Article 1. Applicability
1.1 All offers, orders and agreements of MADE out of or are subject to these Terms and Conditions.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

1.3 The provisions of these Terms and Conditions may only be deviated from in writing, in which case the remaining provisions will remain in full force.

1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for the benefit of MADE out of, are also stipulated for the benefit of intermediaries and other third parties engaged by MADE out of.

 

Article 2. Offers/Agreements
2.1 All offers of MADE out of are non-binding and MADE out of expressly reserves the right to change prices, in particular when necessary under (legal) regulations. See also clause 3.6.

2.2 An agreement is only established after acceptance of your order by MADE out of. MADE out of is entitled to refuse orders or attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, MADE out of will communicate this within five (5) working days after receipt of the order.

 

Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euro, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Payment shall be made without discount or compensation within ten (10) days of the invoice date in the case of deliveries within the Netherlands, and within ten (10) days of the invoice date in the case of deliveries outside the Netherlands, unless otherwise agreed in writing.

3.3 Payment can be made by advance payment or via iDEAL telebanking. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of MADE out of.

3.4 If the payment term is exceeded, MADE out of or may determine whether or not to cancel the order.

3.5 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within five (5) days after notification of the price increase by MADE out of.

 

Article 4. Delivery
4.1 The delivery times indicated by MADE out of are: for items that are in stock, a delivery time of 2 to 4 working days (within the Netherlands and Belgium). For items that are out of stock, MADE out of will inform you in time and offer you the possibility to cancel the agreement or agree on a new delivery time with MADE out of. If the agreement is cancelled, amounts already paid will be refunded within 30 days.

4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.



Article 5. Retention of title
5.1 The ownership of delivered products will only be transferred if you have paid all that you have out or owe under any agreement to MADE. The risk in respect of the products already passes to you at the time of delivery.



Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by MADE out of or.

6.2 MADE out of does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.

 

Article 7. Returns / Right of return
7.1 You have the obligation to examine upon delivery whether the products meet the agreement. If this is not the case, you must inform MADE out of this as soon as possible and in any case within fourteen (14) days (counting weekends) after delivery, or at least after observation was reasonably possible, in writing/email and stating reasons.

7.2 If it is demonstrated that the products do not comply with the agreement, MADE out of has the choice to replace the products in question with new products against their return if in stock.

7.3 If you do not wish to purchase a product for any reason, you, as an individual, have the right to return the product to MADE out of or within fourteen (14) days after delivery. The following conditions apply: the item must not have been used and must be returned undamaged and complete in its original packaging. The costs for returns are at your expense.

Article 8. Warranty
8.1 MADE out of or guarantees that the products to be delivered meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.

8.2 The guarantee mentioned under paragraph 8.1 applies for a minimum period of 12 months.

8.3 If the Goods to be delivered do not comply with this warranty, MADE out of will, at the choice of MADE out of, replace or see to the repair of the Goods within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Buyer.

8.4 The guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when, without written permission from MADE out of, the buyer or third parties have made changes or tried to make changes to the product or have used it for purposes for which this product is not intended.

8.5 In addition to these warranty provisions, legal warranty provisions remain in force.

 

Article 9. Orders / communication
9.1 MADE out of will not be liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication in the traffic between you and MADE out of, or between MADE out of and third parties, insofar as they relate to the relationship between you and MADE out of, unless and insofar as there has been intent or gross negligence on the part of MADE out of.

 

Article 10. Complaints & Disputes
10.1 MADE out of has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

10.2 Complaints on the implementation of the agreement must be submitted within 7 days fully and clearly described to MADE out of, after the consumer has found the defects.

10.3 Complaints submitted to MADE out of will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, MADE out of will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

10.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

10.5 In case of complaints, a consumer should first turn to MADE out of. If a solution still cannot be found, the Consumer has the option to have his/her complaint handled by the independent Dispute Commission appointed by Stichting WebwinkelKeur, the decision is binding and both MADE out of and the Consumer agree with this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

10.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

10.7 If a complaint is found valid by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

10.8 On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer resides abroad.

10.9 The Vienna Sales Convention does not apply.

 

Article 11. Force majeure
11.1 Without prejudice to its other rights, in case of force majeure, MADE out or has the right, at its own discretion, to suspend the execution of your order, or to terminate the agreement without judicial intervention, by informing you in writing and without Iamoo being obliged to pay any damages, unless this would be unacceptable under the given circumstances according to standards of reasonableness and fairness.

11.2 Force majeure means any shortcoming that is not or cannot be attributed to MADE, because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.

 

Article 12. Miscellaneous
12.1 If you provide an address in writing to MADE out of, MADE out of will be entitled to send all orders to that address, unless you provide in writing to MADE out of another address to which your orders should be sent.

12.2 Where deviations from these Conditions have been allowed by MADE out of or for short or long periods of time, whether tacit or not, this does not affect its right to still require direct and strict compliance with these Conditions. You can never assert any right based on the fact that MADE out of or applies these Conditions leniently.

12.3 Should one or more of the provisions of these Conditions or any other agreement with MADE out of be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new comparable provision to be determined by MADE out of or legally permissible.

12.4 MADE out of or is authorised to use third parties in the execution of your order(s).