Version of 11 May 2021

General Terms and Conditions of Mek Styling, with its address at Breedstraat 15, 3633 AX, in Vreeland, the Netherlands and registered with the Chamber of Commerce under number 55909825.

1. Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions: The general terms and conditions as contained in this document.

Mek Styling: Mek Styling, with its address a Breedstraat 15, 3633 AX, in Vreeland, the Netherlands registered with the Chamber of Commerce under number 55909825.

Goods: All goods that Mek Styling may provide to a Client, including but not limited to items from the Mek collection.

Price: The financial reward for the performance of Mek Styling pursuant to an Agreement that has been made with the Client.

Client: Any person or business who entered into an Agreement with Mek Styling and has accepted the applicability thereto of these General Terms and Conditions.

Agreement: Any agreement entered into between Mek Styling and the Client for the order and/or delivery of Goods.

2. Scope

These General Terms and Conditions apply to every offer and Agreement entered into between Mek Styling and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Mek Styling and the Client will consult each other to agree new provisions to replace the void or voided ones.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Mek Styling in writing.

If Mek Styling does not require strict compliance to these General Terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Mek Styling to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.  

3. Offers and Formation of an Agreement  

Offers are only valid when made in writing (including in electronic form such as through e-mail or as stated on Mek Styling’s website).

All offers are non-binding, unless a period for acceptance is stated in the offer. If a period for acceptance is stated in the offer, the offer will lapse after this period has expired. 

Offers do not automatically apply to future orders or reorders.

An Agreement is formed through the timely acceptance by the Client of Mek Styling’s offer. Both offer and acceptance can be made electronically, through e-mail or Mek Styling’s website.

4. Duration and termination of an Agreement 

The Client and Mek Styling may enter into an Agreement for a limited period of time.

If a period is agreed or stated in an Agreement for a performance by Mek Styling, then this period is only indicative and is not to be regarded as a strict deadline or a guarantee made by Mek Styling.

Mek Styling and the Client may terminate an Agreement at any time by mutual consent.  

In the event that one of the parties becomes bankrupt, is placed under conservatorship or ceases its business, the other party has the right to terminate the Agreement immediately.  

5. Prices

All Prices are expressed in euros, inclusive of Dutch VAT and other applicable government levies, unless indicated otherwise.

All Prices are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

If Mek Styling agrees a fixed Price when the Agreement is entered into, then Mek Styling is entitled to increase this Price should the offer made rely on false assumptions based on information provided by the Client.

If Mek Styling has the intention of amending the Price, it will inform the Client of this as soon as possible.

In the event that a Good is listed at an incorrect Price due to a typographical error, Mek Styling shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed.

Prices on Mek Styling’s website are monitored and updated regularly to try to ensure they are current. Should the price of an item a Client has ordered changed since the last update, Mek Styling will contact such Client before progressing your purchase.

Mek Styling reserve the right to change prices and specifications at any time without any notice being due unless a Client completed an order which is affected by a change.

6. Payment

Payment will take place in advance by means of transfer to a bank account and following other payment instructions specified by Mek Styling, unless agreed otherwise. 

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Mek Styling and the Client may agree that payment for certain Goods be made in instalments and/or on a certain (e.g. monthly) periodical basis. If payment in instalments is agreed, the Client must make payments in accordance with the periods and percentages as established in the Agreement. 

Any objections against an invoice do not have the effect of suspending the payment obligations.

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Mek Styling and the obligations of the Client towards Mek Styling are immediately due.

7. Force majeure

Breaches may not be attributed to Mek Styling or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Agreement.

Circumstances regarded as resulting from a force majeure include lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials and machinery components as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Agreement by Mek Styling cannot be reasonably sought by the Client.

In case of force majeure the parties are not obliged to proceed with the Agreement and are not bound to pay any compensation for Goods that have not been sent.

8. Availability of Goods

The availability of Goods as reflected on Mek Styling’s website refers to the real availability at the time when the Client makes the order. Such availability must be however considered purely indicative because, as a result of the simultaneous presence of several users on the website, Good may be sold to other Clients before the order is confirmed. In addition, following the confirmation mail order sent by Mek Styling, events of partial or total failure of Goods can occur. In this case, the order will be amended automatically by removing the unavailable Good from the order and the customer will be informed by e-mail.

9. Shipping

Webshop orders have a delivery time of 5 working days, with the exception of lamps and tables: Mek Light objects have a delivery time of 6 weeks and WDSTCK X Mek tables are delivered within 8 weeks.

All Clients who order goods online from Mek Styling and who otherwise have goods shipped from or to Mek Styling to or from themselves, agree to bear all risks involved with the relevant shipment method chosen by the Client.

Mek Styling will not be held liable for any damages or losses occurred during shipment or transportation of the particular good.

10. Examination and Return policy

The Client is obliged to examine the any goods received from Mek Styling immediately at the moment of its receipt but in any case, within 14 days after receipt. Where relevant, the Client must examine whether the quality of the Product offered meets what the parties agreed.

Defects and shortcomings have to be reported within 14 days of receipt. Mek Styling will inform Client thereafter regarding any applicable return procedures.

Any right to (partial) restitution of the price, repair, replacement or compensation lapses, if the defects will not be reported within the aforementioned period.  

Client’s payment obligations will not be suspended if the Client reports the defect to Mek Styling within the prescribed period.  

Special provisions for Clients being consumers (non-business Clients) residing in the European Union:

-Consumer Clients who bought goods from Mek Styling only online (koop op afstand), are entitled to cancel (ontbinden) the Agreement and return such goods to Mek Styling without any reason and receive a full refund of the price paid for such goods if they notify (in writing, which includes e-mail) Mek Styling within 14 days of their receipt of such goods of their cancellation of the Agreement. After such notification, the consumer Client should return the relevant goods to Mek Styling immediately at their own costs, following return instructions form Mek Styling and via similar shipping methods (including any related insurances) as they received the goods from Mek Styling.

When a Client returns a Good and such Good is in good condition, Mek Styling will refund the Client within 14 days of receipt of the returned Good.

-Excluded from the abovementioned cancellation right (herroepingsrecht) are the following goods sold by Mek Styling:

• custom made Products; and
• all other Products that are excluded from any cancellation rights pursuant to applicable laws.

11. Liability

Mek Styling can only be held liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Mek Styling. Direct damage should only be understood as material direct damage to a property of a Client.

Mek Styling is shall not be held liable for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. 

Mek Styling shall not be held liable for damages of any nature resulting from Mek Styling basing its actions upon inaccurate and/or incomplete information provided by the Client.

If Mek Styling is held liable for any damage, then such liability shall be limited to the agreed invoice amount for the Service performed by Mek Styling that gave rise to such liability. 

The Client must report the damage for which Mek Styling can be held liable to Mek Styling as soon as possible, but in any event within 14 days of receiving the allegedly damaged Product or other good, in failure of which Mek Styling cannot be held liable.

12. Indemnity

The Client indemnifies Mek Styling against any claims by third parties who suffer damage in connection with any Services offered by it. 

13. Privacy policy 

Mek Styling has a privacy policy which is applicable to all of its Agreements. It is available as a separate document on its website www.mekstyling.com.

14. Amendment of the General Terms and Conditions  

Mek Styling is entitled to amend the General Terms and Conditions unilaterally to the extent such amendments are reasonable. 

Amendments will also apply to existing Agreements. 

Mek Styling will inform the Client by e-mail about any amendments.   

The amendments to the General Terms and Conditions will be in force thirty days after the Client is informed of such amendments.  

Should a Client disagree with the announced amendments, such Client and Mek Styling are both entitled to terminate the Agreement.

15. Other

These General Terms and Conditions apply to every offer and Agreement entered into between Mek Styling and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Mek Styling and the Client will consult each other to agree new provisions to replace the void or voided ones.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Mek Styling in writing.

If Mek Styling does not require strict compliance to these General terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Mek Styling to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.  

The applicability of the Vienna Sales Convention (CISG) is excluded.

In deviation of the statutory limitation period, a limitation period of one year applies to all claims against Mek Styling.

These General Terms and Conditions are filed at the Chamber of Commerce under number 55909825.

19. Governing law and Jurisdiction

Dutch law is exclusively applicable to all legal relationships to which Mek Styling is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has (part of) its place of business outside of the Netherlands.

Disputes between Mek Styling and the Client will only be submitted to the competent court in the Netherlands, unless statutory laws of The Netherlands prescribe otherwise.