General terms and conditions of The Make registered with the Chamber of Commerce under number: 0000028447
Company: Succes Spolka z o.o.
Address: Mazowiecka 70A, 87-100 Toruń, PL
VAT number: PL6780026253
The following definitions apply in these terms and conditions:
ARTICLE 1: APPLICABILITY OF THE TERMS AND CONDITIONS
The terms and conditions apply to all legal relationships between the seller on www.themake.nl and the customer including orders, offers and other agreements. The Make reserves the right to update these terms & conditions from time to time.
ARTICLE 2: CONCLUSION AND CONTENT OF THE AGREEMENT / ORDER
2.1 An agreement will be entered into by the customer and the seller exclusively by means of the seller’s acceptance of an order (the offer) by the customer that has been placed on the website www.themake.nl in the following manner:
-The customer adds a product to the shopping cart.
-The customer follows the required steps and completes the order by sharing personal details that are required to process the order.
-The customer checks the order.
-The customer selects the desired payment method.
-The order is placed.
Once the order has been received and accepted, the customer receives an order confirmation by e-mail. If the customer does not receive this e-mail, we recommend contacting the seller. There may be a temporary communications problem or an error in the e-mail. The customer can send an e-mail to firstname.lastname@example.org
2.2 REJECT THE ORDER
The seller is entitled to reject the order placed by the customer in the following cases:
-If the information provided by the customer is incorrect and/or incomplete.
-If your order is flagged up by the seller’s security systems as an unusual order or an order susceptible to fraud.
-If there is an obvious mistake, for example in prices indicated on the website.
-If the customer has failed to comply with payment obligations to the seller in the past.
-If the seller has reasons to believe that the customer is a reseller.
-If the seller has reasons to believe the customer is under 16 years old.
-If the seller could not deliver to the address provided by the customer.
-If the product appears to be unavailable or not in stock.
-If an event outside control of the seller occurs.
ARTICLE 3: DELIVERY
Products purchased on the website are shipped using a carrier designated by the Seller. After each completed order, the seller will send the products as soon as possible, and in any event within the agreed delivery date. In order to avoid delivery problems, the customer must fill in the address form correctly. Once the order has been handed over to the carrier, the seller will send customers a track and trace code, allowing customers to track the order.
3.1 DELIVERY TERMS
The seller will do its utmost to deliver the order to the delivery address within the agreed delivery terms. A delay may occur and the delivery terms on the website should be understood as estimated delivery terms. The customer is responsible for providing the correct delivery address. If the shipment does not arrive due to an error in the delivery address, the seller cannot be held responsible for the loss of the shipment.
3.2 LOSS, DAMAGE OR WRONG PRODUCTS
If the product is missing or if the customer claims that the order never arrived, the seller starts a complaint procedure with the carrier. Information such as the track & trace date can help track down the product. From the time when the products are delivered, the risk is transferred to the customer.
If the product is delivered in a damaged or incomplete state, the customer must contact the seller by e-mail or phone within 24 hours after receiving the order. The seller will deal with the matter at hand in an appropriate fashion and contact the customer about subsequent steps. Never return a product without contacting the seller and awaiting the instructions of our support team. If the customer returns a product without letting the seller know, the customer cannot claim the costs.
If the product is not what the customer ordered, the customer must inform the seller within 24 hours after receiving the order. The customer is responsible for the return shipment of the product and the seller will pay the costs of the new shipment with the correct product.
ARTICLE 4: PRICES AND PAYMENT
4.1. All prices stated by or agreed with the seller are in euros. They include Value Added Tax (VAT) and exclude shipping costs. The shipping costs are charged separately. The total purchase price is indicated when the order is almost completed. The seller is entitled to adjust the prices indicated on the website.
4.2 Payment may be made using the methods indicated on the website and must be made before the products are delivered unless stated otherwise.
If payment is made by Visa/ Mastercard, the seller is entitled to check the validity of the card, the spending limit or the correctness of the customer’s address details. The seller reserves the right to refuse the purchase.
ARTICLE 5: RIGHT TO RETURN
The customer is entitled to return the product that has been delivered, within a term of 14 calendar days after the product has been received. The product must be in its original state, not worn or damaged. After the seller has received and inspected the returned product, a refund will be made. The seller may delay the refund if the product is not received.
To return a product, the items must be in their original, unwashed, unworn and undamaged condition. The products must still bear all original labels and tags as attached by the seller. For the return, the customer can use the original packaging and should include the return form enclosed with delivery. On the return form, the customer should state the reason for the return. If you return or cancel your order, we will refund all payments received from you, excluding any shipping costs.
The seller will process the return shipment after it has received the returned product and if all other above-mentioned requirements have been met.
The right to cancel does not apply to orders that are made to the customer’s specifications or are clearly personalised.
ARTICLE 6: COMPLAINTS
If the customer is unsatisfied with the product received, the contact details of the seller can be found by clicking on the ‘contact’ button on the website.
The seller is obliged to respond to all complaints. Any defects which were not visible on the outside at the time of delivery or that appeared after a period of time will be inspected. The seller requires a detailed description of the complaint and defects.
The seller, being a reasonably acting seller, will be the sole judge as to whether the defects reported by the customer are justified. If the customer failed to handle the products correctly (for example by not following washing instructions), the seller is entitled to claim that the customer is responsible for the damage or defect.
ARTICLE 7: GUARANTEE AND LIABILITY
7.1 The seller guarantees that the products delivered are free from design faults, faulty material and manufacturing. If a claim is made under the guarantee, the customer must be aware of their own handling of the product. If the care instructions provided are not followed, the customer is fully responsible for the damage.
7.2 The seller is not responsible for circumstances beyond its control. These can include flood, fire, sabotage, poor transport, weather conditions, criminal activities, lack of state, war, government intervention, labour disturbance, prohibitions, restrictions or lack of delivery from suppliers.
ARTICLE 8: PERSONAL DATA AND PRIVACY
The seller complies with the privacy regulations, as recorded in the "Wet Bescherming Persoonsgegevens" (the "Dutch Personal Data Protection Act"). The customer always has the right to access, rectification or erasure of their personal data by logging into their account or contacting us.
All data will be used for the purpose of fulfilling the customer’s order and will be stored for as long as is necessary to manage any issues relating to the fulfilment of the order. The seller guarantees that all personal data will be handled with care. The customer’s personal data will not be shared with any third party, except for purposes of fulfilling the order or communicating with the customer.
ARTICLE 9: APPLICABLE LAWSDutch law applies to all agreements and legal relationships between the seller and the customer, regardless of the country from which the customer places an order and regardless of the country to which the order is shipped.