Madal Bal registered address 2514 CL Den Haag, Denneweg 126 B.
Filed on 01-01-2014 at the Chamber of Commerce Haaglanden under number 59649984 and VAT number NL853588284B01.
Article 1 Applicability
- These conditions apply to all offers, contracts to supply goods and/or services, in the broadest sense of the word, of Madal Bal or with a party who is a natural person and not acting in the exercise of a business or profession (“the consumer”).
- Unless otherwise agreed in writing, the terms and conditions provided pursuant to this Article under 1. are considered by consumers to be accepted.
- These conditions also apply to agreements for their implementation if third parties are involved.
Article 2 Offers and conclusion of agreement
- All offers made are without engagement. They are valid for 14 days, unless otherwise indicated.
- All price lists provided with an offer, brochures and other information have been prepared as accurately as possible. These are binding for Madal Bal only if expressly confirmed in writing. As provided with an offer, all remain the intellectual property of Madal Bal or third parties, and must be returned at the first request.
- Madal Bal reserves the right to refuse orders without giving any reason, to demand payment in advance and/or at any time to require security for the payment obligations.
- Madal Bal cannot be held to its offers and tenders if the consumer, in terms of reasonableness and fairness and in society’s prevailing views, ought to understand that the offer or tender contains in part an obvious mistake or error.
- If the acceptance (on secondary items) from the offer, Madal Bal is not bound. The agreement is not in accordance with said deviating acceptance, unless Madal Bal indicates otherwise.
- In a compound quotation Madal Bal reserves the right not to deliver part of the goods included in the offer or tender against a corresponding part of the quoted price. Offers and tenders shall not apply automatically to repeat orders.
- Unless otherwise agreed in writing, the agreement is concluded by the timely acceptance of the offer of Madal Bal.
Article 3 Complaints
- The consumer is obliged at the time of delivery, or in any case within the shortest possible time, to make investigations. While consumer explores whether the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that in normal (business) traffic fees.
- Any visible defects must be reported in writing to Madal Bal within three days of delivery, with the simultaneous submission of the defective product, unless this is impossible or unreasonably onerous.
- Non-visible defects should be reported to Madal Bal no later than sixty days after discovery, subject to the last paragraph of this article.
- If a situation referred to in this Article Section 2 or Section 3 occurs, Madal Bal will replace or arrange for repair of the product within a reasonable time after receipt or, if return is not reasonably possible, following notification of the defect by the consumer. In case of replacement, the consumer shall still undertake to return the replaced good to Madal Bal immediately and to transfer ownership to Madal Bal.
- In this article under certain conditions 4 does not apply if the defect is caused due to improper or inappropriate use or when, without written permission of Madal Bal, the consumer or third parties have made changes or attempted to make the case or have used for purposes for which the case is not intended.
- Returns can only be made with the written permission of and in the manner specified by Madal Bal.
Article 4 Prices
- The prices quoted by Madal Bal are net in € (Euros), including VAT, and the costs of shipping are listed where applicable.
- Special additional customs clearance fees and/or import duties are not included in the price and are payable by the consumer.
- If Madal Bal agrees with the consumer at the conclusion of the contract a certain price, Madal Bal is nevertheless entitled to increase the price, even if the price were not given subject.
- If a price increase takes place within three months after the conclusion of the contract, the consumer may rescind the contract by a written statement regardless of the percentage of the increase, unless the price increase is resulting from a power or a Madal Bal obligation under the law or if stipulated that the episode is longer than three months after the sale will take place.
Article 5 Ownership
Madal Bal remains the owner of the delivered goods until the purchase price has been paid in full.
Article 6 Payment Terms
- Payment is made by credit card or by deposit in a place designated by Madal Bal bank or giro account in currency invoiced.
- An appeal to any deduction or set-off on the part of the consumer is never allowed.
- In the case of bankruptcy, suspension of payment, application of the law of debt restructuring of natural persons or receivership, the claims of Madal Bal and the obligations of the consumer to Madal Bal are due immediately.
- Complaints on an independent part of an itemized invoice never exempt the consumer from his obligation to pay within the specified time, in respect of the other items of note.
- The consumer is automatically in default by the end of the payment without warning or notice of default.
- When the bill after aforementioned payment is wholly or partly unpaid, Madal Bal will charge the consumer a default interest of 1% per month or part of a month, or at the discretion of Madal Bal, the prevailing statutory rate.
- In case of extrajudicial consumers addition to the principal and interest owed to the usual collection costs, with a minimum of EUR 50, -. The obligation to pay these costs follows from the mere fact of the instruction of the debtor by a third party debt collector.
- In case of judicial collection, including a petition for bankruptcy, the consumer remains beside the court costs, also including attorney fees, also owe interest and extrajudicial costs.
Article 7 Delivery and risk
- Unless otherwise agreed, delivery is from the warehouse of Madal Bal.
- The consumer is obliged to take delivery of the goods purchased at the time at which they are available or be handed over to him.
- If the consumer refuses or fails to provide information or instructions necessary for the delivery, the goods destined for delivery shall be stored at the risk of the consumer after Madal Bal has informed him. In that case all additional costs are due from the consumer.
- Come Madal Bal and consumers agree upon, shall be delivered free of charge purchases unless Madal Bal at the conclusion of the agreement to the consumer has notified the established conditions. Madal Bal reserves the right to invoice for delivery costs for delivery.
- If Madal Bal requires information from the consumer in the context of execution of the agreement, the delivery shall commence after the consumer to Madal Bal made available.
- Stated delivery times will never be regarded as a deadline, unless expressly agreed otherwise in writing. In late delivery Madal Bal should therefore be given in writing.
- The risk in the goods passes from Madal Bal to the consumer at the time of delivery or, if applicable, at the time of delivery.
Article 8 Cancellation and amendment
- Modification or cancellation of an order for any reason whatsoever requires the written consent of Madal Bal.
- The varying costs resulting from modification of the contract will be settled, taking into account already made from being unprofitable operations.
- In the case of unilateral not by these conditions allowed the cancellation of a contract by the consumer, such compensation is payable in respect of costs incurred and loss of profit.
Article 9 Madal Bal Liability
- Madal Bal is first liable for not timely, improper fulfillment of contracts once Madal Bal has given written notice, after which Madal Bal must be awarded a period of one month to yet properly fulfill the agreement, before Madal Bal may be involved in legal proceedings.
- Madal Bal is furthermore not liable for any damage other than liability as expressly provided for in these conditions. In particular, Madal Bal is not obliged to pay for direct or indirect damage, as a result of acts or omissions of persons whose services Madal Bal use.
- Madal Bal is never liable for consequential damages. For other damage, even in cases of liability under Title 3, Section 3 of Book 6 BW, Madal Bal is never liable to a higher amount than the amount the insurer pays Madal Bal where applicable.
- The provisions of this Article under 2 and 3 do not apply if there is intent or gross negligence on the part of Madal Bal.
- Madal Bal is not liable if the damage is due to intent and/or gross negligence and/or culpable action, or injudicious or improper use by the consumer.
Article 10 Force Majeure
- Madal Bal is not liable for not incorrect or late performance due to force majeure in the broadest sense of the word.
- In this case the following shall be regarded as force majeure:
- disruptions in the business, or obstacles in which the normal performance of the contract is prevented, or is made more costly or difficult;
- strike, illness or accident of staff responsible for performing the contract;
- war, threat of war, riots, natural disasters, fire, transport obstructions, government measures being the implementation of the influence of order as well as all other unforeseen events in the company of Madal Bal, or in companies involved in business with Madal Bal business relating to the assignment;
- delayed or incorrect delivery of any cause, materials etc. properly ordered by Madal Bal in timely manner.
- In case of force consumers Madal Bal will to conditions for a reasonable period after the agreed date on which the command is to be executed, give the opportunity to still fulfill its obligations. If the force majeure persists, Madal Bal has the right to demand that the order be changed so that it is enforceable. If the latter is not reasonably possible, the parties each have the right to consider the agreement as dissolved, possibly by the consumer affairs provided without compensation by Madal Bal will be returned to the consumer. The declaration of dissolution must be made in writing to the other party. Upon dissolution neither party is entitled to any compensation from the other .
Article 11 Suspension and termination
- Each agreement is entered into under conditions precedent that the payment position of the consumer under by Madal Bal obtain information turns out to be sufficient.
- Gerretsen MadalBal is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:
- The consumer does not or does not fully comply with the obligations under the agreement.
- after the conclusion of the agreement Madal Bal learns of circumstances giving good ground to fear that the consumer will not fulfill his obligations. In case there is good reason to fear that the consumer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far as the shortcoming justifies.
- the consumer at the conclusion of the agreement was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or insufficient.
- Furthermore Madal Bal is entitled to terminate the agreement if circumstances arise of such a nature that fulfillment of the contract is impossible or to standards of reasonableness and fairness can no longer be expected or if other circumstances arise of such nature that the unaltered maintenance of the agreement cannot reasonably be expected.
- If the agreement is terminated, the claims Madal Bal payable immediately on consumers. If Madal Bal suspends fulfillment of his obligations, he retains his rights under the law and agreement.
- Madal Bal always retains the right to claim damages.
Article 12 Copyrights
- The copyright and ownership of the Madal Bal provided to the consumer works protected by copyright rests with Madal Bal or its supplier. Reproduction and publication is permitted only if and to the extent expressly provided for in the contract or with the prior written permission of Madal Bal.
- Exempting the consumer Madal Bal in and out of court claims (third party) holders for infringement of copyright and/or other rights, which claims arising from actions of consumers contrary to in this Article under 1. certain.
Article 13 Disputes and applicability
- All disputes which may arise shall be settled under the agreement by a legally competent court.
- Unless otherwise agreed in writing, all agreements are governed by Dutch law.
Article 14 Amendments
Madal Bal reserves may change the law for these Terms and Conditions at any time.
Conditions applicable in case of distance selling.
If a purchase agreement with the consumer comes about only through the website of Madal Bal, the following conditions apply in addition to the aforementioned conditions.
Article 15 Establishment Agreement
- At the moment the consumer has completed the order process on the website of Madal Bal, the order is final. The purchase agreement is concluded only after the consumer of Madal Bal receives a confirmation email.
Article 16 Returns Policy
- Within fourteen working days of receipt of the order, the consumer has the right to terminate the contract without giving any reason.
- Simultaneously with the termination statement the order must to be returned in the condition it was in when received. Only unused products in original and unopened packaging are accepted. All returns must always be accompanied by the original, supplied (pack) receipt and the bank account number of consumers, so that the amount paid may be refunded to the consumer.
- The return costs are borne by the consumer.
- Paid by Madal Bal within thirty days after termination refunded.
- If the order with return receipt by Madal Bal is not in the state as aforesaid then the consumer is obliged to compensate by Madal Bal in that context suffered. In that case, Madal Bal has the right to set off the loss with the Madal Bal by repaying to the consumer price.