Article 1. Definitions
- General terms and conditions: the present “General terms and conditions MKBMshop.com & MKBM Publishing”;
- MKBM: MKBMshop.com or MKBM Publishing, the users of these general terms and conditions, part of MYkillerbodymotivation B.V., located at Purmerland 95, 1451MJ in Purmerland, registered in the Trade Register under Chamber of Commerce number 63088924.
- Other party: any natural or legal person with whom MKBM has concluded or intends to conclude an agreement.
- Consumer: a counterparty as referred to in the previous paragraph, natural person, not acting in the course of a profession or business.
- Agreement: every agreement concluded between MKBM and the other party with which MKBM has committed itself towards the other party to the sale and delivery of products, the provision of services and / or the licensing of digital teaching materials.
- License: an agreement as referred to in the previous paragraph that provides for the temporary licensing by MKBM to the other party of digital teaching materials.
- Website: mkbmshop.com or www.sexsafe.nl or www.skyanddex.nl or and all other domain names that are reflected.
- Products: all goods to be sold and to be delivered by the MKBM to the other party in the context of the agreement, which may include, but are not limited to, books, cellulite cups, menstrual cups, books, food prep containers, sports equipment, supplements and clothing. .
- Services: the services to be provided by MKBM in the context of the agreement, which may include, but are not limited to, the production of books on behalf of the other party and the sale thereof to the other party or third parties.
- Digital content: data produced, sold and supplied in digital form or licensed, such as electronic books (e-book / e-book) and digital teaching materials.
- In writing: communication in writing, communication by e-mail, WhatsApp or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
Article 2. General Provisions
- The provisions in these general terms and conditions can only be deviated from explicitly and in writing. If and insofar as what parties have expressly agreed in writing deviates from the provisions of these general terms and conditions, what parties have expressly agreed in writing applies.
- Destruction or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other stipulations. Where appropriate, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and purport of the original provision will be taken into account as much as possible.
Article 3. Offer and conclusion of the agreement
- The other party cannot derive any rights from an offer by MKBM that contains an obvious error or mistake.
- Each agreement is concluded, without prejudice to the provisions of paragraph 1, paragraph 4 and article 17.1, by offer and acceptance. If the other party's acceptance deviates from MKBM's offer, the agreement will not be concluded in accordance with this deviating acceptance, unless MKBM indicates otherwise.
- In the case of product orders and the delivery of digital content through the ordering process on the website, the agreement is concluded when the order has been confirmed by MKBM by e-mail to the other party.
Article 4. Right of dissolution for consumers with webshop orders
- Subject to the provisions of the remainder of this article, the consumer can dissolve the agreement in whole or in part, up to 14 days after the products have been received by or on behalf of him, without giving reasons.
- The consumer has no right of dissolution on the delivery of cellulite cups, vibrators, cone balls, menstrual cups and supplements, of which products the seal or direct packaging has been broken after delivery. This also applies to other products, such as clothing, that are reasonably unsuitable for return for reasons of health protection or hygiene, after breaking the seal or packaging.
- The consumer has no right of dissolution for digital content that is not supplied on a tangible medium, insofar as the performance has begun with the express prior consent of the consumer and the consumer has declared that he thereby waives his right of dissolution.
- The consumer who makes use of the right of dissolution can dissolve the agreement by submitting a request to MKBM by e-mail or by using the model withdrawal form offered by MKBM. As soon as possible after MKBM has been notified of the consumer's intention to dissolve the agreement and if the conditions of this article are met, MKBM will confirm the termination of the agreement by email.
- During the period referred to in paragraph 2, the products to be returned and their packaging must be handled with care. The consumer may only handle and inspect those products to the extent necessary to assess the nature and characteristics of the products. The basic principle here is that the products may only be handled and inspected as they should in a physical store.
- If the consumer exercises the right of dissolution, he will return the products to MKBM undamaged, with all accessories supplied and in the original condition and packaging.
- The consumer is liable for depreciation of the products that is the result of a way of handling the products that goes further than is permitted under paragraph 6. MKBM is entitled to charge this depreciation to the consumer, whether or not by this deduction of value against payments already received from the consumer.
- Return of the relevant products must take place within 14 days after the consumer has invoked the right of dissolution in accordance with paragraph 5.
- If the consumer makes use of the right of dissolution, the costs of returning the products will be at his expense.
- MKBM will refund the payments received from the consumer, without prejudice to the provisions of the following paragraph and minus any impairment, as soon as possible, but no later than 14 days after the dissolution, provided that the products have been received back by MKBM, or by the consumer has been shown that the products have actually been returned. If the right of dissolution is only applied to a part of the order, any delivery costs paid by the consumer in the first instance will not be eligible for a refund. Furthermore, MKBM is not obliged to reimburse the additional costs if the consumer has expressly opted for a method of standard delivery other than the least expensive method offered by MKBM.
- If the consumer wants to return the product 'Killerbody 3: Back in Shape' within the return period, but has taken advantage of the pre-sale promotion (free ebook 'The Cellulite Guide'), the normal sales price of The Cellulite Guide deducted from the amount that the consumer receives back.
Article 5. Delivery of products
- MKBM reserves the right to deliver orders in parts. In that case, the possible reflection period of the consumer in connection with the right of dissolution will only commence when the last partial delivery from the order has been received by or on behalf of the consumer.
- The risk of loss and damage to the products passes to the other party when the products are received by or on behalf of it.
- If the agreed delivery period is exceeded, the other party is never entitled to refuse to take delivery of the products to be delivered and to fulfill the other obligations under the agreement.
- If MKBM incurs additional costs as a result of a circumstance attributable to the other party, for example in connection with multiple delivery attempts, these costs will be charged to the other party additionally.
Article 6. Special provisions for licenses on digital teaching materials
- The license costs as stated by MKBM are exclusive of VAT, unless explicitly stated otherwise.
- The license is entered into for the duration of 12 months, starting on the day of the creation of the license in accordance with Article 3.3. The digital content is made available for download to the other party via the website, provided that the other party has fully paid the agreed payment (for the first contract year).
- The license ends by the expiry of the determined term as referred to in the previous paragraph by operation of law, unless the other party has granted an authorization for direct debit when entering into the license, whereby the license is eligible for tacit renewal.
- A license that is eligible for tacit renewal is always tacitly renewed for another 12 months, unless the license has been canceled in time in accordance with the following. A license as referred to above ends by cancellation with due observance of a notice period of one month, but no sooner than the current license period has expired. Cancellation by the other party must be made by e-mail (firstname.lastname@example.org). If no timely cancellation occurs, the license ends on the next possible end date.
- If the other party does not (timely) fulfill its (payment) obligations arising from the license, MKBM reserves the rights as referred to in Article 11 and is entitled to cease making the digital content available to the other party with immediate effect.
- The license covers a single location of the school. If the other party wishes to use the digital content for multiple locations, a license must be concluded for each location.
- The other party is jointly and severally liable towards MKBM for the fulfillment of the obligations of users of the digital content at the location of the other party, to whom the other party leaves the use of the digital content and which obligations from the license, of which the provisions in these general terms and conditions terms and conditions thus also form part, arise as if it were the other party itself who acted as user of the digital content.
- During the term of the license, MKBM offers the other party and the users referred to in the previous paragraph a limited, non-exclusive, non-transferable and non-sublicensable right of use with regard to the digital content, but only if and insofar as this right of use is in accordance the provisions of these general terms and conditions belong to the other party or intended users.
- Use of the digital content is only permitted in accordance with the purposes for which the digital content was developed and intended, namely for educational purposes for the benefit of pupils at the other party's location.
- Every person at the location of the other party to whom the other party leaves the use of the digital content is obliged to keep the login details for access to the digital content on the website secret and may not give unauthorized third parties access to the relevant account. All actions performed on the account of the other party are attributed to the other party. The other party must inform MKBM if it is suspected that the login details of the other party have become known to unauthorized persons. In such cases, MKBM is entitled to take effective measures at its own discretion.
- The other party is responsible for the way in which the digital content is used within its school. MKBM does not accept any liability for the way in which the other party uses the digital content.
- The other party is not entitled to personal support by MKBM when using the digital content. It is believed that the instructions on the website are sufficient to use the digital content. Questions and / or complaints from the other party in connection with the use of the digital content, however, the other party can send an e-mail (email@example.com) to MKBM.
Article 7. Implementation and delivery times
- Agreed execution and / or delivery periods do not commence until after MKBM has received all information required for the execution or delivery from the other party.
Article 8. Complaints
- Complaints regarding the amount of invoice amounts must be submitted to MKBM in writing within seven days of the invoice date, failing which the other party's right to object to this has lapsed.
- With regard to the delivery by MKBM of products to the other party, the other party must at the time of delivery, at least immediately afterwards, examine whether the nature and quantity of the products comply with the agreement. If, in the opinion of the other party, the nature and / or quantity of the products does not comply with the agreement, it must immediately notify MKBM thereof.
- Complaints with regard to defects that are reasonably invisible or otherwise unknowable at the time of the delivery of the products must be lodged within three days after the other party has become aware of the defect, or at least could reasonably have become aware thereof, to have been submitted to MKBM in writing, stating the grounds on which the complaint relates.
- Notwithstanding the provisions of the previous paragraphs of this article, a consumer can no longer rely on the fact that what has been delivered in the context of a consumer purchase does not comply with the agreement, if not within two months after discovery of the defect by the consumer has complained about this to MKBM.
- If the other party does not complain in time and in accordance with the provisions of the previous paragraphs, no obligation arises for MKBM from such a complaint from the other party.
- Even if the other party complains in time, its obligation to timely payment to MKBM continues to exist, except insofar as the law imperatively precludes the benefit of the consumer.
Article 9. Warranty and conformity for product sales
- Without prejudice to any warranty conditions expressly stipulated in writing, the applicable warranty (including a claim based on non-conformity) will in any case lapse if a defect in the delivered product is the result of an external cause or for the others cannot be attributed to MKBM or its supplier. This does not include, but is not limited to, defects after delivery as a result of damage, natural wear and tear, damage due to damage, incorrect or improper treatment, incorrect or injudicious use, use contrary to the instructions for use or other instructions from or because of MKBM, professional and regular maintenance and maintenance of changes to the delivered goods, including repairs that have not been carried out with MKBM's prior written consent.
- The other party can only invoke the provisions of the previous paragraphs if the other party has fulfilled all its payment obligations arising from the agreement.
- Subject to the provisions of Article 4, products can never be returned without prior written permission from MKBM.
Article 10. Force majeure
- If the force majeure situation makes the fulfillment of the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
- If MKBM has already partially fulfilled its obligations upon the occurrence of the force majeure situation, or can only partially fulfill its obligations, it is entitled to invoice the already executed part or executable part of the agreement separately as if it were a self-employed person. agreement.
- Damage as a result of force majeure, without prejudice to the application of the previous paragraph, is never eligible for compensation.
Article 11. Suspension and dissolution
- If the other party liquidates or transfers its business to a third party, is in bankruptcy, has applied for a (provisional) suspension of payments, if any goods have been seized, as well as if the other party is otherwise unable to dispose of its assets freely , MKBM is entitled to terminate the agreement with immediate effect and without judicial intervention.
- The other party never claims any form of compensation in connection with the suspension or termination right exercised by MKBM.
- The other party is obliged to compensate the damage that MKBM suffers as a result of the suspension or dissolution of the agreement.
- If MKBM dissolves the agreement, all claims that MKBM has against the other party are immediately due and payable.
Article 12. Prices & Payments
- All books to be sold by MKBM (including e-books) are excluded from discounts and promotions, unless expressly agreed otherwise in writing.
- Payment must be made to one of the payment methods designated by MKBM. MKBM offers in its webshop the possibility to pay afterwards with Klarna. Klarna may test the creditworthiness of the betting party.
- MKBM is entitled to make the invoices to be provided to the other party available to it by e-mail only.
- If advance payment has been agreed, MKBM is not obliged to execute the agreement until the other party has paid the amounts owed to MKBM under the agreement.
- If timely payment is not made, the other party's default commences by operation of law. From the day that the other party's default commences, the other party owes the then applicable statutory (commercial) interest on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the other party, will be borne by the other party.
Article 13. Liability and indemnification
- The use of the products must be carried out in strict accordance with the instructions for use that may be supplied. It is the responsibility of the other party or end user to investigate whether the products are suitable for the intended use by the other party or end user. MKBM is never liable for damage caused as a result of the use of the products in violation of any user instructions supplied.
- MKBM is never liable for indirect damage, including loss, loss of profit and damage as a result of business interruption. Without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 4, MKBM is only liable to the other party for direct damage that the other party suffers as a result of an attributable shortcoming by MKBM in the fulfillment of its obligations. from the agreement. Culpable shortcoming is understood to mean a shortcoming that a good and carefully acting colleague can and should avoid, all this with due observance of normal attention and the professional knowledge and resources required for the execution of the agreement. Direct damage exclusively means:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that is eligible for compensation within the meaning of these general terms and conditions;
- any reasonable costs incurred to have the poor performance of MKBM comply with the agreement, insofar as these can be attributed to MKBM;
- reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to limitation of direct damage within the meaning of these general terms and conditions.
- MKBM's liability is limited to at most repair of the services, or repair or replacement of the delivery to which the liability of MKBM relates. If repair or replacement is not possible, the liability of MKBM is limited to at most the invoice value of the agreement, at least that part of the agreement to which the liability of MKBM relates and on the understanding that the liability of MKBM will never exceed the amount actually paid out in the relevant case, on the basis of the liability insurance taken out by MKBM, plus any deductible excess of MKBM that applies under that insurance.
- In the context of a consumer purchase, the limitations of this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
- The other party indemnifies MKBM against any claims from third parties that suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than MKBM.
- The liability limitations as stated in these general terms and conditions do not apply if and insofar as the damage is caused by intent or deliberate recklessness of MKBM.
Article 14. Retention of title
- The other party is prohibited from selling, pledging or encumbering in any other way the products subject to retention of title.
- If third parties seize the products subject to retention of title, or wish to establish or assert rights thereon, the other party is obliged to inform MKBM of this as soon as possible.
- The other party gives unconditional permission to MKBM and any third parties designated by MKBM to enter all those places where the products on which the retention of title rests are located. In the event of default by the other party, MKBM is entitled to take back the products referred to here. All reasonable costs associated with this are for the account of the other party.
Article 15. General complaints policy
- Complaints submitted to MKBM will be answered within a period of 14 days after receipt. If a complaint requires a longer processing time, a reply will be received within the period of 14 days and an indication of when the other party can expect a more detailed answer.
- If a complaint, in the context of a consumer purchase that has been made directly through the ordering process on the website, cannot be resolved by mutual agreement, the consumer can submit the dispute to the disputes committee via the ODR platform (europa.eu / consumers / odr /).
Article 16. Intellectual property
- A violation attributable to the other party, which entitles the SME to claim immediate remediation of the infringement, as well as compensation to be determined further on the basis of the nature and extent of the infringement.
Brand name and portrait right
- If a company or organization proceeds to publish images of or with Fajah Lourens without prior written permission from the following entitled party, the company / organization agrees that the company / organization may receive an invoice for the period that it makes use of the portrait right of Fajah Lourens.
- Fajah Hanna Nicole Lourens is the owner of the brand name "MKBM" registered in the Benelux under brand number 1016565 and reserves the exclusive right to sell its products and / or services under this brand name. If a company or organization has not obtained a license from Mykillerbodymotivation B.V., but does use the brand name, Mykillerbodymotivation B.V. the relevant company / organization daily € 3,000 ex. charge VAT until the company / organization concerned stops the unlawful sale (of products) under the brand name "MKBM".
Article 17. Special provisions of MKBM Publishing
- Who is the author of the books;
- Whether the books are sold by MKBM or are sold and delivered by MKBM to the other party;
- If the books are sold and delivered by MKBM to the other party, for which purposes the other party is entitled to use the books;
- The amount of the royalties to which the other party claims if the books are sold by MKBM to third parties or the amount of the royalties and / or the purchase price of the books that MKBM claims against the other party if the books are sold by the other party.
- If the books are sold by MKBM, MKBM is entitled to sell the books at its own discretion and through the channels to be determined by it, without prejudice to the provisions of the contract, if any. Within the limits of the reasonable and what has been expressly agreed in writing between the parties, MKBM will in that case make every effort to optimize the sale of the books as much as possible.
- MKBM or a third party that is considered to be the maker of the books (copyright or otherwise, such as in terms of layout and design) reserves all rights and powers of intellectual property that accrue to it by law, such as the Copyright Act. Ownership of books and / or parts thereof manufactured by or on behalf of MKBM remains with the maker. These goods may only be used by the other party (including any sale) for the purposes of use intended by the parties when entering into the contract in question and, in the context of these purposes, thus not be multiplied, reproduced, processed or passed on to third parties. , without the prior written permission of MKBM or the third party entitled. The other party is not allowed to use parts of books as part of another production.
- If the books are delivered by MKBM to the other party, and for as long as the other party continues to fully fulfill its obligations arising from the aforementioned contract, it will obtain an exclusive license to use the books, but only for the duration and purposes as in the provided contract. If, for example, it has been expressly agreed in writing that the books are exclusively intended for employees of the other party, the books may not be offered for sale.
- A breach attributable to the other party, in accordance with the previous paragraphs, gives MKBM the right to claim immediate rectification of the breach, as well as compensation to be determined further on the basis of the nature and extent of the breach. The penalty clause as referred to in Article 16.4 applies mutatis mutandis.
- The aforementioned contract does not provide for promotion of the books to be delivered to the other party in combination with the portrait right as referred to in Article 16.3. In the event that the other party uses portrait rights, the parties must enter into a separate contract for this purpose, which provides for the use of the portrait right. In the event of such a contract, the previous paragraphs of this article apply mutatis mutandis to the use of the portrait right.
- With regard to agreed royalties, each of the parties has the right against each other, after timely notification and during regular office hours, to have insight obtained by itself or by an accredited accountant appointed on the instructions of the other party regarding the calculations made by the other party. that party achieved turnover with regard to the relevant books. Any inspection by an accredited accountant is for the account of the party requesting the inspection, unless it can be seen from the inspection that there was an underpayment to the other party, in which case the party that underpaid the audit costs and also the difference in underpayment will reimburse the other party. The parties guarantee strict confidentiality with regard to the information viewed by or on behalf of them and will limit themselves during the investigation to only those parts of the administration that relate to the relevant turnover figures.
- The books delivered on consignment will be delivered to you free of charge. After 24 weeks you will receive an invoice for the copies sold. The invoice must be paid within 14 days of the invoice date. You can return the books delivered on consignment that are not sold to Montapacking Waspik B.V., Hooiweg 11, 5165 NL in Waspik, within 24 weeks. The costs for a return are for the customer.
Article 18. Retailers
Article 19. Newsletter
- All books (including e-books) are always excluded from a discount in the MKBM webshop, unless expressly agreed otherwise in writing.
Article 20. Final provisions
- Parties will only appeal to the courts after they have made an optimal effort to settle the dispute by mutual agreement.
- Insofar as the law does not compulsorily deviate from this in the given circumstances, only the competent court within the district of MKBM's place of business is appointed to take cognizance of any legal disputes between the parties.
- The Dutch version of these general terms and conditions is always decisive for the explanation of the clauses contained therein.