Delivery Terms

Online orders
We work with a real time stock system on our website. In our warehouse we have a separate section for our online wholesale shop so the quantity you can select is the quantity that is available for online orders at that moment. If you are interested in larger quantity do not hesitate to contact us since we normally have more stock in our warehouse or in our showroom.

- We have a minimum order of only €40 per order

- We check all new accounts daily for valid VAT numbers, if you provide us a valid VAT number we can send the goods with 0% VAT for all - EU countries (except the Netherlands).

- We are constantly increasing service and thus adding more payment methods. Currently you can use: bank transfer, PayPal, iDEAL and Bancontact.

- Discount on orders from €100.

- Orders placed and paid on working days before 15:00 will usually be delivered the next day in the Netherlands, Belgium and Germany.  For other EU countries it may take up to 2 or 3 days depending on your location.  

- We use DPD for all our shipments.  

 - We check all orders carefully but due too the large amount of products we send out every day, it can happen an item arrives broken. Please send us a picture of the broken item and we will replace it at your next order or we will pay you back the money for this item. 

 Any questions? Please do not hesitate to contact us: info@mengatrading.com

General delivery and payment terms and conditions of Menga B.V.  

Registered with the Chamber of Commerce under number 60.95.23.93 

GENERAL 

Article 1. 

These terms and conditions apply to all our agreements, including agreements concerning the supply of services or the making available of goods. Even if the wording of a provision in these terms and conditions focuses on a sales agreement, that provision shall, if necessary correspondingly, also apply to any other agreement concluded with us. The other party to the agreement is hereinafter referred to as the ‘customer’. 

NON-BINDING OFFER 

Article 2. 

Unless expressly agreed otherwise in writing, all our offers, quotations, price lists, delivery times, etc. are without obligation. We may withdraw our offers within two working days after acceptance. We shall only be bound by a written confirmation of the customer's order. However, we are expressly authorised to deliver and execute the contract without order confirmation.

PRICES 

Article 3. 

Our prices are, unless agreed otherwise in writing, calculated for delivery ex warehouse. The price shall be that agreed with the Customer on the understanding that special, interim changes in cost price factors may be passed on to the Customer. Such changes shall include: an increase in the price of the product on the world and/or Dutch market of more than seven per cent; changes in the exchange rate of foreign currencies in relation to the euro of more than ten per cent increase in turnover tax, customs duties, levies payable under public law and other charges imposed by government bodies and other collective payments. 

DELIVERY TIME 

Article 4. 

4.1 The stated delivery time is not a deadline, unless expressly agreed otherwise. In the event of late delivery, we must therefore be given written notice of default, 

4.2 Furthermore, the delivery time shall always be subject to undisturbed labour and material supply, undisturbed transport and timely delivery by our suppliers, such that we are able to meet the delivery time, 

4.3 Exceeding the delivery time shall not entitle the Customer to dissolve the contract, unless the Customer can prove that timely delivery is essential to its business operations. In that case, the dissolution must take place in writing and at the latest within five days of the expiry of the delivery time. 

4.4 Exceeding the delivery time shall never give the customer the right to claim damages, nor for his part not to fulfil any obligations ensuing from the agreement. 

4.5 In Articles 4.2, 4.3 and 4.4, delivery time shall be understood to mean: the period which the customer has legally set in his notice of default or for the delivery, or the agreed delivery period, if a firm deadline has been expressly agreed. 

DELIVERY 

Article 5. 

We are entitled to deliver goods sold at once or a quantity of goods called at once, in parts. 

Article 6. Shipment of the ordered goods shall take place in a way to be determined by us, but at the expense and risk of the buyer, unless agreed otherwise. Orders not accepted shall be stored by us at the expense and risk of the Purchaser, whereby we shall also be entitled to immediate payment by the Purchaser of the full amount. 

Article 7. Unless expressly agreed otherwise in writing, delivery shall be deemed to have taken place ex our warehouse in Valkenswaard, so that the Customer shall bear the risk from the time the goods have left our warehouse. 

Article 8. Immediately after the goods, or the most important parts thereof, to be judged by us, have been delivered within the meaning of article 7, the buyer shall bear the risk for all direct and indirect damage which may be caused to or by these goods to the buyer or third parties, without prejudice to the provisions of article 6. 

LOAN/RENTAL 

Article 9. 

Packaging is included in the price, unless agreed otherwise. Packaging not included in the price shall be provided on loan and shall therefore remain our property. Unless agreed otherwise, the Customer shall return this packaging to Us carriage paid in undamaged condition within one month at an address indicated by us. Failing this, the Customer must compensate Us for the cost price of new replacement packaging. 

Article 10. 

10.1 All materials and installations provided by Us on loan or hire (purchase) may only be used for the storage and/or processing of products delivered by Us, 

10.2 Immediately on or after delivery, the Customer must ascertain the good condition of the materials and installations made available. Clause 12.1 shall apply mutatis mutandis.

LIABILITY 

10.3 The Customer is obliged to have the materials and installations made available properly maintained by a competent expert. All costs of use and maintenance of the materials and installations shall be borne by the Customer. 

10.4 If the Customer acts in violation of its obligations) arising from Articles 10.2 and/or 10.3, we shall be entitled to dissolve the agreement with immediate effect and the Customer shall be obliged to immediately make the materials and installations made available to Us clean, properly maintained and empty at a location to be specified by Us, without prejudice to our right to claim damages. 

Article 11. 

11.1 We do not guarantee the usability of the products, services or items made available by us for any particular purpose and/or under all circumstances. 

11.2 We shall not be liable for any advice for use provided unless the Customer can prove intent or gross negligence on our part. 

11.3 We shall not be liable for errors or wrongful acts committed by our employees or other persons involved by us or on our behalf in the execution of the agreement concluded with the Customer, unless it concerns an error or wrongful act committed by persons who can be regarded as organs of our company or as executive officers, and the Customer also demonstrates intent or gross negligence. 

11.4 We shall not be liable for damage directly or indirectly resulting from defects in products delivered by us, goods made available by us or goods used in the execution of the agreement, or resulting from a deviating quality of the product delivered by us, unless there is product liability as referred to in Book 6 Title 3 Part 3 of the Dutch Civil Code. 11.5. Except for product liability as referred to in Book 6 Title 3 Part 3 of the Dutch Civil Code, any other liability on our part shall always be limited to: a the invoice amount or, in the absence thereof, the value of the agreed performance; c the amount covered by insurance if and insofar as we are insured against the liability in question and if the amount covered by insurance is higher than the invoice amount or the value of the performance referred to under a. or b. 

INSPECTION/COMPLAINTS 

Article 12. 

12.1 New goods delivered by us, as well as new parts, are guaranteed in accordance with the so-called manufacturer's warranty given on them. Second-hand goods delivered by Us shall not be guaranteed by Us, not even for hidden defects, unless expressly agreed otherwise in writing. 

12.2 The Customer is obliged to check the delivered goods immediately on or after delivery. Complaints by the Customer about the delivery, including complaints about deviations in the quality of the delivered goods, which can be discovered immediately upon proper inspection, must be submitted to Us in writing within eight days after delivery, or within eight days after the goods have been made available to the Customer, If the Customer has not submitted a written complaint within the aforementioned period of eight days, the goods delivered by Us shall be deemed approved and accepted by the Customer, and our warranty obligation with regard to those defects shall lapse. 

12.3 If a complaint by the Customer is found to be well-founded, instead of repairing or replacing the delivered goods or supplying an additional quantity, we shall be entitled to credit the Customer for the lesser value up to a maximum of the invoice amount. 

PAYMENT 

Article 13. 

Contrary to what may have been agreed with regard to payment, we are entitled, before continuing delivery, to demand payment for products already delivered and/or advance payment. 

Article 14. 

Payment must be made within 14 days of the invoice date, unless expressly agreed otherwise or another payment term is stated on our invoice. Each payment term is a fatal term, so that after its expiry the buyer is in default without sommade or notice of default being required. 

Article 15. 

With regard to payment of the price, the Purchaser shall not invoke set-off against any claim the Purchaser may have on us. Nor shall the Purchaser be entitled to suspend payment of the price on the grounds of any alleged counterclaim or objection regarding the execution of the agreement.

ELECTRONIC PAYMENT 

Article 16. 

In case of payment by debit card or credit card, the Customer guarantees that it has sufficient balances If insufficient balances for full payment are present, the Customer shall be obliged to provide sufficient security for the fulfilment of its obligations upon first request, We shall be entitled to withhold goods from the Customer until full payment is made or sufficient security is provided. 

CONSEQUENCES OF LATE PAYMENT 

Article 17. 

If the Purchaser has several financial obligations towards Us or it has been agreed that delivery and payment shall be made in instalments, all our other claims, including future instalments, shall be payable at once - in case of default of the Purchaser in respect of one of our claims, without prejudice to our rights pursuant to Article 13. 

 Article 18. 

18.1 In the event of non-payment or late payment, our claim will be increased by extrajudicial collection costs. If this collection rate is changed, the collection costs will be calculated in compliance with that change. 

18.2 Furthermore, the Customer shall owe current default interest on the outstanding claim from the date the claim became due and payable. At the end of each year, the amount on which default interest is calculated shall be increased by the interest due over that year. 

INSOLVENCY

Article 19.

In the event of (provisional) suspension of payment or bankruptcy of the Purchaser, or cessation or liquidation of his business, all our agreements with the Purchaser shall be dissolved by operation of law, unless we notify the Purchaser within a reasonable time to suspend performance of (part of) the agreement(s) in question until fulfilment by the Purchaser has been sufficiently secured, all this without prejudice to all other rights vested in us. 

RETENTION OF TITLE / LIEN 

Article 20. 

20.1 Ownership of the goods delivered by Us to the Customer shall not pass to the Customer until the Customer has paid the price owed to Us, any interest and additional costs in full. 

20.2 If, within the scope of the delivery, we have also carried out work to be compensated by the Customer, our retention of title shall continue until the Customer has also paid the relevant compensation in full. 

20.3 Our retention of title shall also apply to all claims which we acquire against the Customer on account of the Customer's failure to fulfil one or more of its obligations under the contract. 

20.4 As long as the title to the delivered goods has not passed to the Customer, the Customer shall not be allowed to dispose of these goods or to grant a third party any right thereto, unless the goods are resold/delivered within the scope of the Customer's normal business operations. 

20.5 If the Customer fails to fulfil its payment obligations towards Us or we have good reason to fear that it will fail to fulfil those obligations, we shall be entitled to take back the goods delivered under retention of title, without prejudice to our further rights vis-à-vis the Customer. 

Article 21. 

In case of non-timely fulfilment of his payment obligations towards us, the Purchaser shall be obliged, in case the goods delivered by us have been redelivered by him to third parties, to pledge to us, at our first request, all his rights resulting from the redelivery towards those third parties as security for all that we still have to claim from the Purchaser. To fulfil this obligation, the Purchaser hereby pledges all his rights against said third parties arising from the resale. As soon as the Purchaser is in default of timely fulfilment of his payment obligations towards us, we shall be entitled to notify said third parties of the present pledge in order to establish the pledge. The Purchaser is obliged to render all necessary cooperation in this matter, in particular by immediately providing, at our first request to that effect, the names and addresses of all third parties to whom he has redelivered the goods delivered by us, as well as all rights he has acquired vis-à-vis those third parties in respect of that redelivery. If, after a demand from us, the Purchaser continues to fail to provide this cooperation, he shall forfeit an immediately due and payable penalty in the amount of twenty-five per cent of our outstanding claim against the Purchaser, as well as an immediately due and payable penalty of five per cent of our outstanding claim for each subsequent day during which the Purchaser's negligence continues, without prejudice to our right to claim additional performance.

TRANSFER

Article 22. 

22.1 Circumstances beyond our will and control of such a nature that performance or further performance of the contract cannot reasonably be required of Us shall be considered as force majeure and shall give Us the right to dissolve the contract or to suspend performance until a time to be determined by Us, without us being obliged to pay any damages. 

22.2 If we use the authority to suspend performance mentioned in Article 22.1, the Customer shall not be entitled to dissolve the contract, unless the Customer can demonstrate that earlier performance is essential to it within its business operations. Dissolution must in that case take place in writing and within five days at the latest after our invocation of suspension. 

22.3 The circumstances referred to in Article 22. 1 in any case include war, threat of war, full or partial mobilisation, blockade, import and export bans, requisitioning of stocks from us or our suppliers by the civil or military government, fire and storm damage, extreme weather conditions, flooding, extreme traffic stagnation or transport delays, a government-imposed transport ban, strikes, boycotts destruction and other stagnations in our company or in our supply companies, as well as such a scarcity whether or not as a result of price increases of the product, that in all reasonableness we cannot be required to deliver - even at a higher price. 

SUBSTITUTION 

Article 23. 

Both with regard to the agreement concluded with the Purchaser and with regard to the execution of that agreement, we are entitled to substitute another person for us. The Customer hereby gives its consent to this substitution. The substitution shall come into effect as soon as we, also on behalf of the person who is substituted for us, have notified the Customer in writing. APPLICABLE LAW Article 24. All our agreements are exclusively governed by Dutch law. 

COMPETENT COURT 

Article 25. 

All disputes which may arise during the execution of or in connection with the agreement concluded with us, shall be brought before the District Court of Maastricht, unless the Subdistrict Court is competent, in which case the dispute shall be brought before the Subdistrict Court of the defendant's place of residence. If the district court has jurisdiction, we may also choose to submit the dispute to the district court of the Customer's domicile or place of business. 

PARTIAL NULLITY/CONVERSION 

Article 26. 

If any provision of these General Terms and Conditions, for whatever reason, is wholly or partly invalid, the contract and these General Terms and Conditions shall otherwise remain in full force, while the parties shall be deemed to have agreed, with regard to the invalid provision, that which legally comes closest to the scope of the invalid provision. 

GOODWILL/NO ESTOPPEL 

Article 27. 

If, out of goodwill or for other reasons of a commercial nature, we do not initially invoke any applicable provision of these General Terms and Conditions vis-à-vis the Customer, we shall not thereby acquire the right to invoke the relevant provision at a later stage and all other applicable provisions of these General Terms and Conditions.