Payments by PayPal are accepted: knottnerus@makiba.nl account name Makiba BV
1.1 These General Terms and Conditions of Sale (hereinafter: Terms) apply exclusively to all offers, orders and agreements of our webshop, to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms.
1.3 The provisions in these Terms may only be deviated from in writing, in which case the remaining provisions remain in full force.
1.4 All rights and claims, as provided for in these Terms and in any further agreements for the benefit of our webshop, are likewise provided for for the benefit of intermediaries and other third parties engaged by our webshop.
2.1 All offers from our webshop are non-binding and our webshop expressly reserves the right to change prices, in particular when necessary due to (statutory) regulations.
2.2 An agreement is only concluded after acceptance of your order by our webshop. Our webshop is entitled to refuse orders or attach certain conditions to delivery, unless explicitly stated otherwise. If an order is not accepted, our webshop will notify you within ten (10) business days after receipt of the order.
3.1 The stated prices for the offered products and services are in euros, excluding VAT and handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation. The goods will be delivered after the full invoice amount has been paid to the account number mentioned during the ordering process.
3.3 Payment can be made using one of the methods indicated during the ordering process.
3.4 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order.
4.1 The delivery times stated by our webshop are indicative only. Exceeding any delivery deadline does not entitle you to compensation and does not give you the right to cancel your order or terminate the agreement, unless the exceeding of the delivery deadline is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.
4.2 The delivery of the products takes place at the location and time when the products are ready for dispatch to you.
5.1 Ownership of delivered products only passes when you have paid everything you owe to our webshop under any agreement. The risk with respect to the products passes to you at the moment of delivery.
6.1 You are obligated to inspect the products upon delivery to verify they comply with the agreement. If they do not, you must notify our webshop in writing with detailed reasons as soon as possible and in any case within seven (7) business days after delivery, or after the defect could reasonably have been discovered.
6.2 If it is established that the products do not comply with the agreement, our webshop has the option to either replace the products with new ones upon their return or refund the invoice value.
6.3 If you do not wish to accept a product for any reason, you have the right to return it to our webshop within seven (7) business days after delivery. Return shipments will only be accepted if the product packaging is undamaged and any plastic seal on the packaging has not been broken. Please note that return shipping costs are your responsibility.
7.1 Our webshop is not liable for misunderstandings, damage, delays, or improper receipt of orders and communications resulting from the use of the internet or any other means of communication between you and our webshop, or between our webshop and third parties, insofar as it relates to the relationship between you and our webshop, unless and to the extent that our webshop acted with intent or gross negligence.
8.1 Without prejudice to any other rights available to it, our webshop has the right, in case of force majeure, to suspend the execution of your order or terminate the agreement without court intervention, by notifying you in writing, and without our webshop being liable for any damages, unless this would be unreasonable under the circumstances by standards of reasonableness and fairness.
8.2 Force majeure means any failure that cannot be attributed to our webshop because it is not due to its fault and is not the responsibility of our webshop under the law, legal act, or common business practice.
9.1 If you provide our webshop with a written address, our webshop is entitled to send all orders to that address, unless you provide our webshop with written notice of a different address where your orders should be sent.
9.2 If our webshop has allowed deviations from these Terms and Conditions, either explicitly or implicitly, for a short or long time, this does not affect its right to demand strict compliance with these Terms and Conditions. You can never claim any rights based on the fact that our webshop applies these Terms and Conditions flexibly.
9.3 If one or more provisions of these Terms and Conditions or any other agreement with our webshop conflict with any applicable law, the relevant provision will be deleted and replaced with a new legally permissible similar provision to be determined by our webshop.
9.4 Our webshop is authorized to use third parties in the execution of your order(s).
10.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, are subject exclusively to Dutch law.
10.2 All disputes between parties shall be submitted exclusively to the competent court in the Netherlands.
