These General T. & C. consists of 10 articles.
1. Singular, plural, exordium.
The definition of words in these Terms and Conditions in singular
includes the plural
form and vice versa. If, in cases of referring to entities or persons, a certain sex is used, it references to every other sex too. References to natural persons also include legal persons. Exordium
or numbering of articles are intended to facilitate reference to articles and will not affect the interpretation of the relevant articles. ---
2. Definitions and identity.
Explanation of abbreviations and terms: ---
= MaîtreTricot.com®™© = legal entity Entreprise le Maître, acting in name of MaîtreTricot.com / MeesterBreier.nl / MeesterBreier.be / MasterKnitwear.co.uk / MeisterStrickWaren.de / MeisterStrickWaren.lu / MaitreTricot.fr, who offers goods to the Client. ---
# Identity MT
; Entreprise le Maître, Groenendaal 16, 9722 CR Groningen, tel; +31-6-34759215, inet; www.maitretricot.com
, email; email@example.com
, cocnr; 63014718, taxnr; NL116924330B01, IBANnr; NL63ABNA0591590689, BICcode; ABNANL2A. ---
= the Client = every person who accepted offers done by MaîtreTricot.com. ---
= General Terms and Conditions MaîtreTricot.com. ---
= the Agreement = sale and/or purchase, including orders leading too sale and/or purchase, of goods and/or services realised by MT and tC , whether or not at distance. ---
= the Goods = the ordered goods and/or services.. ---
= a (week)day, including or in between, Monday to Friday. Holidays excluded. ---
3. Acceptance GTCMT and tA.
tC declares to have accepted
the GTCMT and tA, done by himself or on his behalf, completely and irrevocably. If parties decide to deviate from the GTCMT and/or tA, these deviations must be done in writing and agreed upon back and forth. Means of email to this purpose is also accepted as “in writing”. In case that tC refers to his terms too, his terms and conditions are explicitly not applicable. MT is not responsible, tC accepts that MT is not responsible, and tC does not hold MT responsible, for (consequences of) printing errors. Images used are meant as guidelines. Prior to tA, tC has the possibility to take notice of the GTCMT, and print or save it by electronic means. Sending or handing over is possible, once, free of charge, if tC requests so. ---
4. Establishing of Agreement / Retention.
tA, under what so ever name, will directly be established
and valid, as soon as MT receives an order or command from tC, to deliver tG. ---
tG are afflicted with the rights of retention
. tG will explicitly stay property of MT, until tC has made full payments, no matter if tG are already in tC possession or not. ---
All offers of MT, in whatever form, are for MT non-committal unless they contain a time for acceptance, and are always based on delivery under normal circumstances and normal working hours. In case of errors in edit or software or other contingence situations, MT has the right to remit tA, providing tG have not been sent yet. ---
In case of a non-committal offer is accepted by tC, MT has the right to revoke the offer within two working days after receiving the acceptance. ---
tG which offered by MT consists and are intent for personal use only, as so accepted by tC at the time of accepting tA. ---
5. Prices / payments / refunds.
As long as not explicitly otherwise mentioned, all prices
are in Euro’s and included tax. The listed price is always meant as target price. MT reserves the right to practice price changes, even according to not yet finalized agreements. When in such case prices arise, tC has the right on free cancellation of tA. ---
Shipping costs are mentioned under 6.4 en 6.5. ---
The amount due must be paid
in advance on a, by MT, made available payment method, using a currency requested by MT . ---
In case of refunds
, MT endeavours to do so at most urgent speed, however the legal period for refunds is fourteen (14) consecutive calendar days immediately following upon receipt of the returned items. ---
6. Execution and processing of orders.
All items are usually on stock and will be executed
and shipped the same workday as ordered by tC, provided that payments thereabout are received by MT befóre 17:00. If an order is placed on other days as workdays (ex. Saturday, Sunday, holiday) it will be processed at the next business day. If an unfortunate case of “out of stock” situation occurs, the order will be held in backorder to be processed as soon as possible. If the backorder (due to any reason) cannot be processed, tC will be informed and refunds will be made. All mentioned delivery- and/or deadlines are to be read as indications and will never lead to ratifications and/or liabilities. In cases it is impractical for MT to follow up her standards on certain workdays, she will publish so on her homepage, in red. --
As soon as tC orders, such order will only then be processed
as soon as payments have been received by MT. ---
Delivery deadlines inside the Netherlands are usually one (1) workday. If tC orders at Friday, it might be that next Tuesday will be delivery-day. Shipments to the Frisian Islands, shipments outside the Netherlands but inside the EU, may include extra days. Shipments outside EU will be processed in consultation, however will take several days up to 2 (two) weeks. ---
Shipping from MT to tC is free of charge, as long as the delivery address is situated in the EU. ---
Shipping from MT to tC with a delivery address outside the EU, contains extra costs and will be cleared during ordering-process. ---
As soon as your package hits the scanner of the shipper, you will be provided with a “has-been-send” message, and if provided a track and trace code. ---
MT has the right to ship your order in multiple parts. In such case, extra shipping costs are to be charged to MT. MT can however, if tA consists of multiple articles, delay shipment until shipment can be done in once. ---
In case of an unfortunate “out-of-stock” situation occurs, or articles seem to be sold out, tC will have no right of compensation. ---
Possible added details to tA will only than be obliged to MT if these additions are done in writing and explicitly confirmed by MT. ---
7. Cancellation / cooling off period / swap / guarantee / complaints.
Befóre an order has been received by tC, he can cancel
tA. To do so, he needs to send an email to firstname.lastname@example.org
, including the name of purchasing client, date of purchase, order number of purchase. Refunds are done according to article 5.4. If tC cancels after shipment has been deployed, he cancels conform article 7.2. If tC purchased a custom made product (produced according to his wishes) he has no cancellation possibility and was the order final already at the moment of payments. ---
As soon as tC receives the shipment, he can use the cooling off period
to determine yes or no to keep tG. This period starts the day after the shipment has been delivered and expands fourteen (14) consecutive calendar days. In case of forcing the cooling off period, so to say that tC wants to cancel tA, it is sufficient for him to return the shipment at his own costs and own risks to sender. However it is most appreciated and cooperative if he informs MT about his returnment, prior to shipping it, by sending an email to email@example.com
including the name of purchasing client, date of purchase, order number of purchase. It is advised to enclose the invoice or packing slip. It is mandatory to tC to ask for, and keep, prove of return-shipment, issued by his courier. Returnments needs to done on a way that shipment-damage is not to be expected. Refunds will be done after receiving the return-shipment, free of damage, according to article 5.4. If the cooling off period expires, the purchase is final. If tC purchased a custom made product (produced according to his wishes) he has no cancellation possibility and was the order final already at the moment of payments.---
As soon as tC receives the shipment, he can use the cooling off period to determine yes or no to swap
tG. This period starts the day after the shipment has been delivered and expands fourteen (14) consecutive calendar days. In case of forcing the swap possibilities, so to say that tC wants to trade in tA, it is sufficient for him to return the shipment at his own costs and own risks to sender. However it is most appreciated and cooperative if he informs MT about his returnment, prior to shipping it, by sending an email to firstname.lastname@example.org
c. It is advised to enclose the invoice or packing slip and also to mention on them whereto to be swapped. It is mandatory to tC to ask for, and keep, prove of return-shipment, issued by his courier. Returnments needs to done on a way that shipment-damage is not to be expected. Resending the new articles to tC will only than be initialised as soon as MT receives the return-shipment, free of damage. If the cooling off period expires, the purchase is final. If tC purchased a custom made product (produced according to his wishes) he has no cancellation possibility and was the order final already at the moment of payments.---
tC can call on guarantee
. This is executed by MT conform the definition done by the Dutch organisation Thuiswinkel Waarborg
. It says: “A product should contain these characteristics which are needed for regular use. In short: do what the byer reasonably may expect. It means that the product should not reveal defects during a normal life span in normal conditions. If it is clear that the product does not meets the expectations – so to say that it reveals defects – it is up to the supplier to, initially, restore it free of charge. Or, if restoring isn’t possible, replace it by a similar product. Or, if replacing isn’t possible, dissolve tA. If the product has been used for over a longer period, the supplier does not need to refund the whole purchase amount. In case of repairing, it is allowed that the supplier may calculate repairing costs if repairment extends its life span. These legal regulations (in the Netherlands) are always in force, outside other given guarantee like fabric-guarantee. These regulations may not be limited. As soon as it is determined that the product has not been used as it is meant to be used, or shows excessive wear, the legal regulation does not apply.
tC can also call on manufacturer-garanteee. Also this form is executed by MT conform the definition done by the Dutch organisation Thuiswinkel Waarborg
. It says: “Manufacturer-guarantee is an extra form of guarantee, granted by the manufacturer, outside the regular guarantee. The legal regulation may not be limited. Manufacturer-guarantee is a small extra for tC and can be claimed directly at the manufacturer (in the Netherlands). As the manufacturer-guarantee expires, it is not said that there is no guarantee at all left. tC may have some rights due to legal regulations.
”. In case of invoking guarantee, it is mandatory for tC to announce this invoke via email@example.com
including the name of purchasing client, date of purchase, order number of purchase, added with a complete description of the complaint, if possible with attached detailed photo’s. MT will contact tC to discuss further process. ---
In case of invoking the rights as mentioned in article 7.1 and/or 7.2 and/or 7.3, tG may not have been used (other than “fitting” shortly) and/or damaged, and/or stripped from seals or labels, (read: stripping seals and/or labels is explicitly prohibited before determining to final the purchase). Also not in case of “fitting”. If 7.5 has not been followed, the purchase is final. ---
In case of complaints
, tC should apply such to MT via the emailadres: firstname.lastname@example.org
. It should inclose his personal details and the ordernumber to which the complaint relates, including a specified description of his complaint. MT advises to include a (fair and reasonable
) solution to consider. If tC and MT do not reach a, to both satisfaction, solution tC may contact the Online Dispute Resolution (ODR), to be found via www.ec.europa.eu. This is an official, external and independent body which can be accessed before court is deployed and is handled completely digital. ---
To perform maintenance
(a.o., but not only, washing), MT advises to have knitwear maintained by companies who are specially equipped for knitwear. ---
If tC applies self-service, MT importunately repeats 8.1. If tC still wants to go on self-service, MT advises to study the link “F.A.Q.’s”, on his website, at the top of the page. ---
9. Safety & Privacy.
According to safety and privacy, it is mandatory for MT to apply existing legal regulations
. MT will not use privacy details other than to execute their orders and digital storing them. ---
MT is a registered trademark, including copyrights. Nothing of her websites or these GTCMT may be used by third parties, without explicit permission in writing, for any cause, in any way, by anybody. All rights reserved. ---
At any visit by tC to MT, cookies are used to fulfil the functionality of the website. According to Dutch law, it is mandatory for MT to inform tC at his visit. tC can choose yes or no to agree. According to the Dutch organisation “consumentenbond”
, the definition of cookie is: “A cookie (also known as HTTP cookie) is a small text file which is placed on your hard disk at the moment you visit its site. Main function of cookies is to differentiate customers from each other. Cookies are often used on sites where you need to log in. A cookie makes sure you keep logged in while using the site.
10. Divisibility, scope and interpretation, applicable law.
As soon as provisions or articles of tA and/or the GTCMT seem not to be legal, tA and/or the GTCMT will be in force for all others. Parties will respect the provisions which are not legally but enter into consultation in order to make alternative arrangements which are legal and as closely as possible to the intention of the regulation to be replaced. As soon as in between MT and tC a dispute arises which apparently is not specified in this GTCMT, the spirit of this GTCMT remain valid and must be acted upon. If tA and/or the GTCMT has been issued in a language other than Dutch, the Dutch text will be determinative, in any dispute, over any other language. Whatever the case of cross-border delivery of products, tA is subject to Dutch law only. The in a dispute unsuccessful party shall be liable for keeping all court or outside court costs, as well as any other costs relating to the procedure and will take them on his behalf. Judicial settlements are explicitly and only opted for the court in Groningen, Netherlands. ---
Date of issue: feb16. ---
End of GTCMT. ---