GENERAL CONDITIONS OF SALE AND SERVICES OF MENDED B2C

Mended B.V. 

having it's registered office at

Kanaalweg 84A, 3533 HG in Utrecht, the Netherlands.

• Chamber of Commerce: 91011744 
• VAT-number:  NL865526230B01
• General e-mail address: info@mended.eu
• Website: https://www.mended.eu

Article 1 - Definitions

In these general conditions of sale the following definitions apply:

Mended: Mended B.V. and/or its affiliated companies;

Customer: any party to which Mended supplies goods and/or for which it performs or has agreed to perform services, and any party that has given Mended an instruction of another nature;

Agreement: all agreements between Mended and the Customer relating to the purchase of goods and/or services by the Customer from Mended, and any other instruction given by the Customer to Mended, as well as any act legal or otherwise related to the foregoing;

Take Back: the service of Mended related to the sale of secondhand goods by the Customer to Mended;

Resale: the sale of secondhand goods by Mended to the Customer;

Clothing Repair and Alteration Service: the service of Mended related to the repair and alteration of goods;

Brand: any clothing brand that is affiliated with Mended for the Take Back and Resale service and Clothing Repair and Alteration Service.

Article 2 - Applicability 

1. These general conditions of sale shall apply to all offers and quotations of Mended and to the Agreement.
2. Mended is entitled to amend these general conditions of sale and shall inform the Customer thereof in writing. In such case, the Customer is entitled to terminate the agreement.
3. Any general conditions of the Customer are expressly excluded from applicability.
4. If the substance of the Agreement deviates from the substance of these general conditions of sale, the substance of the Agreement shall prevail.

Article 3 - Offer; formation and confirmation of the Agreement 

1. Quotations and price offers will always be without obligation and may be subject to cancellation or modification at any time.
2. The Customer can conclude an Agreement with Mended through its website mended.eu and affiliated websites.
3. An Agreement between Mended and the Customer is considered to be concluded if Mended has expressly accepted an order or instruction from the Customer in writing or has begun fulfilling that order or instruction.
4. The Customer shall receive a confirmation of the Agreement, if the Customer has registered an e-mail.

Article 4 - Prices and payment

• Agreed prices are inclusive of VAT and other governmental levies. Mended reserves the right to change its prices periodically. If Mended raises the agreed price within three months after the date on which the Agreement was concluded, the Customer has the right to terminate (ontbinden) the Agreement.
• The Customer may pay for the Agreement in the through the e-commerce payment system iDeal.
• All invoices of Mended shall be paid within fourteen (14) days of the invoice date. In the event of late payment, the Customer will be in default by operation of law and will be required to pay statutory interest (within the meaning of Article 6:119(a) of the Dutch Civil Code) with effect as from the invoice date.
• The Customer shall pay all judicial and extrajudicial costs that Mended may incur due to the fact that the Customer fails to fulfil its obligations properly and on time.
• The Customer has no right of suspension of any of its payment obligations.

Article 5 - Obligations of the Customer

1. The Customer has a duty to cooperate with Mended and to ensure the timely supply of any information, which is or may be necessary for the execution of the Agreement.
2. The Customer is responsible for ensuring that any information supplied is accurate, complete and reliable (also if this is information has been provided by or through another party). Mended may at all times legitimately rely on the information provided by the Customer.

Article 6 – Take Back

1. Mended shall obtain title of a good after the Agreement has been concluded between Mended and the Customer for the Take Back of goods.
2. The Customer warrants that they are the owner of the good. The Customer warrants having the right to sell and transfer ownership of the good. The Customer also guarantees that no declaration of theft or loss has been made regarding the good and that the Customer is not aware of any reason to reasonably assume that the good offered is or has been the object of a criminal offense. The Customer indemnifies Mended for claims by third parties with respect to the good.
3. Mended shall evaluate the good sent by the Customer to determine its value. The good shall be evaluated and on the basis thereof categorized as one of three conditions: being "like new condition", "perfect condition" and "good condition". Each condition shall have its own pricing.
4. After Mended has determined the value of the good, the Customer shall be paid by Mended in the form of a voucher equal to the value of the good.
5. If the good does not hold any value, it will be returned to the Customer. The Customer shall cover the shipping costs to return the good. If the Customer does not wish for the good to be returned, Mended will donate or recycle the good. 

Article 7 – Returns en refunds relating to Take Back and Resale

1. The Customer can cancel the good under the Agreement from the date the Agreement is concluded until the Customer sends or procures a third party to send the good to Mended in relation to Take Back.
2. The Customer can return the good under the Agreement from the date the Agreement is concluded until fourteen (14) days after receiving the goods ordered in relation to The Customer shall register the return of any good through Mended's website mended.eu before returning the relevant good.
3. Mended will refund the Customer the Agreement value. Standard shipping costs and return costs will not be refunded. The refund will be made to the same payment method the Customer used to conclude the Agreement, as soon as possible and at the latest within 14 days of Mended receiving the returned goods or the Customer providing evidence of having properly returned the goods.
4. Mended will give the Customer a full refund for any returned goods provided that it is returned in the same condition as it was in upon the Costumer's receipt. If a good in any way has been damaged, soiled, washed, altered or worn (other than to try the good on) or the value of the good has been reduced, Mended has the right to make a deduction on the Customer's refund with an amount corresponding to the diminished value of the good. If the Customer has (partially) purchased a good with a discount code, Mended will (partially) refund the Customer for the relevant good with a corresponding discount code instead of a refund payment.

Article 8 – Cancellation and refunds relating to Clothing Repair and Alteration Service

1. The Customer can cancel the Agreement from the date the Agreement is concluded until the Customer sends or procures a third party to send the good to Mended. The Customer cannot cancel the Agreement after the good has been picked up by the third party.
2. Mended will refund the Customer the Agreement value if the Agreement was cancelled before the Customer sends or procures a third party to send the good to Mended. If the Customer has (partially) paid for the Clothing Repair and Alteration service with a discount code, Mended will (partially) refund the Customer with a corresponding discount code instead of a refund payment. 

Article 9 - Delivery of goods; performance of services

1. Mended may make partial deliveries and issue partial invoices in connection with them.
2. Delivery and pick up terms and times quoted or agreed shall not be considered to be a final deadline.
3. If the Clothing Repair and Alteration Service takes longer than specified, the Customer will be notified by Mended.
4. Mended undertakes to execute the Agreement to the best of its ability, with due observance of the Customer's legitimate interests, but shall not guarantee the achievement of any result that is envisaged.
5. If, for any reason whatsoever, the Customer fails to accept delivery or timely delivery of goods offered for delivery in accordance with the Agreement, all costs incurred in vain by Mended in connection with the offer and any additional costs of transport, custody and storage will be for the Customer's account. The risk will also pass at the time at which Mended offers the goods for delivery in accordance with the Agreement and the Customer fails to accept delivery for any reason whatsoever.

Article 10 - Retention of title in Resale

In relation to Resale, Mended shall retain title to all goods that it delivers until the Customer has fully paid all amounts that the Customer is required to pay to Mended by virtue of the Agreement and/or other agreements, including any interest and expenses.

Article 11 - Complaints; expiry period

1. The Customer shall inspect the goods immediately after delivery and shall verify whether the services have been rendered in a satisfactory manner.
2. Any complaint of the Customer regarding incorrect or incomplete fulfilment of an order shall be submitted to Mended in writing within eight (8) days of the date on which the services were or should have been rendered and, if it concerns the delivery of goods, within two (2) months after discovery of that the delivery does not conform to the contract. If the complaint is not submitted to Mended within this term, the Customer no longer has claim against Mended regarding incorrect or incomplete fulfilment of an order.
3. The Customer shall include a clear and accurate description of the Complaint. Lodging a complaint shall not relieve the Customer from its payment obligation.
4. If Mended considers a complaint to be well founded, it will, at its option, either repair or replace the delivered goods or rendered services, or, in case replacement or repair is impossible, credit the purchase price paid by the Customer in connection with the delivered goods or supplied services, and, as the case may be, take back the delivered goods.

Article 12 - Liability for damage

1. Mended shall not be liable for any damage suffered on the part of the Customer, unless the damage results from intent or wilful recklessness exclusively on the part of Mended's executive staff.
2. The Customer shall report the damage it has incurred to Mended in writing as quickly as possible but within eight (8) days after the damage was caused or became known. Any damage not reported within this term shall not be eligible for compensation.
3. All legal claims of the Customer against Mended relating to the performance of services will in any event prescribe after one (1) year, to be counted from the date on which the relevant obligation fell due under the order or the event occurred that caused the damage.
4. All legal claims of the Customer against Mended relating to the delivery of goods prescribe after two (2) years to be counted from the date the Customer lodged a complaint as referred to in article 11.
5. The Customer will indemnify Mended against all claims of third parties on any basis whatsoever in connection with goods delivered by Mended to the Customer or in connection with services rendered by Mended to the Customer, unless and insofar as the Customer demonstrates that the claim of a third party is in no way related to any circumstance that falls within the Customer's scope of risk.

Article 13 - Intellectual property

1. All intellectual property rights in respect of the goods and services shall vest in Mended. Without Mended's prior permission in writing, the Customer shall not reproduce, publish or imitate the goods in whole or in part.
2. The Customer may trade in goods originating from Mended only under the brand, logo, trade name and specifications under which the goods were delivered to the Customer. The Customer may not change the quality of the goods it purchased from Mended, including their labelling, imprints and instructions.
3. The Agreement does not contain any assignment of any intellectual property rights as part of the delivery of the goods to the Customer or the services rendered to the Customer and the related documents.

Article 14 – Data Privacy

1. All rights with respect to any data that Mended provides under the Agreement to the Customer, belong and shall continue to belong to Mended (unless Mended decides otherwise). The Customer does not have the right to use this data for any purposes other than the performance of the Agreement. As soon as possible after being requested by Mended, the Customer shall either destroy data or surrender data to Mended.
2. All rights with respect to any data that Mended provides under the Agreement to the Customer, belong and shall continue to belong to Mended (unless Mended decides otherwise). The Customer does not have the right to use this data for any purposes other than the performance of the Agreement. As soon as possible after being requested by Mended, the Customer shall either destroy data or surrender data to Mended.

Article 15 - Force majeure 

In the event of force majeure (clause 6:75 DCC) on the part of either party, the performance of the Agreement shall be fully or partly suspended for as long as the situation of force majeure continues, without either party being liable for payment of any compensation to the other party. If the force majeure situation is reasonably expected to continue for more than three (3) months, or has already lasted for three (3) months, the other party may dissolve the Agreement by registered letter effective immediately and without recourse to the courts, without thereby creating any rights to compensation.

Article 16 - Assignment; outsourcing

1. The Customer may not assign any of its rights and obligations under the Agreement or contract out the performance thereof to third parties without the prior written permission of Mended.
2. Mended is entitled to engage persons who are not associated with it for the purpose of executing the Agreement. Mended is not liable for damage or loss caused by acts or omissions of these other persons engaged by it.

Article 17 - Invalidity of one or more provisions

1. The invalidity of any provision of the Agreement and/or these general conditions of sale shall not affect the validity of the other provisions of the Agreement and/or these general conditions of sale.
2. If and to the extent that any provision of the Agreement and/or these general conditions of sale is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties, which is acceptable considering all the circumstances.

Article 18 - Applicable law and jurisdiction

1. The legal relationship between Mended and the Customer is governed exclusively by Dutch law to the exclusion of the Vienna Sales Convention.
2. Any dispute between Mended and the Customer shall be settled by the District Court of Midden-Nederland, location Utrecht.