terms of delivery


Definitions

  1. Makr-tools: Allforsale, established in Appelscha under 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.

Applicability of terms of delivery

  1. These terms and conditions of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Makr-tools.
  2. Parties may only deviate from these terms of delivery if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, Makr-tools is entitled to 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 is also liable to pay extrajudicial collection costs and any compensation 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 fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Makr-tools' claims on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Makr-tools, he is still obliged to pay the full agreed price to Makr-tools.

Right of complaint 

  1. As soon as the customer is in default, Makr-tools is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Makr-tools invokes the right of complaint by means of a written or electronic communication.
  3. Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Makr-tools, unless the parties make other arrangements in this regard.
  4. The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal 

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been tailor-made or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
  • the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a journey, ticket, catering order or form of leisure activity
  • the product is not a loose magazine or loose newspaper
  • it does not concern an (order for) emergency repair
  • the consumer has not waived his right of withdrawal
  1. The 14-day reflection period referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has received the first product with a subscription
    • as soon as the consumer has purchased a service for the first time
    • once the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make his/her appeal to the right of withdrawal known via info@makr-tools.com, if desired using the withdrawal form that can be downloaded from the Makr-tools website, makr-tools.com.
  3. The consumer is obliged to return the product to Makr-tools within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

  1. If the consumer has made timely use of his right of withdrawal and as a result 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 on time and in full.
  2. Delivery costs will only be borne by Makr-tools if the entire order is returned.

Return shipping costs reimbursement

If the consumer exercises his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Right of suspension

Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.

Right of retention

  1. Makr-tools may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to 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 from which the customer still owes payments to Makr-tools.
  3. Makr-tools is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

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

Retention of title 

  1. Makr-tools remains the owner of all delivered products until the customer has fully met all its payment obligations towards Makr-tools, including claims regarding failure to comply with the agreement.
  2. Until then, Makr-tools may at any time invoke its right of 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 invokes its retention of title, the agreement will be deemed to have been terminated and Makr-tools will be entitled to claim damages, lost profits and interest.

Delivery

  1. Delivery will take place while stocks last.
  2. Delivery will take place at Makr-tools, unless the parties have agreed otherwise.
  3. Delivery of products ordered online will take place at the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, Makr-tools has the right to suspend its obligations until the agreed portion has been paid.
  5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Makr-tools.

Delivery time 

  1. The delivery times stated by Makr-tools are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Makr-tools.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Makr-tools cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item is transferred to the customer at the time the item is placed in the customer's possession.

Shipping costs 

Transportation costs are for the account of the customer, unless the parties have agreed otherwise.

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 or delivery person before accepting receipt of the product, failing which Makr-tools cannot be held liable for any damage.
  2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to Makr-tools prior to transport, failing which Makr-tools cannot be held liable for any damage.

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.

Warranty

  1. The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if 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.

Swap 

  1. Exchanging purchased items is only possible if the following conditions are met:
  • Exchanges can be made within 14 days of purchase upon presentation of the original invoice.
  • the product is returned in the original packaging or with the original (price) tags still attached
  • the product has not yet been used
  1. Discounted items, non-durable items such as food, custom-made items or items specially adapted for the customer and Used items cannot be exchanged.

Disclaimer

The customer indemnifies Makr-tools against all claims from third parties relating to the products and/or services supplied by Makr-tools.

Complaints

  1. The customer must examine a product or service supplied 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 from the agreement, the customer must inform Makr-tools of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
  3. Consumers must inform Makr-tools of any deficiencies within 2 months of discovering them.
  4. The customer must provide as detailed a description as possible of the shortcoming, so that Makr-tools is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this may in any case not lead to Makr-tools being required to perform work other than that agreed upon.

Notice of default

  1. The customer must notify Makr-tools of any notice of default in writing.
  2. It is the customer's responsibility to ensure that a notice of default actually reaches Makr-tools (on time).

Customer's joint and several liability

If Makr-tools enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Makr-tools under that agreement.

Liability Makr-tools

  1. Makr-tools is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
  2. If Makr-tools is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. Makr-tools is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
  4. If Makr-tools is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, 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 are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry date

Any right of the customer to compensation from Makr-tools shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Right of withdrawal

  1. The customer has the right to terminate the agreement if Makr-tools is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
  2. If compliance with the obligations by Makr-tools is permanently or temporarily impossible, dissolution can only take place after Makr-tools is in default.
  3. Makr-tools has the right to terminate 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 fear that the customer will not be able to properly fulfil his obligations.

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Makr-tools to fulfil any obligation towards the customer cannot be attributed to Makr-tools in a situation beyond the control of Makr-tools, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect Makr-tools to fulfil its obligations.
  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and 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 again.
  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
  5. In the event of force majeure, Makr-tools is not liable for any (damage) compensation, even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms of delivery

  1. Makr-tools is entitled to change or supplement these terms of delivery.
  2. Minor changes may be made at any time.
  3. Makr-tools will discuss major content changes with the customer in advance as much as possible.
  4. A consumer is entitled to cancel the agreement in the event of a material change to the terms of delivery.

Transfer of rights

  1. Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Makr-tools.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these terms and conditions of delivery 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.

Applicable law and competent court

  1. These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
  2. The Dutch court in the district where Makr-tools is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Applicability of terms of delivery

  1. These terms of delivery apply from April 12, 2024.