TERMS AND CONDITIONS

Terms and conditions webshop
Introduction
These are our General Terms and Conditions. These General Terms and Conditions always
apply when you use our Website or place an order through our Website, and they contain
important information for you as a buyer. Please read them carefully. We also recommend
that you save or print these General Terms and Conditions so that you can consult them at a
later time.
Article 1. Definitions
1.1. MADEBYWITTEVEEN: based in HAARLEM and registered with the Chamber of
Commerce under file number 74903039, trading as MADEBYWITTEVEEN.
1.2. Website: the Website of MADEBYWITTEVEEN, to be found on
MADEBYWITTEVEEN.NL and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement
with MADEBYWITTEVEEN and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between MADEBYWITTEVEEN
and Customer of which the General Terms and Conditions are an integral
part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and
deliveries of MADEBYWITTEVEEN, unless explicitly agreed otherwise in
writing.
2.2. If Customer in his order, confirmation or any other communication alleging
acceptance of the General Terms and Provisions includes any provisions that
differ from, or are not included in the General Terms and Conditions, such
provisions will only be binding upon MADEBYWITTEVEEN if and in so far as
MADEBYWITTEVEEN has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply
in addition to these general terms and conditions, Customer can always
invoke the applicable condition that is most favorable to him in the event of
incompatible general terms and conditions.
Article 3. Prices and information
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3.1. All prices posted on the Website and in other materials originating from
MADEBYWITTEVEEN include taxes and other levies imposed by the
government, unless stated otherwise on the website.
3.2. The shipping costs are € 9,00. These costs can also be found on the Website
and will be displayed during the ordering process.
3.3. The content of the Website is composed with the greatest care.
MADEBYWITTEVEEN cannot, however, guarantee that all information on the
Website is correct and complete at all times. All prices and other information
posted on the Website and in other materials originating from
MADEBYWITTEVEEN are subject to obvious programming and typing errors.
3.4. MADEBYWITTEVEEN cannot be held responsible for deviations in colour that
result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment Customer
accepts the offer of MADEBYWITTEVEEN subject to the conditions laid down
by MADEBYWITTEVEEN.
4.2. If Customer has accepted the offer by electronic means, MADEBYWITTEVEEN
will confirm receipt of acceptance of the offer by electronic means without
delay. Until such receipt of acceptance is confirmed, Customer will have the
possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement,
Customerhas provided incorrect data, MADEBYWITTEVEEN will have the right
to postpone the Agreement until the correct data is received.
Article 5. Registration
5.1. To make optimal use of the Website, Consumer can register using the
registration form/the account sign-in option on the Website.
5.2. During the registration process, Consumer will be asked to choose a user
name and password with which he can log on to the Website. Consumer
alone is responsible for choosing a sufficiently reliable password.
5.3. Consumer must keep its login credentials, user name and password strictly
confidential. MADEBYWITTEVEEN cannot be held liable for any misuse of the
login credentials and is always entitled to assume that Consumer who logs on
to the Website is the party that it professes to be. Consumer is responsible
for and bears the full risk of any and all actions and transactions performed
via Consumer's account.
5.4. If Consumer knows or has reason to suspect that its login details have
become available to unauthorised parties, it will be required to change its
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password as soon as possible and/or to notify MADEBYWITTEVEEN
accordingly so as to allow MADEBYWITTEVEEN to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as MADEBYWITTEVEEN has received the order, it will send the
products to Consumer without delay and with due regard for the provisions
of paragraph 3 of this article.
6.2. MADEBYWITTEVEEN is authorised to engage third parties in the fulfilment of
its obligations under the Agreement.
6.3. In principle, the delivery term is 1 MAAND. Delivery may be effected in
various ways, at the discretion of MADEBYWITTEVEEN.
6.4. If MADEBYWITTEVEEN is unable to deliver the products within the agreed
term, it will notify Consumer accordingly. In that case Consumer can decide
either to agree to a new delivery date or to terminate the Agreement without
incurring any costs.
6.5. MADEBYWITTEVEEN advises Consumer to inspect the products upon delivery
and to report any defects within an appropriate period, preferably in writing
or by email. For further details, see the article about guarantee and
conformity.
6.6. The risks associated with the products will transfer to Consumer as soon as
the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, MADEBYWITTEVEEN is
entitled to deliver a product which is comparable in nature and quality to the
ordered product. In that case, Consumer will have the right to terminate the
Agreement without incurring any costs and to return the product free of
charge.
Article 7. Right of withdrawal/return
7.1. This article only applies if Consumer is a natural person who is not acting in
his or her professional or commercial capacity. Business Consumers therefore
have no right of withdrawal.
7.2. Consumer will have the right to dissolve the distance Agreement with
MADEBYWITTEVEEN within 14 days after receiving the product, free of
charge and without stating reasons.
7.3. The term commences on the day after the product was received by the
consumer, or a third party designated by the consumer, who is not the
transporting party, or:
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 if the delivery of a product involves different deliveries or parts: the day
on which Consumer, or a third party designated by Consumer, received
the last delivery or the last part;
 with contracts for the regular delivery of products during a given period:
the day on which Consumer, or a third party designated by Consumer,
received the last product;
 if Consumer has ordered several products: the day on which Consumer,
or a third party designated by Consumer, received the last product.
7.4. Only the direct costs incurred for the return shipment are for Consumer's
account. This means that Consumer will have to pay the costs of returning the
product. Any shipping costs paid by Consumer and the purchase price paid for
the product will be refunded to Consumer if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 1, Consumer will treat
the product and its packaging with the utmost care. Consumer may not open
the packaging or use the product unless this is necessary in order to
determine the nature of the products, their features and their operation.
7.6. Consumer is only liable for the product's devaluation that is a consequence of
his handling the product other than as permitted.
7.7. Consumer can terminate the Agreement in accordance with paragraph 1 of
this article by reporting the withdrawal (digital or in other form) to
MADEBYWITTEVEEN, within the withdrawal period, by means of the model
form for right of withdrawal or in some other unequivocal way. If
MADEBYWITTEVEEN makes it possible for Consumer to declare his
withdrawal via electronic/digital means, then after receiving such a
declaration, MADEBYWITTEVEEN sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as
referred to in paragraph 1, Consumer shall return the product, or hand it over
to (a representative of) MADEBYWITTEVEEN. Consumer can send the product
directly to MADEBYWITTEVEEN without a notice of withdrawal in advance
within the period as mentioned in paragraph 1. Consumer must, in this case,
include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
MADEBYWITTEVEEN
Middenweg
2023 MC, HAARLEM
7.9. Any amounts already paid by Consumer (in advance) will be refunded to
Consumer as soon as possible, and in any case within 14 days after dissolution
of the Agreement. If Consumer chose an expensive method of delivery in
preference to the cheapest standard delivery, MADEBYWITTEVEEN does not
have to refund the additional costs of the more expensive method. Except in
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cases in which MADEBYWITTEVEEN has offered to retrieve the product
himself, he can postpone refunding until he has received the product or until
Consumer proves he has returned the product, depending on which occurs
earlier.
7.10. Information about the applicability or non-applicability of a right of
withdrawal and any required procedure will be posted clearly on the Website,
well before the Agreement is concluded.
Article 8. Payment
8.1. Customer shall pay the amounts due to MADEBYWITTEVEEN in accordance
with the ordering procedure and any payment methods indicated on the
Website. MADEBYWITTEVEEN is free to offer any payment method of its
choice and may change these methods at any time. In cases of payment after
delivery Customer will be given a term of payment of 14 days entering on the
day after delivery.
8.2. If Customer does not complete his payment obligation, he will be indebted
the legal interest over the belated payment. MADEBYWITTEVEEN needs to
remind Customer of the belated payment and MADEBYWITTEVEEN has to
give Customer a term of 14 days to complete the payment obligation. After
failing this 14 days term MADEBYWITTEVEEN is allowed to recover any
extrajudicial debt collection costs on Customer. These debt collection costs
are not higher than: 15% of the open payment with a maximum of € 2.500,-;
10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of €
40,-. MADEBYWITTEVEEN is allowed to deviate from the named amounts and
percentages in the advantages of Customer.
Article 9. Warranty and conformity
9.1. This article only applies if Consumer is a natural person who is not acting in
his or her professional or commercial capacity. If MADEBYWITTEVEEN gives a
separate warranty on the products then, without prejudice to the aforesaid,
this applies to all types of Consumers.
9.2. MADEBYWITTEVEEN guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, MADEBYWITTEVEEN also
guarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the Agreement, Consumer
must inform MADEBYWITTEVEEN within a reasonable period of time after he
has discovered the defect.
9.4. If MADEBYWITTEVEEN deems the complaint to be correct, the faulty
product(s) will be repaired, replaced or refunded in consultation with
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Consumer. The maximum amount of compensation is, having regard to the
Article on liability, equal to the price paid by Consumer for the product.
Article 10. Warranty on business purchases
10.1. MADEBYWITTEVEEN guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, MADEBYWITTEVEEN also
guarantees that the product is suitable for other than normal use. Otherwise,
it applies that the product is suitable for normal use.
10.2. If the delivered product is not in conformity with the Agreement, Customer
must inform MADEBYWITTEVEEN within a maximum period of 14 days after
delivery. Should the Customer fail to do so, then the Business Consumer is no
longer entitled to have the product repaired, replaced or (partially) refunded.
10.3. If MADEBYWITTEVEEN deems the complaint to be correct, the faulty
product(s) will be repaired, replaced or (partially) refunded in consultation
with the Customer.
Article 11. Complaints handling procedure
11.1. If Customer has any grievances in connection with a product (in accordance
with the article on warranties and conformity) and/or about other aspects of
MADEBYWITTEVEEN's service, it can submit a complaint by telephone, by
email or by post. See the contact details at the bottom of the General Terms
and Conditions.
11.2. MADEBYWITTEVEEN will respond to the complaint as soon as possible, and in
any case within 7 days after having received it. If it is not yet possible for
MADEBYWITTEVEEN to formulate a substantive reaction to the complaint by
that time, MADEBYWITTEVEEN will confirm receipt of the complaint within 7
days after having received it and give an indication of the term within which it
expects to be able to give a substantive or definitive reaction to Customer's
complaint.
11.3. If Customer is a natural person who is not acting in his or her professional or
commercial capacity, it can file a complaint through the European Online
Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if Consumer is a natural person or a legal entity who
is acting in a professional or commercial capacity.
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12.2. The total liability of MADEBYWITTEVEEN in respect of Consumer due to an
attributable failure to perform the Agreement is limited to compensation not
exceeding the price stipulated for that particular Agreement (including VAT).
12.3. The liability of MADEBYWITTEVEEN in respect of Consumer for indirect
damage or loss, which in any case includes - but is explicitly not limited to -
consequential damage, lost profit, lost savings, loss of data and damage due
to business interruption, is excluded.
12.4. Aside from the cases referred to in the two previous paragraphs of this
Article, MADEBYWITTEVEEN is not subject to any liability at all in respect of
Consumer for damages, irrespective of the ground on which the action for
damages is based. The restrictions set out in this Article, will, however, cease
to apply if and insofar as the damage or loss is the result of an intentional act
or gross negligence on the part of MADEBYWITTEVEEN.
12.5. MADEBYWITTEVEEN will only be liable to Consumer on account of an
attributable failure in the performance of an agreement if Consumer issues a
proper notice of default to MADEBYWITTEVEEN without delay stipulating a
reasonable period of time in which to remedy the failure, and
MADEBYWITTEVEEN also continues to fail to perform its obligations after that
period. The notice of default must contain a description of the failure in as
much detail as possible to enable MADEBYWITTEVEEN to provide an
adequate response.
12.6. Any event giving right to compensation is always subject to the condition that
Consumer reports the damage or loss in writing to MADEBYWITTEVEEN as
soon as possible, but no later than within 30 days after the damage or loss
has arisen.
12.7. In the event of force majeure MADEBYWITTEVEEN is not liable to pay
compensation for any damage or loss Consumer has incurred as a result.
Article 13. Retention of title
13.1. As long as Business Consumer has not made any full payment on the total
amount agreed MADEBYWITTEVEEN will retain ownership of all the goods
delivered (including possible debt collection costs and interest).
13.2. Before the transfer of ownership, Business Consumer is not authorized to,
other than corresponding to his normal company and normal destination of
the goods, sell, deliver or any other way of misappropriation. Furthermore,
Business Consumer is not allowed to pawn the goods or to give any rights
regarding the goods to third parties as long as the transfer of ownership has
not been completed.
13.3. Business Consumer is obliged to keep any goods that are delivered under
reservation of ownership with care and recognizable as property of
MADEBYWITTEVEEN.
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13.4. MADEBYWITTEVEEN is entitled to withdraw any goods delivered under
reservation of ownership and in the possession of Business Consumer, if
Business Consumer has neglected to pay the invoices or has been confronted
with payment difficulties.
13.5. Business Consumer shall give MADEBYWITTEVEEN access to his goods at any
time to inspect and/or to exercise the rights of MADEBYWITTEVEEN.
Article 14. Personal details
14.1. MADEBYWITTEVEEN will process the Consumer's personal details in
accordance with the privacy statement, which can be found at
https://www.madebywitteveen.nl/terms-conditions.
Article 15. Final provisions
15.1. This agreement is governed by the laws of the country of establisment of the
webshop.
15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing
from the Agreement will be submitted to the competent Dutch court in the
district where MADEBYWITTEVEEN has its registered office.
15.3. If any provision set out in these General Terms and Conditions should prove
to be void, this will not affect the validity of the General Terms and
Conditions as a whole. In that case, the Parties will lay down one or more new
provisions in replacement which will reflect the original provision as much as
is possible under the law.
15.4. The term 'written' in these General Terms and Conditions also refers to
communication by email and fax, provided that the sender's identity and the
integrity of the email message have been sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these General Terms
and Conditions, please contact us by email or letter.
MADEBYWITTEVEEN
Middenweg
2023 MC, HAARLEM
Tel.: 0651375647
Email: henk@madebywitteveen.nl
Chamber of Commerce: 74903039
VAT: NL001917714B51
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