General Terms and Conditions for Retail Partners
Article 1. Applicability of these Conditions
1.1 All sales, sales orders, deliveries and agreements are subject to these General Terms and Conditions (hereinafter: Conditions).
1.2 The Conditions are binding on both parties. When placing an order, the buyer declares to know and accept these Terms.
1.3 It is only possible to deviate from the Conditions in writing. All other unchanged Conditions remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements, also apply to any intermediaries and other third parties used.
1.5 Nic&Mic is entitled to amend the content of these Terms and Conditions. Amendments will be announced in writing and will come into force fourteen (14) days after their announcement, or on any other date specified in the announcement.
Article 2. Offers/Agreements
2.1 All offers made by Nic&Mic are without obligation. Nic&Mic expressly reserves the right to change prices, in particular if this is necessary under (legal) regulations.
2.2 A contract is only concluded after acceptance of the order by Nic&Mic. Nic&Mic is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise.
If an order is not accepted, Nic&Mic will communicate this within ten (10) working days after receipt of the order without giving reasons.
2.3 All sales orders are final upon signature. For cancellations within 24h after order, we do not charge a cancellation fee. For cancellations after 24 hours of ordering, an amount equal to 100% of the total written order will be charged.
2.4 The minimum order amount is € 150,00 ex VAT and for a re-order € 100,00 ex VAT.
Article 3. Prices and payments
3.1 All prices stated are in euros, exclusive of VAT and exclusive of shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment can be made in one of the ways as indicated during the ordering process. Further payment terms may be attached to an order.
Nic&Mic may require an advance payment if:
- Creditworthiness is insufficient.
- Payment for previous orders has not taken place as agreed.
3.3 Payment is to be made without discount or compensation within fourteen (14) days of the Invoice Date.
3.4 If the payment term is exceeded, the Buyer will be in default from the day payment should have been made and will owe default interest of 1% per month or part of a month on the outstanding amount from that day.
If payment is made after reminder by Nic&Mic, the purchaser owes an amount of € 25.00 for administration costs and if Nic&Mic outsources its claim for collection, the purchaser also owes the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Nic&Mic's authority to claim the actual extrajudicial collection costs instead.
3.5 If the purchaser fails to make any payment, Nic&Mic is entitled to suspend or rescind (the execution of) the relevant contract and any related contracts.
3.6 If the prices for the offered products and services increase in the period between the order and its implementation, the buyer is entitled to cancel the order or terminate the contract within ten (10) days after notification of the price increase by Nic&Mic.
Article 4. Delivery
4.1 Delivery times stated by Nic&Mic are indicative only. Exceeding any delivery period does not entitle the purchaser to compensation or the right to cancel the order or to dissolve the contract.
4.2 Delivery of the products takes place at the place and time at which the products are ready for shipment to the purchaser.
4.3 The standard shipping and handling costs are € 14.95 and are at the expense of the buyer, regardless of the size of the order. These costs apply to orders within the Netherlands, to Belgium and Luxembourg.
For orders shipped abroad: The country of destination (outside the EU) may levy additional tax.
4.4 The order may be shipped in partial deliveries. The buyer will be informed of this during the delivery process. The additional costs involved will be covered by Nic&Mic.
4.5 In no case of late or incorrect delivery can Buyer claim compensation unless it is the result of intent or gross negligence on the part of the Seller.
4.6 If the wrong delivery address is given, the wrong delivery option is chosen, or the buyer is not present when the parcel service delivers, and additional costs apply as a result, Nic&Mic will charge them to the buyer.
Article 5. Retention of title
5.1 The delivered goods remain the property of Nic&Mic until payment of all invoices, including those not yet due, has been made. The risk in respect of the goods passes to the purchaser at the time of delivery.
As long as the seller still has something to claim, he is entitled to take back the goods and the buyer is not entitled to transfer goods from the seller in any form whatsoever (as security) to third parties or to give them in consignment to third parties. For goods taken back pursuant to this article, the Buyer will be credited for the market value of those goods on the day they are taken back.
Article 6. Intellectual and Industrial Property Rights
6.1 The buyer must fully and unconditionally respect all intellectual and industrial property rights vested in the products delivered by Nic&Mic.
6.2 Nic&Mic does not warrant that the products delivered to the buyer do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Returns/Complaints/Warranty
7.1 The Buyer is required to inspect the products upon delivery to determine whether they comply with the contract. If this is not the case, the Buyer should inform Nic&Mic as soon as possible and in any event within seven (7) working days after delivery.
7.2 If it is demonstrated (by means of photographic evidence) that the products do not comply with the contract, Nic&Mic has the choice of replacing the products in question with new products or refunding the invoice value. Minor deviations in quality, color, size, weight, finish, design, etc. considered permissible in commerce or technically unavoidable do not constitute a basis for complaints.
7.3 Return shipments will only be accepted if the packaging, the label and the product are in their original condition, whereby it also applies that the costs and responsibility for return shipments are borne by the buyer. Also, the standard shipping and handling costs (as mentioned in 4.3) are not refundable.
7.4 Complaints can only be made valid if they are submitted to the vendor in writing and clearly described within one (1) week after receipt of the goods and provided that the goods are still in the condition in which they were delivered.
Article 8. Orders/ Communication
8.1 Nic&Mic is not liable for any misunderstanding, mutilation, delay or improper transmission of orders and communications due to the use of the Internet or any other means of communication in the traffic between the buyer and Nic&Mic, or between Nic&Mic and third parties, as it relates to the relationship between the buyer and Nic&Mic, unless and to the extent that there is intent or gross negligence on the part of Nic&Mic.
Article 9. Force majeure
9.1 Without prejudice to its other rights, Nic&Mic, in the event of force majeure, is entitled, at its option, to suspend the execution of the order or to terminate the contract without judicial intervention, by notifying the buyer of this in writing and without Nic&Mic being liable for any compensation, unless in the circumstances this would be unacceptable according to the standards of reasonableness and fairness.
9.2 Force majeure is defined as any shortcoming that cannot be attributed to Nic&Mic because it is not due to its fault and is not for its account under the law, legal act or generally accepted practice.
Article 10. Sundries
10.1 If the purchaser provides an address to Nic&Mic in writing, Nic&Mic is entitled to send all orders to that address, unless the purchaser provides a different address in writing to Nic&Mic to which orders should be sent.
10.2 If one (1) or more of the provisions of these Terms and Conditions or any other agreement with Nic&Mic is in conflict with any applicable legal requirement, the relevant provision will lapse and will be replaced by a new legally permissible similar provision to be determined by Nic&Mic.
10.3 Nic&Mic is entitled to make use of third parties in the execution of order(s).
10.4 The buyer is not permitted to (re)sell articles of Nic&Mic through any channel other than its own store and / or webshop. Nor is it permitted to sell or resell articles from Nic&Mic to parties other than the consumer/end user.
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, are exclusively governed by Dutch law.
11.2 All disputes between parties shall be submitted exclusively to the competent court in the Netherlands.
These General Terms and Conditions were last updated and came into force on 01-02-2022.