GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;

Durable data carrier: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the trader for distance selling of products and/or services, whereby, up to and including the moment the contract is concluded, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding a contract, without the consumer and the trader being simultaneously present in the same space.

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Company name: Ecom Logi LLP

Website name: Made Gents, part of Ecom Logi LLP

Address: 32 KINBURN STREET LONDON, UK SE16 6DW

Email address: info@madegents.com

Partnership No: OC450262

Article 3 – Applicability

These general terms and conditions apply to every offer of the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced without delay, in mutual consultation, by a provision that approximates the intent of the original as closely as possible.

Situations not provided for in these general terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms are to be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images with products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will, with regard to import, use the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged customs clearance costs) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and which actions are necessary for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for accepting the offer, or the period within which the trader guarantees the price;

  • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the means of communication used;

  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct them;

  • any other languages in which, in addition to Dutch, the contract can be concluded;

  • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the distance contract in the event of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may—within legal frameworks—inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.

The trader will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, to the consumer with the product or service:

  • the visiting address of the trader’s establishment where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer may make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information about warranties and existing after-sales service;

  • the data included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this data to the consumer prior to the execution of the agreement;

  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to use their right of withdrawal, they are obliged to notify the trader within 14 days after receipt of the product. The consumer must notify by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or the product has not been returned to the trader, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer makes use of their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the trader in accordance with the consumer’s specifications;

  • that are clearly of a personal nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market over which the trader has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal;

  • for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;

  • whose performance has begun with the express consent of the consumer before the reflection period has expired;

  • relating to bets and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

  • they are the result of statutory regulations or provisions; or

  • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance costs. Therefore, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the factory warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;

  • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of the trader and/or on the packaging;

  • The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The trader will exercise the greatest possible care in receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • terminate the agreements referred to in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period;

  • at least terminate in the same way as they were concluded by them;

  • always terminate with the same notice period that the trader has stipulated for themselves.

Renewal

An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery by way of introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.