Terms and Conditions

General terms and conditions Makr-tools

Email: info@makr-tools.com
Website: makr-tools.com


Article 1 - Definitions

  1. Makr-tools: Allforsale , established in Appelscha, Chamber of Commerce number 69998361.
  2. Customer: the person with whom Makr-tools has entered into an agreement.
  3. Parties: Makr-tools and Customer together.
  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Makr-tools.
  2. Makr-tools and the Customer may only deviate from these conditions if this has been agreed in writing.
  3. Makr-tools and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices

  1. Makr-tools uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Makr-tools may always change the prices of its services and products on its website and in other expressions.
  3. Increases in the cost prices of products or parts thereof, which Makr-tools could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models

  1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment terms

  1. When entering into the agreement, Makr-tools may request a down payment of up to 50% of the agreed amount.
  2. The Customer must have made a subsequent payment within 7 days after delivery.
  3. The payment terms used by Makr-tools are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without Makr-tools having to send the Customer a reminder or put him in default.
  4. Makr-tools may make a delivery dependent on immediate payment or require security for the total amount of the services or products.

Article 6 - Consequences of late payment

  1. If the Customer does not pay within the agreed term, Makr-tools may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby a part of a month is counted as a whole month.
  2. If the Customer is in default, he must also pay extrajudicial collection costs and any damages to Makr-tools.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the Customer does not pay on time, Makr-tools may suspend its obligations until the Customer has paid.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Customer, Makr-tools' claims on the Customer shall be immediately due and payable.
  6. If the Customer refuses to cooperate with the execution of the agreement by Makr-tools, he must still pay the agreed price.

Article 7 - Right of complaint 

  1. If the Customer is in default, Makr-tools may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
  2. Makr-tools exercises its right of complaint by means of a written or electronic communication to the Customer.
  3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Makr-tools, unless otherwise agreed in writing.
  4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 8 - Right of withdrawal 

  1. A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This right of withdrawal does not apply when:
  • the product has been used
  • it is a product that can spoil quickly, such as food or flowers
  • it is a product that has been tailor-made or adapted specifically for the consumer
  • it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
  • the seal is not intact, in the case of data carriers with digital content, such as DVDs or CDs
  • the product or service concerns accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity
  • the product is a loose magazine or loose newspaper
  • the consumer has waived his right of withdrawal
  1. The 14-day reflection period in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • once the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make use of his cooling-off period by sending an email with that subject to info@makr-tools.com, possibly using the withdrawal form available on the Makr-tools website, makr-tools.com.
  3. The consumer must return the product to Makr-tools within 14 days of notifying his right of withdrawal, otherwise his right of withdrawal will lapse.

Article 9 - Reimbursement of delivery costs

  1. If the consumer has cancelled his purchase on time and has returned the entire order to Makr-tools on time, Makr-tools will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.
  2. Delivery costs will only be borne by Makr-tools if the entire order is returned.

Article 10 - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 11 - Right of suspension

  1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 12 - Right of retention

  1. Makr-tools may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Makr-tools, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Makr-tools.
  3. Makr-tools is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 13 - Settlement

  1. Unless the Customer is a consumer, he waives his right to offset a debt to Makr-tools against a claim on Makr-tools.

Article 14 - Retention of title 

  1. Makr-tools shall remain the owner of all delivered products until the Customer has paid all outstanding invoices from Makr-tools relating to an underlying agreement, including claims due to failure to perform.
  2. Until that time in paragraph 1, Makr-tools may exercise its retention of title and take back the items.
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If Makr-tools exercises its retention of title, the agreement will be terminated and Makr-tools may claim damages, lost profits and interest from the Customer.

Article 15 - Delivery

  1. Delivery will take place while stocks last.
  2. Delivery will take place at Makr-tools, unless otherwise agreed.
  3. Delivery of products ordered online will take place at the address specified by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay them on time, Makr-tools may suspend its obligations until the Customer pays.
  5. In the event of late payment, the creditor is in default, meaning that the Customer cannot object to late delivery to Makr-tools.

Article 16 - Delivery time 

  1. The delivery times of Makr-tools are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Makr-tools.
  3. The Customer will not receive any compensation and may not cancel the agreement if Makr-tools delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Makr-tools cannot deliver within 14 days, after having been reminded in writing or the Customer and Makr-tools have agreed otherwise.

Article 17 - Actual delivery

  1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 18 - Transport costs 

  1. The Customer shall pay the costs for transport, unless the Customer and Makr-tools have agreed otherwise in writing.

Article 19 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold Makr-tools liable for any damage.
  2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Makr-tools prior to transport. If the Customer does not do this, he cannot hold Makr-tools liable for any damage.

Article 20 - Storage 

  1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 21 - Warranty

  1. The warranty on products only applies to defects caused by defective workmanship or construction or defective materials.
  2. The warranty does not apply:
    - in the event of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage caused by negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 22 - Exchange 

  1. The Customer may exchange a purchased item. The following conditions apply:
  • Exchanges can be made within 14 days of purchase, provided the Customer can show the original invoice.
  • the product is returned in its original packaging and with the original price tag attached
  • the product has not yet been used
  1. Discounted items, perishable products, custom-made items or items specially adapted for the Customer and used items cannot be exchanged.

Article 23 - Indemnification

  1. The Customer shall indemnify Makr-tools against all claims from others relating to the products and/or services supplied by Makr-tools.

Article 24 - Complaints

  1. The Customer must examine a product or service provided by Makr-tools as soon as possible for any deficiencies.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Makr-tools of this within 1 month of discovering the shortcoming.
  3. A consumer must inform Makr-tools of the shortcoming within 2 months of discovering it.
  4. The Customer shall provide as detailed a description as possible of the shortcoming, so that Makr-tools can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Makr-tools.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Makr-tools perform work other than that agreed upon.

Article 25 - Notice of default

  1. The Customer must notify Makr-tools of any notice of default in writing.
  2. The Customer is responsible for ensuring that his notice of default actually reaches Makr-tools on time.

Article 26 - Customer Liability

  1. When Makr-tools enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 27 - Liability Makr-tools

  1. Makr-tools is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
  2. If Makr-tools is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
  3. Makr-tools is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
  4. If Makr-tools is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance is concluded or no amount of damages is paid out, then the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 28 - Expiry period

  1. Any right of the Customer to compensation from Makr-tools expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Article 29 - Dissolution

  1. The Customer may cancel the agreement if Makr-tools is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
  2. If Makr-tools is still able to fulfil its obligations, dissolution can only take place after Makr-tools is in default.
  3. Makr-tools may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Makr-tools has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 30 - Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Makr-tools by the Customer cannot be attributed to Makr-tools in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes, among other things:
    - an emergency such as a civil war or natural disaster
    - default or force majeure of suppliers, deliverers or others
    - power, electricity, internet, computer or telecom outages
    - computer viruses
    - strikes
    - government measures
    - transportation problems
    - bad weather conditions
    - work stoppages
  3. If a force majeure situation occurs as a result of which Makr-tools cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Makr-tools can fulfil them.
  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Makr-tools may cancel the agreement in writing in whole or in part.
  5. In the event of force majeure, Makr-tools is not obliged to pay compensation to the Customer, even if Makr-tools benefits from this.

Article 31 - Amendment of agreement

  1. If it is necessary to change a concluded agreement for its execution, the Customer and Makr-tools may adjust the agreement.

Article 32 - Amendment of general terms and conditions

  1. Makr-tools may change these terms and conditions.
  2. Makr-tools may always implement changes of minor importance.
  3. Makr-tools will discuss major changes with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 33 - Transfer of rights

  1. The Customer may not transfer any rights under an agreement with Makr-tools to others without the written consent of Makr-tools.
  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 34 - Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Makr-tools had in mind when drawing up the conditions on that point.

Article 35 - Applicable law and competent court

  1. These general terms and conditions and any underlying agreement between the Customer and Makr-tools are governed by Dutch law.
  2. The court in the district where Makr-tools is established has exclusive jurisdiction to hear any disputes between the Customer and Makr-tools, unless the law provides otherwise.

Article 36 - Complaints procedure

  1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 37 - Depreciation

1. If the product is damaged or the packaging is damaged more than necessary to try the product, we can pass on this reduction in value to you. So treat the product with care and make sure that it is well packaged when returned.