TERMS AND CONDITIONS

READ OUR TERMS AND CONDITIONS HERE

Definitions
1. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance, in this case Mammoet old building materials BV;
2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into an agreement with the entrepreneur;
3. Remote Agreement: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Reflection time: the period within which the consumer can exercise his right of withdrawal;
6. Right of Withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that permits future consultation and unaltered reproduction of the stored information.
Identity of the entrepreneur
1. Mammoth old building materials BV
  Lavender Street 6, 16
  2563 PS The Hague
  070 3644538
  Info@mammoetoudebouwmaterialen.nl
Applicability
1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the trader's premises and that, at the consumer's request, they will be sent to the consumer free of charge as soon as possible. For contracts concluded in the Entrepreneur's store, the General Terms and Conditions will be visible in the store and will be handed over upon purchase.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any costs of delivery; the way in which the agreement will be concluded and what actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery or performance of the agreement; the period for acceptance of the offer, or the period for adhering to the price.
The agreement
1. The agreement is established after the consumer has expressly accepted the offer. The consumer can accept the offer via email, website, by phone or in person.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. The trader will, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier: the visiting address of the trader's office where the consumer can go with complaints; the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal; the information about guarantees and existing after-sales service; the price including all taxes of the product, service or digital content where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Right of Withdrawal
1. The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
  1. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
  2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
  3. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
Consumer obligations during the cooling-off period
1. During the reflection period, the consumer will handle the product with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of an email of withdrawal 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 returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has met the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer will return the product with all delivered accessories, 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 cost of returning the product. If the trader has not notified the consumer that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer does not have to bear the costs of return shipment.
Obligations of the entrepreneur in the event of withdrawal
1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments made by 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 pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Exclusion of right of withdrawal
1. The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:
2. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period
3. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
4. Service agreements, after full performance of the service, but only if:
  1. the performance has begun with the express prior consent of the consumer; and
  2. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
5. Products manufactured according to consumer specifications, which are not prefabricated or customized and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
The prize
1. During the validity period 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. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. The prices mentioned in the offer of products or services include VAT.
Compliance with contract and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. The products are sold in the condition in which the products are at the time of sale, unless the parties have agreed that the entrepreneur will perform restoration work on the products prior to delivery.
3. There is no warranty on used materials unless expressly agreed otherwise with consumer.
4. In case of functional defect, a product can be exchanged for an equivalent product within 7 calendar days.
5. Scratches and damages are not a reason to return the product.
6. If after the conclusion of the agreement the customer wishes to change the specifications on the basis of which the product will be restored, the customer must inform Mammoet oude bouwmaterialen bv as soon as possible. Mammoet oude bouwmaterialen bv will then let the client know whether it is possible to make the changes and what the possible additional costs will be.
7. If the changes cannot be made or the customer does not agree to the additional costs, the product will be restored to the originally agreed upon specifications.
8. If the agreement concluded with the consent of Mammoet Oude Bouwmaterialen is cancelled in whole or in part, the other party is nevertheless obliged to reimburse Mammoet Oude Bouwmaterialen for all costs reasonably incurred with a view to executing the agreement, all without prejudice to Mammoet Oude Bouwmaterialen's right to compensation on account of loss of profit, as well as the other losses arising from the cancellation. These costs amount to at least 30% of the agreed price with a minimum of €230.
Delivery and execution
1. At the request of the customer, the products can be delivered in The Hague and surrounding areas by Mammoet old building materials. If Mammoet old building materials charges transport costs to the customer, the customer will be informed in advance.
2. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
3. The place of delivery is the address that the consumer has made known to the entrepreneur.
4. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
7. The consumer may place a reservation on a particular product. In such a case, the consumer must make a down payment of at least 15% of the purchase price. The consumer will receive a written or electronic proof of their deposit that describes the product to which the reservation relates and includes the term of the reservation.
8. During the term of the reservation, the entrepreneur does not sell the product to another person.
9. If the consumer does not purchase the product within the term of the reservation, the deposit will not be refunded.
10. If the consumer purchases the product within the term of the reservation, the deposit already paid will be deducted from the price of the product.
11. Consumers may pick up products themselves in the store. It is possible for the entrepreneur in the region to deliver the product. If there is no availability for delivery or the delivery must take place outside the delivery area then the consumer can choose an external carrier against payment. Transport by an external carrier is entirely at the expense and risk of the consumer.
12. In case of transportation by an external carrier, the conditions of the carrier apply. The entrepreneur does not accept any liability regarding the transport or any damage caused by the transport.
Payment
1. Payments must always be made before delivery of the goods, unless otherwise agreed.
2. Reservation of products is possible for the duration of 7 working days or longer by agreement, by making a down payment of at least 15% of the purchase amount. This amount remains the property of the entrepreneur at all times, even if consumer decides not to purchase the goods.
3. If the consumer does not take the purchased products if restoration work on the products still needs to be performed by the entrepreneur, the consumer will have to pay 50%.
4. Payment can be made in cash, by pin or by transferring the invoice amount to the entrepreneur's bank account.
5. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
6. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Complaint Resolution
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Liability
1. The entrepreneur cannot be held to compensate any damage, which is a direct or indirect result of:
  - ana. event, which is in fact beyond his control and thus cannot be attributed to his acts and/or omissions
  - anyb. act or omission of the consumer, his subordinates, or other persons employed by or on behalf of the consumer such as external carriers.
2. The entrepreneur is not liable for any damage whatsoever due to improper or incompetent use of the delivered product.
3. The entrepreneur is not liable for damages if the consumer or third parties have made changes to the product.
4. In no case is the entrepreneur liable for damage, which has occurred or caused because the delivered product has been used for a purpose other than that for which it is intended.
5. The entrepreneur shall not be liable for any mutilation or loss of data resulting from transmission of the data using telecommunication facilities.
Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of contracts relating to products and services to be supplied or delivered by this entrepreneur, may, subject to the following provisions, be submitted by both the consumer and the entrepreneur to the Foundation for Disputes Committees for Consumer Affairs (SGC).
Additional or different provisions
1. The consumer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and / or relating to the Internet site belong to entrepreneur, its suppliers or other claimants.
2. Operator will only process consumer data in accordance with its privacy policy. In doing so, Entrepreneur will observe the applicable privacy laws and regulations.
3. Additional provisions or provisions deviating from these general 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.
4. Dutch law applies to every agreement between the entrepreneur and the Consumer.