Exclusive distribution rights
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General and delivery terms
The following delivery and payment conditions apply to all offers, quotations and agreements between Maithuna.us (hereinafter Maithuna) and a buyer, insofar as these conditions have not been deviated from by the parties. The applicability of any general conditions of the purchaser is expressly rejected. If one or more provisions of these general conditions at any time by the court in whole or in part are destroyed or declared invalid, this shall not affect the effect of the remaining provisions.
Offers, quotations and agreement
All offers and quotations by Maithuna are without obligation, unless a period for acceptance is stated in the offer or quotation. An offer or quotation expires if the product to which the offer or quotation relates is no longer available in the meantime. If a product is unexpectedly no longer available, the buyer will be informed as soon as possible and the order can be canceled or changed at his discretion. If the order is cancelled and payment has already been made, Maithuna will refund the payment made within 14 working days to the account from which the payment was made. Offers do not automatically apply to repeat orders. Maithuna cannot be held to a quotation or offer if the Buyer can reasonably understand that (part of) the quotation or offer contains an obvious mistake or error. The prices mentioned in an offer or quotation are in Euros, excluding VAT and other government levies, as well as any costs to be incurred in connection with the agreement, such as delivery charges, unless otherwise indicated. Maithuna is entitled to stipulate that the purchaser shall pay the total amount due before delivery, at the latest in the week preceding the delivery. Maithuna is entitled to refuse orders or to attach certain conditions to the delivery. If an order is not accepted, Maithuna will inform the purchaser as soon as possible after receipt of the order. An agreement is reached when an order confirmation is sent by email to the email address provided by the purchaser. The delivered wine boxes may differ from the images and do not give the Buyer the right to refuse the products, to dissolve the agreement or to claim damages from Maithuna.
Prices and Payments
All prices mentioned on the website pagesand in quotes are in US Dolaar including V.A.T., unless otherwise stated. Payment must be made in advance by Visa or Mastercard. The payment link is created the payment provider Sisow.
Maithuna usually delivers within five working days after receipt of payment, but if this period cannot be met for any reason, Maithuna shall not be in default by operation of law. Maithuna is not liable for damages resulting from exceeding delivery times. If the buyer’s order is not in stock, the buyer will be contacted about the delivery time.
Suspension & dissolution of agreement
Maithuna is authorized to suspend the fulfillment of its obligations or to dissolve the agreement if: The Buyer does not fulfill, does not fully fulfill in a timely manner, or Maithuna has good reason to fear that he will not fulfill these obligations. Maithuna shall also be entitled to dissolve the agreement if circumstances arise of such a nature that Maithuna cannot reasonably be expected to honour the agreement. If Maithuna proceeds with suspension or dissolution, it shall in no way be liable for compensation of damage or costs arising in any way whatsoever. If Maithuna proceeds with the dissolution of the agreement, Maithuna’s claims against the Buyer will be immediately due and payable. If the dissolution is attributable to the other party, the Buyer is required to reimburse Maithuna for the resulting direct and indirect damage and costs. There is a question of liquidation of the Buyer, the Buyer has been granted suspension of payment, the Buyer is declared bankrupt, the Buyer is admitted to the WSNP, the Buyer loses the free disposal of all or part of its assets or income, the Buyer sells its business or if an attachment is levied against the Buyer and that attachment has not been lifted within three months.
Maithuna shall not be held to fulfil any obligation towards the Buyer if Maithuna is hindered in doing so by Force Majeure. Force Majeure includes, in addition to the provisions of the law and jurisprudence, all external causes, foreseen or unforeseen, over which Maithuna has no influence, but which prevent Maithuna from permanently or temporarily fulfilling its obligations. Force Majeure includes (civil) war, threat of war, transport difficulties as well as fire, serious disruptions and strikes in the Maithuna company or its suppliers. Maithuna may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to pay the other party damages. If Maithuna has already partially fulfilled its obligations arising from the agreement when the force majeure occurred, or will be able to fulfil them and if independent value can be attributed to the fulfilled or to be fulfilled part, Maithuna shall be entitled to invoice this part separately.
The purchaser is obliged to inspect the delivered goods, or have them inspected, immediately after the goods are made available to him. Any visible defects must be reported to Maithuna in writing and with specifications within 2 days after delivery, failing which any claim against the User shall lapse. Any invisible defects must be immediately reported to Maithuna in writing, specifying the defects within 2 days after their discovery. The Buyer shall give Maithuna the opportunity to investigate (or have investigated) a complaint. In the event of a justified and timely complaint, Maithuna shall, at its discretion, either replace the delivered goods against the return of the originally delivered goods, or pay a replacement fee to the Buyer or credit a proportional part of the invoice. If it is established that a complaint is unfounded, the costs incurred by Maithuna in connection with this shall be borne by the Buyer in full.
If Maithuna is liable, this liability is limited to what is stated in this provision. Maithuna is not liable for damages of any kind arising because Maithuna has relied on incorrect or incomplete data provided by or on behalf of the Buyer. If Maithuna is liable for any damages, Maithuna’s liability shall be limited to the invoice amount, or to that part of the invoice to which the liability relates. Maithuna’s liability shall in any event be limited to the amount paid out by its insurer in the case in question. Maithuna shall never be liable for indirect damages, including consequential damages, loss of profit, lost savings and damage due to business interruption. The limitations of liability mentioned in this article shall not apply if the damage is due to intent or gross negligence of Maithuna or its executive staff.
All agreements between Maithuna and the Buyer are exclusively governed by Belgian law. Without prejudice to Maithuna’s right to submit a dispute to the competent court according to the law, disputes between parties shall first be submitted to the competent court in Maithuna’s place of business.