Terms and conditions

Company name: Miller & Hunt

Registered adress: Nederhoeve 12, 3438 LH Nieuwegein, the Netherlands

E-mail adress: info@miller-hunt.com 

Registration number Chamber of Commerce: 66826926.

VAT number:  NL170806728B03

 
Article 1 Definitions
  1. Miller & Hunt is a webshop with the objective to supply luxury articles for men, such as sunglasses, suitcases and bags.
  2. In these General Terms and Conditions, ‘Customer’ means the natural person or legal entity or partnership of natural persons and/or legal entities or intermediary or representative acting on their behalf, who uses the Services of Miller & Hunt, as referred to in article 1.4.
  3. In these General Terms and Conditions, ‘Agreement’ means the legal relationship between Miller & Hunt and Customer, all this in the broadest sense of the word.
  4. In these General Terms & Conditions, ‘Services’ means all products and services provided to the Customer by Miller & Hunt and/or third parties engaged by them, containing the sales of luxury articles, as well as other work performed by Miller & Hunt on behalf of the Customer, of whatever nature, performed in the context of an order, including work that is not performed at the explicit request of the Customer.
  5. In these General Terms and Conditions, ‘Website’ means the website www.Miller-Hunt.nl.
 
Article 2 Applicability of the General Terms and Conditions
  1. The General Terms and Condition apply on all Agreements concluded between the Customer and Miller & Hunt, whereby Miller & Hunt offers or provides services.
  2. Deviations from the General Terms and Conditions are only applicable if explicitly agreed with Miller & Hunt in writing.
  3. The applicability of purchase or other terms and conditions of the Customer are explicitly rejected.
  4. The General Terms and Conditions also apply on changed orders of the Customer.
 
Article 3 Quotation and Agreement 
  1. All offers made on the Website are without any obligations, unless explicitly stated otherwise. Any quotations sent by Miller & Hunt are valid for five (5) working days, unless explicitly stated otherwise.
  2. The Agreement between the Customer and Miller & Hunt with respect to the Service, containing the sales and delivery of luxury articles is concluded because the Customer orders the Service through the Website.
  3. When Miller & Hunt sends an order confirmation to the Customer, it is decisive for the content and explanation of the Agreement, subject to apparent clerical errors. Miller & Hunter is not bound to the offer if the Customer can reasonably understand that the offer, or part thereof, contains an apparent mistake or clerical error.
  4. If the Customer makes notes or comments on the confirmation of Miller & Hunt, they are not a part of the Agreement, unless Miller & hunt have confirmed these in writing.
  5. Orders placed by the Customer other than via the Website, require written acceptance by Miller & Hunt. Without this acceptance there is no Agreement between the Customer and Miller & Hunt.
 
Article 4 Performance of the Agreement  
  1. Miller & Hunt will perform the Services to its best ability, as much as possible conform the written stipulated agreements.
  2. Miller & Hunt have the right to have certain work performed by third parties. The applicability of article 7:404 and 7:409 Civil Code is explicitly excluded.
  3. The Customer ensures that all data requested by Miller & Hunt, or of which the Customer should reasonably understand that this is necessary for the performance of the agreement, is provided to Miller & Hunt on time.
  4. If the data required for the performance of the Agreement is not provided to Miller & Hunt on time, Miller & Hunt has the right to suspend the performance of the Agreement and/or charge the additional costs as a result of the delay to the Customer at the then applicable rates.
  5. If a time has been agreed or specified for the performance of Services, this is never a deadline. In case of exceedance of a time, the Customer must submit a written notice of default to Miller & Hunt in which Miller & Hunt is given a reasonable period to still perform the Agreement.
 
Article 5 Adjustment of the Agreement
  1. If it appears during the performance of the Agreement that it is necessary to adjust or supplement the agreement for a proper performance thereof, Miller & Hunt and the Customer will timely and in mutual consultation adjust the Agreement.
  2. If the Agreement is adjusted, including an addition thereto, it concerns an additional order. A separate agreement about the fee for the additional order will be made in advance. Without additional quotation, the original conditions apply, whereby the Services must be paid at the agreed rate.
  3. Non-performance or late performance of the adjusted Agreement does not mean that Miller & Hunt is in default and is no reason for the Customer to terminate or dissolve the Agreement.
  4. Adjustments to the originally concluded Agreement between Miller & Hunt and the Customer are only valid from the moment that these adjustments have been accepted by both parties through an additional or adjusted Agreement.
 
 
Article 6 Suspension, dissolution and interim termination of the Agreement by Miller & Hunt
  1. Miller & Hunt are authorised to suspend the obligations or to dissolve the Agreement if the Customer does not, not fully or not timely comply with the obligations from the Agreement, or if Miller & Hunt has a good reason to fear that the Customer will fail in these obligations.
  2. Furthermore, Miller & Hunt are authorised to dissolve the Agreement if circumstances occur that are of such nature that compliance with the Agreement is impossible or unchanged upkeep of the Agreement cannot reasonably be expected.
  3. If the Customer does not comply with the obligations arising from the Agreement and this non-compliance justifies dissolution, Miller & Hunt have the right to dissolve the Agreement with immediate effect without being obliged to pay any damages or compensation, while the Customer is obligated to pay damages or compensation for breach of contract.
 
 
Article 7 Costs, fee and payment  
  1. All amounts mentioned on the Website are in euros and inclusive VAT, unless stated otherwise.
  2. Miller & Hunt has the right to correct any apparent clerical errors in the quotation.
  3. The Service, containing the sales and delivery of luxury articles must be paid via a payment method indicated on the Website.
 
Article 8 Delivery
  1. The Services, meaning the delivery of luxury articles will in principle be sent by post. Miller & Hunt determines the way of transport and the packaging and ensures that this is done properly.
  2. If an order is lost or damaged upon receipt, Miller & Hunt will look for a suitable solution.
  3. The delivery time is two (2) working days for deliveries within the Netherlands and two to five (2-5) working days for countries within the EU. The delivery time starts when the order is placed.
  4. If the Services, meaning the shipment of luxury articles, are available to the Customer after the delivery time has lapsed but he does not purchase them, his Services are stored for his risk and account, regardless of the reason for not purchasing these.

Article 9 Conformity requirement             
  1. The Customer is obliged to check the delivered Service, meaning the sales and delivery of luxury articles upon delivery, at least as soon as possible, or have these checked. The Customer must check whether the quality and the quantity of the delivered articles correspond with what is stipulated in the Agreement.
  2. Any visible failures must be reported to Miller & Hunt in writing within fourteen (14) days after delivery, with submittance of the receipt, unless this is impossible or unreasonably onerous.
  3. Any invisible failures must be reported within twenty (20) days, though at least within three (3) months after detection, conform the method described in article 9.2. Miller & Hunt will investigate whether the Customer has rightly returned the articles. If they believe that this is the case, a solution will be sought. The solution can mean the delivery of a new product or a compensation, all this at the discretion of Miller & Hunt. The compensation will never be higher than the amount paid by the Customer.
  4. Returns do not suspend the payment obligation of the Customer.
 
Article 10 Cooling off period
  1. The Service, meaning the delivery of luxury articles, can be returned by Customers, at their expense, within fourteen (14) days after receipt. If Miller & Hunt has received the products in a good condition, the full amount will be refunded.
 
Article 11 Liability  
  1. The Customer is responsible for providing the correct and representative data that is required for the performance of the Agreement. Miller & Hunt are not liable if the Customer has provided incorrect or non-representative data.
  2. The delivery time as referred to in article 8.3 is only an estimate. Although Miller & Hunt will always try to meet the delivery time, they are never liable for the consequences of exceeding the time mentioned there. Exceedance of the time does not entitle the Customer to cancel, or refuse the receipt or payment of the Services, meaning the delivery of luxury articles, neither does Miller & Hunt owe any compensation to the Customer.
  3. Miller & Hunt does not guarantee that the Website and/or the Services, meaning the application, are always available and without any interruptions or malfunctions. Miller & Hunt is never liable or obliged to pay compensation to the Customer for any damage that arises from or is the result of the (temporary) unavailability, the (interim) failure and/or the incorrect functioning of the Website and/or Services.
  4. Miller & Hunt cannot be held liable for the incorrectness of information that is provided on the Website and the damage that is a result thereof.
  5. All claims of the Customer due to failure of Miller & Hunt expire if these are not reported to Miller & Hunter in writing with specification of reasons, within a reasonable period after the Customer has become aware or should have been aware of the facts on which his claims are based.
  6. Miller & Hunt is not liable for indirect damage, including but not limited to consequential damage, loss of profit and missed savings.
  7. Miller & Hunt is not liable for non-compliance or late compliance with the obligations, arising from the Agreement if this is caused by force majeure as referred to in article 12.
  8. If Miller & Hunt is held liable, they will only be liable for direct damage that the Customer has occurred, paid or suffered due to a proven failure of Miller & Hunt with respect to their Services.
  9. The liability as referred to in this article is limited to the amount paid by the insurance company. If the insurance company does not pay out, or if Miller & Hunt is not insured, the liability is limited to the amount agreed with the Customer.
  10. The Customer indemnifies Miller & Hunt for claims of third parties that are related to the Services.
  11. The limitation of the liability does not apply if there is intent or gross negligence by Miller & Hunt.
  12. This provision does not exclude any liability insofar as liability may not be limited or excluded by law.
 
Article 12 Force majeure  
  1. Force majeure means all external causes, beyond the control or fault of Miller & Hunt, causing timely, complete or correct compliance with the Agreement to be impossible.
  2. In case of force majeure the compliance with the agreement is suspended as long as the force majeure situation continues.
  3. If the force majeure situation continues for more than one month, both parties have the right to dissolve the Agreement without legal intervention. In such a case Miller & Hunt will refund any amounts paid, deducted by the costs already made by Miller & Hunt with respect to the Agreement.
 
Article 13 Confidentiality
  1. Each of the parties guarantees that any data received from the other party of which they know or should know that this is confidential, is kept secret. The party receiving confidential data, will only use this for the purpose for which it was provided. Data is in any case confidential if this is marked as such by any of the parties.
In addition, personal data is only collected and processed to ensure that the Service, meaning the application, is functioning optimally. The data will not be disclosed to third parties or used for external marketing purposes. Miller & Hunt cannot be obliged to do this if the provision of data to a third party is necessary as a result of a legal verdict, a legal regulation or for the correct performance of the Agreement.
 
Article 14 Intellectual property 
  1. Miller & Hunt reserves the rights and authorities to which they are entitled based on the Copyright law.
  2. The Customer accepts that the structure, the content and the concept of the Service, meaning the application, and/or the Website belongs to the intellectual property right of Miller & Hunt.
  3. The Customer is not allowed to multiply, redesign, adjust, dismantle, reverse to the source code (reverse engineering), distribute, rent, lend or disclose (via whatever open communication tool) a part of the Service, meaning the application, and/or Website, unless he has been given written permission thereto by Miller & Hunt or the relevant entitled party or if this is allowed by law.
  4. The Customer is not allowed to remove symbols that refer to the intellectual, industrial and other property rights of Miller & Hunt. Customers may not bypass or manipulate the technical measures implemented by Miller & Hunt or third parties in the Service, meaning the application, and/or Website, to protect their intellectual property rights.
  5. If the Customer violates this provision, he will forfeit an immediately payable fine of thousand (1000) euros for each day that the violation continues.
 
 
Article 16 Applicable law and authorised court  
The legal relationship between Miller & Hunt and their Customers is subject to Dutch law. All disputes that might occur between Miller & Hunt and their Customers are settled by the authorised court of Midden-Nederland (Utrecht).