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To allow also small shops/outlets to sell our product MOQ is negotiable. Shipping cost for an order is calculated by weight, we use different options/forwarders depending on size and weight of your order and we regularly check for the cheapest options to reliably send any kind of order.

Terms and conditions

 

Article 1: Definitions

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  1. MUKAKASA, established in Amsterdam, Chamber of Commerce (KvK) number 34159913, is referred to in these general terms and conditions as seller.

  2. The other party of the seller is referred to as the buyer in these general terms and conditions.

  3. The parties are seller and buyer together.

  4. With the agreement is meant the purchase agreement between the parties.

 

Article 2: Applicability of general conditions

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  1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of seller.

  2. Deviating from these terms and conditions is only possible if this has been agreed explicitly and in writing by the parties.

 

Article 3: Payment

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  1. The full purchase price is payable within 14 days from purchase. For reservations, a deposit is expected in some cases. In that case, the buyer receives proof of the reservation and the prepayment.

  2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

  3. If the buyer remains in default, the seller will proceed to collection. The costs related to this collection will be borne by the buyer. These collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer shall become immediately due and payable.

  5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

 

 

 

Article 4: Offers, quotations and price

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  1. Offers are without obligation, unless a term of acceptance is mentioned in the offer. If the offer is not accepted within that period, the offer will lapse.

  2. Delivery times in quotations are indicative and do not give buyer the right to dissolution or compensation if this is exceeded, unless parties have explicitly agreed otherwise in writing.

  3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree this in writing.

  4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

  

Article 6: Amendment of the agreement

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  1. If it becomes apparent during the execution of the agreement that it is necessary for the proper performance of the assignment to change or supplement the work to be performed, the parties shall adjust the agreement accordingly in due time and in mutual consultation.

  2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer as soon as possible.

  3. If the change or supplement to the agreement has financial and / or qualitative consequences, the vendor will inform the purchaser about this in writing in advance.

  4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement to the agreement will result in an exceeding of this price.

  5. Contrary to the provisions of the third paragraph of this article, the seller can not charge additional costs if the change or supplement is the result of circumstances that can be attributed to him. 

 

Article 7: Delivery and risk transfer

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Once the purchased goods have been received by the buyer, the risk passes from seller to buyer.

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Article 8: Research, advertising

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  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within as short a time as possible. In doing so, the buyer should investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, at least that quality and quantity meet the requirements that apply to normal (commercial) traffic.

  2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery of the goods by the buyer. 

  3. If the complaint is well-founded within the set term, the seller has the right to either repair or to deliver again, or to abandon delivery and send the buyer a credit note for that part of the purchase price.

  4. Minor and / or customary deviations and differences in quality, quantity, size or finish can not be invoked against seller.

  5. Complaints relating to a certain product have no influence on other products or parts belonging to the same agreement.

  6. No complaints will be accepted after the goods have been processed by the buyer.

 

Article 9: Samples and models

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  1. If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided as an indication only, without the goods to be delivered having to be answered. This is different if the parties have explicitly agreed that the item to be delivered will correspond to this.

  2. In the case of agreements concerning immovable property, the indication of the surface area or other dimensions and indications shall also be presumed to be intended as an indication only, without the goods to be delivered having to be answered.

 

Article 10: Delivery

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  1. Delivery is made ‘ex works / store / warehouse’. This means that all costs are for buyer.

  2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them or has them delivered to him, or at the moment at which these items are made available to him according to the agreement.

  3. If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer.

  4. If the goods are delivered, the seller is entitled to charge any delivery costs.

  5. If the seller requires information from the buyer for the execution of the agreement, the delivery period commences after the buyer has made this information available to the seller.

  6. A delivery period stated by the seller is indicative. This is never a fatal deadline. If the term is exceeded, the buyer must give notice of default to the seller in writing.

  7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if the delivery does not have an independent value. The seller is, upon delivery in parts, entitled to invoice these parts separately.

 

Article 11: Force majeure

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  1. If the seller can not, not timely or not adequately fulfill his obligations under the agreement due to force majeure, then he is not liable for damage suffered by the buyer.

  2. Force majeure in any case means any circumstance with which the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement can not reasonably be demanded by the buyer, such as, for example, illness, war or war danger, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation, strikes, workforce exclusion, altered government measures, transport problems, and other failures in the seller’s business.

  3. Furthermore, the parties under force majeure understand the circumstance that subcontractors of which the seller is dependent for the implementation of the agreement, do not fulfill the contractual obligations towards the seller, unless this can be blamed on the seller.

  4. If a situation as referred to above arises as a result of which the seller can not fulfill its obligations towards the buyer, these obligations will be suspended as long as the seller can not meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.

  5. In case the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered mail.

 

Article 12: Transfer of rights

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Rights of a party to this agreement can not be transferred without the prior written consent of the other party. This provision applies as a clause with a property law effect as referred to in Section 3:83 Dutch Civil Code.

Article 13: Retention of title and right of retention

  1. The goods and items supplied by the seller shall remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.

  2. If the agreed prepaid amounts are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. There is then a creditor’s default. A late delivery can in that case not be made against the seller.

  3. The risk of loss or damage remains with the buyer and the buyer undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft.

  4. If items have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the seller has the right of retention. The case will then not be delivered until the buyer has paid in full and in accordance with the agreement.

  5. In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

 

Article 14: Liability

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  1. In no event shall the seller be liable for indirect, consequential, or incidental damages. Any liability for damage arising from or connected with the execution of an agreement is always limited to the amount that is paid by the buyer for the specific goods or service giving rise to the claim. 

  2. The seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller is not excluded.

 

Article 15: Complaint obligation

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  1. Buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.

  2. If a complaint is well-founded, the seller is obliged to repair the goods and to replace them if necessary.

 

Article 16: Guarantees

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  1. If guarantees are included in the agreement, the following applies. Seller warrants that the sold goods comply with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make. This guarantee applies for a period of two calendar years after receipt of the sold item(s) by the buyer.

  2. The said warranty does not apply if the defect arose as a result of injudicious, improper use, natural aging including fading for naturally dyed products or if – without permission – the buyer or third parties have made changes or attempted to make changes or used the purchased goods for purposes for which it is not intended.

  3. If the warranty provided by the seller relates to a case produced by a third party, the guarantee is limited to the guarantee provided by that producer.

 

Article 17: Applicable law

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  1. Dutch law is exclusively applicable to this agreement between seller and buyer. The Dutch judge is competent.

  2. The applicability of the Vienna Sales Convention is excluded.

  3. If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.

 

Article 18: Forum selection

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All disputes arising from this agreement are exclusively submitted to the competent court of the District Court of Amsterdam.

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Article 19: Handmade products

 

MUKAKASA products are handmade in Uganda. Please note that due to the nature of handmade items, there might be slight imperfections and some products may have variations. 

 

 

Privacy policy

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About

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At MUKAKASA we care greatly about your privacy. We exclusively process data that we need for (improving) our services, and carefully handle all information gathered about you and your usage of our services. Your data is not shared with third parties for commercial goals. This privacy policy applies to the use of the website and the services provided by MUKAKASA. The starting date for the validity of these terms and conditions is 01/01/2024, with the publication of a new version the validity of all previous versions is canceled. This privacy policy describes what information about you is collected by us, what this data is used for and with whom and under what conditions this data could be shared with third parties. We also explain to you how we store your data, how we protect your data against misuse and what rights you have regarding the personal data you provide us.
If you have any questions about our privacy policy, please contact our privacy contact person, you will find the contact details at the end of our privacy policy.

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Payment processors

For concluding and processing (part of) our payments we use payment by bank transfer. We process your name, address and residence informationfor our invoices and/or any refunds. We also process payment information such as your bank account number or credit card number. All the aforementioned guarantees in regard to the protection of your personal data are also applicable to any services provided by third parties such as banks. We do not store your data any longer than the instalments permitted by the appropriate legal grounds.

Transport and logistics

If you place an order with us we see it as our responsibility to have your order successfully delivered to you. For the delivery we use the services of PostNL, DHL, GLS, DPD and others. For a successful delivery it is important that we share you name, address and possibly some residential details with these companies. They will use this information with the sole purpose to carry out the agreement of delivery. In case of PostNL, DHL, GLS, DPD and others hiring subcontractors, they will share said information with these parties.

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Accounting and bookkeeping

Throughout the process of purchasing goods from us it is also our responsibility to follow all local legislation for accounting and bookkeeping. For this it is important that we share you name, address, company information like VAT number and business transaction details with our appointed bookkeeping company and the Tax authorities. They will use this information with the sole purpose to carry out their activities.

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External sales channels

Except for the actual process of purchasing goods from us, we do not share your name, address or other company information with third parties.

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General purpose of data processing

We use your data with the sole purpose of providing you with our services. This means that the goal of processing the data stands in direct relation to the assignment or task that you request of us. We do not use this data for (addressed) marketing purposes. If you share information with us and we use this information to – not based on a request – contact you at a later time, we will first ask for explicit consent. Your data is not shared with third parties, with any other purpose than to fulfil accountancy and administrative obligations. These third parties are all obligated to a duty of confidentiality based on the agreement we have with them, an oath or legal obligation.

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Automatically collected data

Information automatically gathered by our website is processed with the sole purpose of providing you with and/or to further improve our services. This information (for instance your IP address (anonymised), web browser and operating system) is not personal information.

Cooperation in tax and criminal investigation

In some cases, we may be obligated by government to a lawful duty of sharing your information with the purpose of assisting in a fiscal or criminal investigation. In such cases we are forced to comply and assist, but will, based on lawful possibilities, offer objection.

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Retention periods

We store your data for as long as you are a client with us. This means that we maintain and keep your client profile until you make it known to us that you no longer desire to use our services. Such a message also functions as a request to be forgotten. We are required to keep invoices with your (personal) information due to relevant administrative obligations, this information is safely stored for as long as the relevant term for these obligations has not yet passed. Personnel no longer has access to your client profile and any documents made because of your assignment or task.

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Your rights

Based on valid Dutch and European law you, as a concerning party, have certain rights when it comes to personal data that is processed by or on behalf of us. Below you may find an explanation of these rights and how you, as a concerning party, can invoke these rights. In principle to prevent abuse we only send invoices and copies of your data to e-mail addresses that you have made known to us. Should you wish to receive this data on another e-mail
address or for instance per mail we will ask you to identify yourself accordingly. We maintain an administration of concluded requests, in case of a request to be forgotten we will maintain an administration of anonymised data. You receive all invoices and copies of data in files that are structured in a machine-readable format based on data classifications that we use within our system. At all times you maintain the right to lodge a complaint with Autoriteit Persoonsgegevens if you suspect that we mistreat or misuse your personal data.

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Right of inspection

At all times you maintain the right to view the data we process that has a relation or may be reducible to your person. You may request such a viewing to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a copy of all data with an added overview of processors managing this data while also mentioning the categories under which we store this data.

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Right to rectification

At all times you maintain the right to have the data we process that has a relation or may be reducible to your person be adjusted. You may request such an adjustment to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the data has been adjusted.

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Right to restriction of processing

At all times you maintain the right to limit the data we process that has a relation or may be reducible to your person. You may request such limiting to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the processing of your data is limited until you chose to cancel said limitation.

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Right of transferability

At all times you maintain the right to request for the data we process that has a relation or may be reducible to your person be processed by a third party of choice. You may send in such a request to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, your (personal) invoices or copies of data that we, or third parties on behalf of us, have processed. It is highly likely that in such a case we can no longer offer our services to you for we can no longer guarantee the previous data safety.

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Right of objection and other rights

At all times you maintain the right to object to the processing done by us, or on behalf of us by third parties, of your personal data. In case of such an objection we will immediately cease all processing of your data while your objection is being investigated and handled. In case of a justified objection we will return all invoices and/or copies of personal data that we, or third parties on behalf of us, have processed up until that point and cease processing thereafter. You also maintain the right to not be subject of automated decision-making processes or profiling. We process your data in such a way that this right does not apply. Should you believe that this right does apply then we ask you to reach out to our contact in charge of privacy matters.

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Privacy policy changes

At all times we maintain the right to alter our privacy policy. This page however always displays the most recent version of our privacy policy. 

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Company details:

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MUKAKASA

Noorddammerlaan 100A
1187 AE Amsetlveen 
Nederland
E-mail: info@mukakasa.com
 

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