Terms & Conditions
GENERAL TERMS AND CONDITIONS
Entrepreneur – Registered in Amsterdam as Local Makers Projects BV – Ferdinand Bolstraat 182, Amsterdam, 1072LV – KVK/Chanber of commerce number is – 74170325
ARTICLE 1. | DEFINITIONS
The entrepreneur: the user of these terms and conditions, trading under the name, established, registered in the Trade Chamber of Commerce.
Buyer: Closing the natural or legal person who has an agreement with the entrepreneur or intended.
Consumer: The buyer referred to in the previous paragraph, a natural person not acting in the exercise of a profession or business.
Agreement: All between the buyer and the entrepreneur through the order process on the website negotiated agreement, which the entrepreneur is committed to the delivery of products.
Website: One of the websites of the business in which the agreement is established.
Products: all in the context of the agreement by or on behalf of the company to the buyer to be delivered.
Right of rescission: the opportunity for the purchaser to terminate the agreement within 14 days after receipt of the goods without giving reasons.
ARTICLE 2. | GENERAL PROVISIONS
The conditions of this eCommerce website apply to each and every offer provided by the entrepreneur and to any agreement that is reached.
Before the contract can reach a conclusion, these conditions are made available for the buyer so that the buyer can be able to save these conditions in a simple manner on a durable medium.
If this under circumstances reasonably possible, before the contract is concluded, indicate where the purchaser of this store conditions may hear, and that they be sent to him free of charge upon request from the buyer by email.
Destruction or invalidity of one or more of these provisions shall not affect the validity of the remaining clauses. In a case where the parties are required to act in concent in order to make alternative arrangements regarding the affected clause. In addition, as much as possible the purpose and intent of the original provision is still observed.
ARTICLE 3. | OFFER AND FORMATION OF THE CONTRACT
The buyer cannot derive any rights offered by the operator that might contain a manifest error or any kind of mistake.
The range of displayed images and mentioned products offers a true reflection or as a complete and accurate description of the offered products on the site. This information is properly and sufficiently detailed to offer a proper assessment of the offer.
The agreement is only concluded when the buyer ‘s order has been confirmed by the the operator via email. In addition to this, the agreement will only be fully concluded if only the buyer meets all of the conditions as stated in the offer.
Shall be deemed sent order confirmation by the operator by e-mail to be received by the purchaser at the time that the order confirmation sent by the entrepreneur. An error in the email address specified by the purchaser at his own risk.
ARTICLE 4. | EXECUTION AND DELIVERY
The delivery of ordered products only takes place at the delivery address that has been specified and confirmed by the buyer, unless expressly agreed that the products are picked up at the location of the entrepreneur. In the absence of the buyer’s delivery address, or a valid billing address, the delivery address deemed to be considered.
The entrepreneur takes the utmost care in the execution and delivery of the order.
The entrepreneur is only obliged to give effect to an order if the buyer has fulfilled the conditions set out in the offer.
The entrepreneur will be accepted orders expeditiously. All delivery times are respected as much as possible, but they concern never deadlines. The failure of the entrepreneur occurs only when it is declared in default by the buyer when a formal request is made him a reasonable time for delivery, and compliance within this period.
From the moment that the failure of the business occurs, the buyer is entitled to terminate the agreement by giving written notice. If the buyer does so, the employer will pay as soon as possible all the buyer receive payments without being obliged to pay any further damage.
The operator reserves the right to effect the delivery of orders in installments occur.
The risk of loss and damage to the goods passes to the buyer when the goods have been taken by or on behalf of the buyer received.
ARTICLE 5. | Force majeure
The entrepreneur is not obliged to fulfill any obligation under the agreement if he is being hampered by a circumstance which, under the law, a legal act or generally accepted in society cannot be allocated. Force majeure is understood by the fact that the entrepreneur by a failure of its suppliers is unable to oblige (in time) to fulfill.
During the duration of the force majeure, the obligations of the employer shall be suspended. If the fulfillment of the contract remains impossible, the entrepreneur will as soon as possible to the purchaser and applies the contract as terminated. Any payments already made will be refunded as soon as possible to the buyer.
Damage caused by force majeure is not at all eligible for reimbursement.
ARTICLE 6. | RIGHT OF CANCELLATION
Except as provided in this and the following article, the buyer may terminate the agreement within 14 days of receipt of the products, terminate without giving reasons.
The buyer who makes use of the right of rescission, the contract may terminate by purpose by email or in accordance with the instructions provided on the offered return form, submit a request to the entrepreneur. As soon as possible after the operator has been informed of the intention of the purchaser to terminate the agreement and is subject to confirm the terms of this article, the entrepreneur will be the termination of the contract by email to the buyer.
If the buyer is entitled to the right of rescission and use them, he must during the period referred to in paragraph 1 to deal carefully with the product and the packaging.
If the buyer of the right of rescission uses, he will return the product undamaged with all accessories and in original condition and packaging to return the entrepreneur.
Notwithstanding the remainder of this store conditions is that if it has been delivered subject arose to write because the buyer has done more than was necessary to assess the nature and or characteristics of the products, the company is entitled this impairment charge bring, whether by offsetting it with the buyer receiving payments.
Return of the goods must be made within fourteen days after the termination of the contract, in accordance with the provisions of paragraph 2 has been confirmed by the entrepreneur.
If the buyer makes use of the right of rescission, the cost of returning the products are for his account.
The entrepreneur the purchaser will receive payments less any impairment as soon as possible but no later refund within fourteen days after termination of the agreement to the purchaser, provided that the products by the entrepreneur are returned, or has been demonstrated by the purchaser that the product actual returns are sent.
ARTICLE 7. | EXCLUSION OF THE RIGHT OF CANCELLATION
The buyer has no right of rescission at:
a) The supply of products that spoil quickly or have a limited shelf life;
b) the supply of products that is not suitable to be returned due to health protection or hygiene and whose seal is broken after delivery;
c) the supply of products which are inseparably mixed after delivery by their nature with other cases;
d) the supply of alcoholic beverages, the price has been agreed at the close of the sale, the delivery of which can only take place after thirty days, and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
e) the delivery of audio and video recordings and computer software whose seal has been broken after delivery;
f) The supply of newspapers, periodicals or magazines, with the exception of a contract for regular delivery of such publications;
g) the supply of digital content which is not supplied on a tangible medium provided the compliance with the express prior consent of the buyer and the buyer has declared that he renouncement of his right of rescission.
ARTICLE 8. | PRICES AND PAYMENTS
All the prices of various brands and/ or products are exclusive of shipping and handling, of which costs are borne by the buyer.
Before the contract has been concluded, the purchaser has the right to get the list of the total price payable by the purchase. This includes tax cost, shipping and also handling cost.
Unless otherwise expressly agreed, payment must be made in advance by one of the ways prescribed by the entrepreneur. The buyer may not assert any rights regarding the implementation of the order to the agreed payment is not received by the entrepreneur.
Any inaccuracy or incompleteness in payment data provided by the buyer shall be immediately notified to the entrepreneur.
If payment by bank transfer is agreed, payment must be made within 14 days after the invoice date, in the manner prescribed by the entrepreneur.
If timely payment is made, the entrepreneur will retain the right to the contract as rescinded and the products no longer hold reserved for the purchaser, without prejudice to its right to demand compliance with the agreement.
From the moment that the failure of the purchaser occurs, the buyer on the outstanding amount is an interest of 1% per month, whereby part of a month as a full month is considered. Notwithstanding the previous sentence, instead of the contractual interest as provided, at the time of the payment default statutory interest if the buyer is acting in the capacity of consumers.
All reasonable costs, including judicial, and extrajudicial execution costs, obtaining by the purchaser amounts, are accounted for.
ARTICLE 9. | COMPLAINTS
Complaints relating to the implementation of the agreement should have been detected within a reasonable time after the buyer defects. It must be fully and clearly described and must also be properly submitted by email to the entrepreneur.
When entrepreneur complaints within a period of fourteen days after receipt answered. If there is a any certain complaint that requires a longer time to be processed, then a reply, that is to be due within fourteen days, will be provided with a receipt and also a clear indication of the date on which the buyer is to expect an answer which is more detailed.
ARTICLE 10. | WARRANTY
Unless expressly agreed otherwise, the warranty on the products is limited to the possible by the manufacturer of the products supplied factory warranty, which is transferred to the buyer.
By the trader, manufacturer or importer does not affect the mandatory statutory rights and claims that consumers are able to assert against the employer.
Without prejudice to any expressly stipulated warranty, any warranty is void if any type of defect on the product is due to an external cause or force or otherwise cannot be imputed to the entrepreneur or its suppliers. Below is not exhaustive understood, defects due to damage, incorrect or improper use and use contrary to the instructions or other instructions or because of the entrepreneur.
ARTICLE 11. | DISCLAIMER
The entrepreneur is never liable for more than, where applicable, provides under warranty. If nevertheless, the entrepreneur liability exists, that liability is limited to the provisions of the present conditions.
The enterpreneur is responsible for any damage that he is liable for. The enteprenuer also always has the right to repair the damage to which he is liable for. The buyer needs the entrepreneur to fulfill this opportunitytask, failing to do so voids all responsibility of the entrepreneur.
The company shall not be liable for damages because he is assumed by or on behalf of the buyer incorrect or incomplete information provided.
The entrepreneur is not liable for damage for which the manufacturer of the products bearing the legal product liability.
The entrepreneur shall also be liable for any indirect damage, which is caused, including loss of profit, loss and damage due to business interruption. If, notwithstanding the provisions of these conditions yet the carrier of liability exists, comes only direct damages recoverable. Direct damage is only:
The reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage comes within the meaning of these terms and conditions for reimbursement;
Any reasonable costs incurred to have the poor performance of the contractor to the contract, where this can be attributed to the operator;
Reasonable costs incurred to prevent or limit damage, insofar as the purchaser demonstrates that these costs have led to reduction of the damage comes within the meaning of these terms and conditions for reimbursement.
If, based on the circumstances of the case, a further liability of the entrepreneur may exist, the liability is limited to a maximum of three times the invoice value of the agreement, at least on that part of the agreement to which the liability relates.
Will never amount to more liability than the amount paid in respect of such case under any insurance liability of the entrepreneur.
Except in the case of willful misconduct or gross negligence of the operator, the buyer will be the operator harmless from all claims of third parties, on any grounds whatsoever in respect of compensation of damage, costs or interest, in connection with the execution of the agreement by the entrepreneur, and the use of products supplied by the trader.
Notwithstanding the statutory limitation period, barred all claims and defenses against the employer by the lapse of one year.
The provisions of this Article, the mandatory statutory rights of consumers remain unaffected.
ARTICLE 12. | RETENTION
Any and including all products that are supplied by the trader remain his property until the buyer has been confirmed to have fulfilled all of his obligations under the contract in a way that is deemed fit.
The buyer is prohibited to sell the products which the retention of title, pledge or encumber in any other way, to the extent not to be regarded as unacceptable in the context of its normal business operations.
If third parties seize the products subject to retention of title or rights to establish or exercise, the buyer is obliged to notify this entrepreneur as soon as possible.
The buyer gives unconditional consent to the operator or third parties designated by the operator to enter the places where the products subject to retention of title are located. The entrepreneur is in default of the purchaser shall be entitled to take back the products listed here. All this-related reasonable costs borne by the buyer.
ARTICLE 13. | RETURNS POLICY
Are you not satisfied about your products or did you receive faulty items?
There is a 14 day cooling off period on all of the products we provide.
Refunds: provided within 14 days after we receive our products back.
Faulty items: in 90% of all the cases, you receive a working product within 14 days.
ARTICLE 14. | FINAL PROVISIONS
Every agreement and all obligations between the buyer and the entrepreneur legal relations, under the law.
Parties will first appeal to the court only if they have tried their best to try and resolve the dispute by mutual agreement.
Unless the law compelling them differs, only the competent court appointed within the district of the domicile of the entrepreneur to hear disputes.