By ordering products at www.beamoedt.com, you accept our General Terms and Conditions. These General Terms and Conditions apply to any purchases via our webshop.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the meanings set out below:
Foundation: the ‘Stichting Bea Moedt’, incorporated under the laws of Curaçao;
Customer: the person entering into a Contract with the Foundation;
Contract: an order by a Customer to buy one or more products offered by the Foundation via this website, placed via this website or via other electronic means (email, telephone), which order has received and accepted by the Foundation in writing (including email);
Article 2 – The Foundation’s Identity
Stichting Bea Moedt
Landhuis Groot Piscadera 1
Curaçao
E-mail: info@beamoedt.com
Curaçao Chamber of Commerce number: 161449 (0)
Cribnumber: 102.627.976
Bank: Maduro & Curiel’s Bank (MCB)
Bank account number: 34031605
Article 3 – Applicability
These General Terms and Conditions apply to any offer from the Foundation and to any Contract. During the ordering process, prior to placing an order, the Customer has the ability to review these General Terms and Conditions, and to store the same on its own device. In addition, these Terms and Conditions will be delivered at the Consumer’s request free of charge via electronic means. In the event products of the Foundation are ordered via another webshop, for instance Werk aan de Winkel, other general terms and conditions will apply and are to be found at those websites.
Article 4 – The Price
All prices indicated in the provision of products offered include Curaçao sales tax. The Foundation reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. Promotions are only valid in the stated period and as long as the product is available. In the event where software or human errors for instance list products/offers with an obvious faulty price, the Foundation reserves the rights to cancel the order. For orders to be delivered outside Curaçao, shipping costs will be added.
Article 5 –Payment and Delivery
Any delivery times provided by the Foundation are indicative only. For the exact delivery time, the Foundation depends on external parties. If the Consumer still has not received the order within a reasonable period of time, the Foundation will investigate this further and come up with an appropriate solution. Determining how long a reasonable time is, depends on the country the Consumer lives in. If any delivery term is exceeded, the Consumer is not entitled to compensation, nor is he/she entitled to cancel the order or dissolve the agreement, unless the term is exceeded to such an extent that the Consumer cannot be reasonably expected to maintain the agreement. In that case, the Consumer will be entitled to cancel the order or dissolve the agreement to the extent necessary.
The Foundation accepts payments made via bank transfer into its MCB account. The Consumer has a duty to inform the Foundation promptly of possible inaccuracies in the payment details that were given or specified. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Foundation is entitled to charge any predetermined reasonable costs incurred to the Consumer. Any customs or fiscal expenses outside Curaçao are at the expense of the Customer.
Article 6 – Intellectual Property Rights
The Customer is not allowed to change or modify the product, or to make copies in any way whatsoever, and should generally respect the fact that it is a piece of art protected by intellectual property rights.
The Customer may take a picture or video of the product, for instance to show the product and/or how the Customer has chosen to display the product. The Customer may never depict a product in such a way that third parties could duplicate the product themselves or via a third party. When sharing or publishing pictures or videos, the Customer does not have to mention the name of Bea Moedt (but is encouraged to mention her name).
Article 7 – Compliance and Warranty
The Foundation guarantees that the product will comply with the Contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the Contract was concluded.
Article 8 – Complaints
In the event the product does not comply with the Contract, the customer can submit a complaint to the Foundation within a period of 14 days upon receipt of the product. The description has to be as complete as possible. The complaints submitted to the Foundation shall be replied to within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Foundation shall respond within 14 days with notice of receipt and an indication of when the Consumer can expect a more detailed reply. The product should not be returned prior to the Foundation having assessed the complaint and made a decision. If it is decided by the Foundation that there is sufficient reason to return the product, the Foundation will inform the Consumer about the way the product should be returned. If the Consumer has made a payment, the Foundation shall return the amount as soon as possible upon receipt of the returned product in good condition. In all other cases, the parties will look for a suitable solution.
Article 9 – Force Majeure
Without prejudice to its other rights, the Foundation shall, in the case of force majeure, be entitled, at its option, to suspend execution of the Customer’s order or rescind the agreement without court intervention, by informing the Customer of this in writing (including email) and without the Foundation being obliged to pay any compensation, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness. Force majeure shall mean any breach which cannot be attributed to the Foundation, because it is not at fault, and for which it does not bear responsibility pursuant to law, acts intended to have legal effect or generally accepted standards.
Article 10 – Applicable Law and Competent Court
All rights, obligations, offers, orders and Contracts to which these General Terms and Conditions are applicable, are governed exclusively by Curaçao law. All disputes between the parties will be referred exclusively to the competent court in Curaçao. The Foundation has the right to bring a case before another court, for instance in the country where the Consumer lives.
Privacy Statement
This Privacy Statement is drawn up to make clear that we respect your privacy. Any personal information that you provide to us is only used for the purpose of giving you the best possible information. In the ordering process, we ask you to share some contact details needed for processing your order and/or to respond to any inquiries you make online. The Foundation uses this information to process your order with the utmost care and to offer you the best possible service. Unless the Foundation has your expressed consent, we will not disclose your personal information to any third parties. We will not sell, rent or trade your personal information to others for marketing purposes without your expressed consent. We collect statistical data regarding the use of our webshop, such as sources, online traffic and other related information about our website. This information will not include any personally identifiable information.
By using the website, you consent that the Foundation may collect and use your personal information in the manner set out in this Privacy Statement.