  • Make the website temporarily unavailable in order to perform updates.

 

Article 5 - Responsibilities

 

  1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible fort he way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.

  2. The controller is not liable for any legal proceedings against you:

 

  • Because of the use of the website or services accesible via the Internet

  • For violating the terms of this privacy policy.

 

  1. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result or your connection the the website and you will refrain from any subsequent (legal) action against the controller.

  2. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.

 

Article 6 – Collection of data

  1. Your personal data will be collected by DMNDBK AMSTERDAM.

  2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’)

  3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific tot he physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  4. The personal data that are collected on the website are used mainly by the collector in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.

Article 7 – Your rights regarding information

 

  1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.

  2. You can exercise these rights by contacting us at: info@dmndbkamsterdam.com

  3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.

  4. Within one month of the submitted request, you will receive an answer from us.

  5. Depending on the complexity and the number of the requests this period may be extended to two months.

 

Article 8 – Legal obligations

  1. In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the collector, they will be provided tot hem after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy.

  2. If any information is neccessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.

 

Article 9 – Collected data and commercial offers

 

  1. You may receive commercial offers from the collector. If you do not wish to receive them (anymore), please send us an email tot he following address: info@dmndbkamsterdam.com

  2. Your personal data will not be used by our partners for commercial purposes.

  3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.

 

Article 10 – Data retention

 

The collected data are used and retained for the duration determined by law.

 

Article 11- Cookies

 

  1. A cookie is a small text file placed on the hard drive of your electronic device upon visiting our website. A cookie contains data so you can be recognized as a visitor when you are visiting our website. It enables us to adjust to your needs and it facilitates you to log in on our website. When you visit our website, we inform you about the use of cookies. By continiuing to use our website you accept its use, unless we ask permission by other means. Your consent is valid for a period of thirteen months.

  2. We use the following types of cookies on our website:

 

  • Functional cookies: like session and login cookies to collect session and login information.

 

  • Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information tot he needs of our visitors. We cannot see who visits our sites or from which personal device the visit has taken place.

 

  • Non-anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information tot he needs of our visitors.

 

  • Tracking Cookies: like advertising cookies that are intended to show relevant advertisements. By using these cookies we may deduce your personal interests. Thus (other) organisations may show you targeted advertisements when you visit their website. Tracking cookies make profiling possible and treat categories of people differently when targeting advertisements. Tracking cookies usually process personal data.

 

  1. Specifically, we use the following cookies on our website: Anonymised Google Analytics (analytical cookie), Google Analytics (analytical cookie), Adobe (analytical cookie), XSRF-TOKEN, _px3, _pxvid, _wixAB3|31c0d219-0386-4b02-a9c7-27ba64be37de, _wixCIDX, _wixUIDX, _wix_browser_sess, bSession, userType, wixClient, wixLanguage, wixSession2, bSession.

 

  1. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.

 

  1. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post/cookies#faq

 

Article 12 – Imagery and products offered

 

You cannot derive any rights from the imagery that accompanies any offered product on our website.

 

Article 13 - Applicable Law

 

These conditions are governed by Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

 

Article 14- Conduct

 

For questions, product information or information about the website itself, please contact: DMNDBK AMSTERDAM. info@dmndbkamsterdam.com.

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GENERAL TERMS AND CONDITIONS DMNDBK AMSTERDAM

 

Definitions

 

  1. DMNDBK AMSTERDAM: DMNDBK AMSTERDAM, established in Mijdrecht, Chamber of Commerce no. 81398328.

  2. Customer: the person with whom DMNDBK AMSTERDAM has entered into an agreement.

  3. Parties: DMNDBK AMSTERDAM and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

 

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of DMNDBK AMSTERDAM.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

 

  1. All prices used by DMNDBK AMSTERDAM are in euros, are inclusive of VAT and exclusive of any other costs such as administrative costs, levies and travel-,shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. DMNDBK AMSTERDAM is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. Increases in the cost prices of products or parts thereof, which DMNDBK AMSTERDAM could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Samples / models

 

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

 

Payments and payment term

 

  1. DMNDBK AMSTERDAM may, at the conclusion of the agreement, require a payment upfront of up to 100% of the agreed amount.

  2. The customer must have paid the full ammount within 7 days after placing an order.

  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without DMNDBK AMSTERDAM having to send the customer a reminder or to put him in default.

  4. DMNDBK AMSTERDAM reserves the right to make a delivery conditional upon immediate payment or to require adequete security for the total ammount of the services or products.

Consequences of late payment

 

  1. If the customer does not pay within the agreed term, DMNDBK AMSTERDAM is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to DMNDBK AMSTERDAM.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, DMNDBK AMSTERDAM may suspend its obligations until the customer has met his payment obligation.

  5. If the customer refuses to cooperate with the performance of the agreement by DMNDBK AMSTERDAM, he is still obliged to pay the agreed price to DMNDBK AMSTERDAM.

 

Right of recovery of goods

 

  1. As soon as the customer is in default, DMNDBK AMSTERDAM is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  2. DMNDBK AMSTERDAM invokes the right of recovery by means of a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediatly return the products concerned to DMNDBK AMSTERDAM.

  4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of cancellation

 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

 

  • The product has not been used.

  • The product is not specially tailored for the customer or adapted to its special needs.

  • It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.).

  • The consumer has not renounced his right of cancellation.

 

  1. The reflection period of 14 days as referred to in paragraph 1 commences:

 

  • On the day after the consumer has received the last product or part of 1 order.

  • As soon as the consumer has received the first product of a subscription.

  • As soon as the consumer has purchased a service for the first time.

  • As soon as the consumer has confirmed the purchase of digital content via the internet.

 

  1. The consumer can notify his right of cancellation via info@dmndbkamsterdam.com, if desired by using the contact form that can be downloaded via the website of DMNDBK AMSTERDAM, www.dmndbkamsterdam.com.

  2. The consumer is obliged to return the product to DMNDBK AMSTERDAM within 14 days after notification of his right of cancellation, after which period his right of cancellation will lapse.

  3. The shipment costs for return are due consumer.

  4. If the purchase costs are eligeble for reimbursement according to the law, DMNDBK AMSTERDAM will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to DMNDBK AMSTERDAM in time.

 

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfilllment of any obligation arising from this agreement.

 

Right of retention

 

  1. DMNDBK AMSTERDAM can appeal to his right of retention of title and in that case retain the products sold by DMNDBK AMSTERDAM to the customer until the customer has paid all outstanding invoices with regard to DMNDBK AMSTERDAM, unless the customer has provided sufficient security for these payments.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to DMNDBK AMSTERDAM.

  3. DMNDBK AMSTERDAM is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement

 

The customer waives his right to settle any debt to DMNDBK AMSTERDAM with any claim on DMNDBK AMSTERDAM.

 

Retention of title

 

  1. DMNDBK AMSTERDAM remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to DMNDBK AMSTERDAM under whatever agreement with DMNDBK AMSTERDAM including of claims regarding the shortcomings in the performance.

  2. Until then, DMNDBK AMSTERDAM can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

 

Delivery

 

  1. Delivery takes place while stocks last.

  2. Delivery takes place at DMNDBK AMSTERDAM unless parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, DMNDBK AMSTERDAM has the right to suspend its obligations until paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by DMNDBK AMSTERDAM.

 

Delivery period

 

  1. Any delivery period specified by DMNDBK AMSTERDAM is indicative and does not give the customer the right to dissolution or compensation if this period if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from DMNDBK AMSTERDAM.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless the parties have agreed upon otherwise.

 

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping

 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which DMDNBK AMSTERDAM may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to DMNDBK AMSTERDAM, failing which DMNDBK AMSTERDAM cannot be held liable for any damage.

 

Insurance

 

Storage

 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

 

 

Guarantee

 

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Exchange

 

  1. DMNDBK AMSTERDAM does not exchange products. If the customer would like to return a product for another item or size, the regular return process should be followed unless parties have agreed upon otherwise.

 

Indemnity

 

The customer indemnifies DMNDBK AMSTERDAM against all third-party claims that are related to the products and/or services supplied by DMNDBK AMSTERDAM.

 

Complaints

 

  1. The customer must examine a product or service provided by DMNDBK AMSTERDAM as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform DMNDBK AMSTERDAM of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

  3. The customer gives a detailed description as possible of the shortcomings, so that DMNDBK AMSTERDAM is able to respond adequately.

  4. The customer must demonstrate that the complaint relates to an agreement between the parties.

  5. If a complaint relates to ongoing work, this can in any case not lead to DMNDBK AMSTERDAM being forced to perform otheer work than has been agreed.

 

Giving notice

 

  1. The customer must provide any notice of default to DMNDBK AMSTERDAM in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches DMNDBK AMSTERDAM (in time).

 

Joint and several Client liabilities

 

If DMNDBK AMSTERDAM enters into an agreement with several customers, each of them shall be jointly and severally liable for the full ammounts due to DMNDBK AMSTERDAM under that agreement.

 

Liability of DMNDBK AMSTERDAM

 

  1. DMNDBK AMSTERDAM is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If DMNDBK AMSTERDAM is liable for any damages, it is only liable for direct damages that result from or is related to the execution of an agreement.

  3. DMNDBK AMSTERDAM is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If DMNDBK AMSTERDAM is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the ammount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximateand cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

 

Every right of the customer to compenstion from DMNDBK AMSTERDAM shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

 

  1. The customer has the right to dissolve the agreement if DMNDBK AMSTERDAM imputably fails in the fulfillment of his obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by DMNDBK AMSTERDAM is not permanent or temporarily impossible, dissolution can only take place after DMNDBK AMSTERDAM is in default.

  3. DMNDBK AMSTERDAM has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give DMNDBK AMSTERDAM good grounds to fear that the customer will not be able to fulfill his obligations properly.

 

Force Majeure

 

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of DMNDBK AMSTERDAM in the fulfillment of any obligation to the customer cannot be attributed to DMNDBK AMSTERDAM in any situation independent of the will of DMNDBK AMSTERDAM, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fufillment of its obligations cannot reasonably be required from DMNDBK AMSTERDAM.

  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which DMNDBK AMSTERDAM cannot fulfill one or more obligations towards the customer, these obligations will be suspended until DMNDBK AMSTERDAM can comply wit hit.

  4. From the moment that a force majeure situation has lasted at least 30 calender days, both parties may dissolve the agreement in writing in whole or in part.

  5. DMNDBK AMSTERDAM does not owe any (damage) compensation in a situation of force majeure, even i fit has obtained any advantages as a result of the force majeure situation.

 

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears neccessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

 

  1. DMNDBK AMSTERDAM is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by DMNDBK AMSTERDAM with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

 

  1. The customer cannot transfer its rights deferring from an agreement with DMNDBK AMSTERDAM to third parties without the prior written consent of DMNDBK AMSTERDAM.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annulable shall, in that case, be replaced by a provision that comes closest to what DMNDBK AMSTERDAM had in mind when drafting the conditions on that issue.

 

 

Drawn up on 28 january 2021