“We” are Mad Rock Europe B.V. (further called Mad Rock EU). Located in Enschede and registered at the Chamber of Commerce under number 76637484. If purchasing from us, you enter into a contract with us based on these terms.
PRICES, PAYMENT AND AGREEMENT
Products offered on Mad Rock EU’s website are in Euro and include BTW (VAT). Delivery times given by Mad Rock EU are of an indicative nature and do not give the client any right to dissolution, compensation and/or suspension. An agreement is established after the client places an order.
Ordered products will be sent by a shipping company chosen by Mad Rock EU. In principle the products ordered by the client will be sent within 2 working days, but in all cases within 5 working days after the order has been placed and the payment is received. If Mad Rock EU cannot meet the delivery time, a new delivery period will be given by Mad Rock EU. When Mad Rock EU is not able to deliver the products ordered by the client within 30 days, the client can cancel the agreement.
The client is entitled, using his right of withdrawal, to return the ordered products within 14 days after receipt. The sum paid by a client prior to the withdrawal will be reimbursed/refunded within 30 days by Mad Rock EU after receiving the returned products. The risks and costs of return will be at the expense of the client when they exercise their right of withdrawal. Mad Rock EU reserves the right to only partially refund the payment when it is noted that the products have been used or damaged by the client.
The client is obliged to inspect the products promptly and carefully upon delivery. Any claims on defects or malfunctions must be reported immediately to Mad Rock EU, but in any event within 14 days after delivery. If Mad Rock EU finds the claim well-founded, Mad Rock EU will offer the client repair, a replacement product or refund of the invoice value of the product. The warranty period on all products is three months. The client has no right to warranty as described in this article if Mad Rock EU determines that the fault in a product is caused by the client. The products delivered by Mad Rock EU are made from material whose durability depends on different factors. Wear from use or improper handling, shrinkage and discoloration due to light and washing, are not covered by the warranty. The client has no right to warranty as described in this article if Mad Rock EU determines that the fault in a product is caused by the client.
Parties shall not be held liable for any of their obligations if they are prevented from doing so due to circumstances of no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice. Throughout the duration of the circumstances of force majeure, Mad Rock EU shall be entitled to suspend the fulfilment of its obligations. If this period lasts for more than 30 days, either of the parties shall be entitled to cancel the agreement without any obligation to pay the opposite party damages.
If Mad Rock EU is held liable, any liability shall be limited to the invoice value of the order, or at least to that part of the order in which the liability relates. Mad Rock EU is only liable for direct damages. As a result of direct damages, the client must accept and agree to:
The reasonable costs incurred to establish the cause and extent of the damage.
Any reasonable expenses made to make substandard products comply with the desirable properties as meant in the agreement, but only to the extent that these expenses can be attributed to Mad Rock EU.
Any reasonable costs made to prevent or minimise damage, but only if the client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.
Mad Rock EU excludes all liability for indirect damage suffered due to the use of the products delivered by Mad Rock EU, except for situations where the damage is directly caused due to intent or gross negligence on the part of Mad Rock EU, its directors and / or management staff. Mad Rock EU is never liable for the following damages: consequential damages, lost profits, lost savings and damage due to business stagnation.
Only Dutch law shall apply to each and every agreement between Mad Rock EU and the client. The CISG is not applicable under the Agreement. The client and Mad Rock EU shall only refer the matter to the court if they have done their utmost to solve the dispute through mutual consultations.