Algemene voorwaarden We Are MAK Studio
Naam ondernemer: We Are MAK Studio
Vestigingsadres: Ridderspoorweg 167, 1032LL Amsterdam
E-mailadres: hello@wearemak.com
Website: www.wearemak.com
KvK-nummer: 96724943
BTW identificatienummer: NL198786220B01
Article 1 - Definitions
We Are MAK Studio: We Are MAK Studio, located in Amsterdam, Chamber of Commerce number 95191275.
Client: The party with whom We Are MAK Studio has entered into an agreement.
Parties: We Are MAK Studio and the client together.
Consumer: A client who is also an individual acting in a private capacity.
Article 2 - Applicability
These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of We Are MAK Studio.
We Are MAK Studio and the client can only deviate from these terms if agreed upon in writing.
We Are MAK Studio and the client explicitly exclude the applicability of the client’s general terms or those of others.
Article 3 - Prices
We Are MAK Studio charges prices in euros, including VAT and any additional costs such as administrative or shipping fees, unless agreed otherwise in writing.
We Are MAK Studio may change the prices of its services and products on its website and in other communications at any time.
Increases in the cost prices of products or their components, which We Are MAK Studio could not foresee at the time of the offer or the agreement, may lead to price increases.
The client has the right to cancel the agreement due to a price increase as mentioned in paragraph 3, unless the increase is the result of a legal regulation.
Article 4 - Samples and Models
When the client has received a sample or model of a product, they cannot derive any rights from it other than that it indicates the nature of the product, unless it has been agreed in writing that the products to be delivered will match the sample or model.
Article 5 - Payments and Payment Terms
We Are MAK Studio may require an advance payment of up to 50% of the agreed amount when entering into the agreement.
A payment term of no later than 7 days will always apply.
The payment terms used by We Are MAK Studio are strict deadlines. This means that if the client does not pay the agreed amount by the last day of the payment term, they are automatically in default, without We Are MAK Studio needing to send a reminder or default notice.
We Are MAK Studio may make delivery dependent on immediate payment or require security for the total amount of the services or products.
Article 6 - Right of Claim
When the client is in default, We Are MAK Studio may invoke the right of claim regarding the unpaid products delivered to the client.
We Are MAK Studio exercises its right of claim by sending a written or electronic notice to the client.
Once the client has been notified of the invoked right of claim, the client must immediately return the relevant products to We Are MAK Studio, unless agreed otherwise in writing.
The client is responsible for the costs of retrieving or returning the products as per paragraph 3.
Article 7 - Right of Withdrawal
A client may cancel an online purchase within 14 days after purchase without giving a reason. This right of withdrawal does not apply when:
The product has been used.
The product is custom-made to order. In such cases, this must be made clear at the time of sale.
The product is specifically made or adapted for the client.
The client has waived their right of withdrawal.
The 14-day reflection period in paragraph 1 begins:
The day after the client receives the last product or part of a single order.
Once the client confirms that they will receive digital content online.
The client can exercise their right of withdrawal by sending an email with that subject to hello@wearemak.com, possibly using the withdrawal form available on the We Are MAK Studio website, www.wearemak.com.
The client must return the product to We Are MAK Studio within 14 days of notifying their right of withdrawal; failure to do so will void their right of withdrawal.
Article 8 - Refund of Shipping Costs
If the client exercises their right of withdrawal and returns the entire order on time, the client will bear the return shipping costs.
Article 9 - Refund of Return Costs
If the client exercises their right of withdrawal and returns the entire order on time, the client will bear the return costs.
Article 10 - Right to Suspend
Unless the client is a consumer, they hereby waive the right to suspend the performance of any obligation arising from this agreement.
Article 11 - Right of Retention
We Are MAK Studio may exercise its right of retention and, in that case, keep the client's products until all outstanding invoices from We Are MAK Studio have been paid, unless the client has provided sufficient security for those costs.
The right of retention also applies under previous agreements where the client still owes money to We Are MAK Studio.
We Are MAK Studio is not liable for any damages the client may suffer as a result of exercising this right of retention.
Article 12 - Delivery
Delivery will take place as described with the product.
Delivery will take place at the agreed address unless otherwise agreed.
If the client does not pay the agreed amounts or does not pay on time, We Are MAK Studio may suspend its obligations until the client makes payment.
In case of late payment, the client cannot object to a late delivery, as it will be considered debtor’s default.
Article 13 - Delivery Time
The delivery times from We Are MAK Studio are indicative. If delivery is delayed, the client cannot derive any rights from this unless otherwise agreed in writing.
The delivery time starts when the client has completed the order process and has received confirmation from We Are MAK Studio.
The client will not receive compensation and may not cancel the agreement if We Are MAK Studio delivers later than agreed. The client may cancel the agreement if agreed in writing or if We Are MAK Studio cannot deliver within the agreed time after being notified in writing, or if otherwise agreed.
No claim for consequential damage can be made if deliveries occur later than initially agreed.
Article 14 - Packaging and Shipping
If the packaging of a delivered product is opened or damaged, the client must have the carrier make a note of this before receiving the product. Failure to do so means the client cannot hold We Are MAK Studio liable for any damage.
If the client arranges the transport of a product themselves, they must report any visible damage to products or packaging before the transport to We Are MAK Studio. Failure to do so means the client cannot hold We Are MAK Studio liable for any damage.
Article 15 - Storage
Any additional costs, such as storage due to late collection of products, are entirely at the client's expense.
Article 16 - Warranty
The warranty on products only applies to defects caused by faulty manufacturing, construction, or material.
The warranty does not apply:
In the case of normal wear and tear.
For damage caused by accidents.
For damage caused by modifications made to the product.
For damage due to negligence or improper use by the client.
If the cause of the defect cannot be clearly established.
If the cleaning instructions have not been followed.
The risk of loss, damage, or theft of products that are the subject of an agreement between the parties passes to the client when these products are legally and/or factually delivered or come into the client's possession or that of a third party receiving the product on behalf of the client.
Article 17 - Indemnity
The client indemnifies We Are MAK Studio against any claims from others related to the products and/or services supplied by We Are MAK Studio.
Article 18 - Complaints
The client must examine a delivered product or service as soon as possible for any deficiencies.
If a delivered product or service does not meet what the client reasonably expected, the client must notify We Are MAK Studio within 1 month after identifying the deficiency.
The client must notify We Are MAK Studio no later than 2 months after identifying the deficiency.
The client must provide a detailed description of the deficiency so that We Are MAK Studio can respond appropriately.
The client must prove that the complaint relates to an agreement between the client and We Are MAK Studio.
If the complaint concerns ongoing work, the client cannot demand that We Are MAK Studio perform work other than what was agreed.
Article 19 - Default Notice
The client must notify We Are MAK Studio in writing if they wish to issue a default notice.
The client is responsible for ensuring that their default notice reaches We Are MAK Studio on time.
Article 20 - Liability of Client
If We Are MAK Studio enters into an agreement with multiple clients, each of them is jointly and severally liable for fulfilling the obligations under that agreement.
Article 21 - Liability of We Are MAK Studio
We Are MAK Studio is only liable for damage the client suffers if that damage is caused by intent or gross negligence.
If We Are MAK Studio is liable for damage, it is only for direct damage related to the execution of an underlying agreement.
We Are MAK Studio is not liable for indirect damage, such as consequential damage, lost profit, or damage to third parties.
When We Are MAK Studio is liable, this liability is limited to the amount covered by a liability insurance policy. If no insurance is taken out or no damage amount is paid, the liability is limited to the (part of the) invoice amount related to the liability.
All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and cannot lead to any compensation, dissolution, or suspension.
In no case can We Are MAK Studio be held liable for indirect or consequential damage or for damage that was unforeseeable at the time of the order. Neither the photos, illustrations, nor product sheets bind We Are MAK Studio. This information is provided for guidance. The client agrees to carefully read the manufacturer's manual on or in the product packaging.
In no case can We Are MAK Studio be held liable when the instructions for articles, as stated on the website, are not followed. This concerns maintenance and cleaning of the articles, as well as their correct use.
Article 22 - Expiry Period
Any claim the client has for compensation from We Are MAK Studio expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude what is stated in Article 6:89 of the Dutch Civil Code.
Article 23 - Termination
The client may cancel the agreement if We Are MAK Studio fails to fulfill its obligations in a way that justifies the termination due to the special nature or minor significance of the shortcoming.
If the performance of obligations by We Are MAK Studio is still possible, cancellation can only take place after We Are MAK Studio has been put in default.
We Are MAK Studio may cancel the agreement with the client if the client does not fully or timely meet their obligations under the agreement, or if We Are MAK Studio has become aware of circumstances that give them good reason to believe the client will not meet their obligations.
Article 24 - Force Majeure
In addition to Article 6:75 of the Dutch Civil Code, We Are MAK Studio is not liable for any shortcoming if caused by force majeure.
Force majeure includes, but is not limited to:
Emergency situations such as civil wars or natural disasters.
Failure or force majeure of suppliers, deliverers, or others.
Power, electricity, internet, computer, or telecommunications outages.
Computer viruses.
Strikes.
Government measures.
Transport issues.
Bad weather conditions.
Work stoppages.
If a force majeure situation occurs preventing We Are MAK Studio from fulfilling one or more obligations to the client, those obligations will be suspended until We Are MAK Studio is able to fulfill them.
Once the force majeure situation has lasted at least 30 calendar days, both the client and We Are MAK Studio may cancel the agreement in whole or in part.
We Are MAK Studio is not required to pay compensation to the client in a force majeure situation, even if We Are MAK Studio gains an advantage from it.
Article 29 - Amendment of Agreement
If it is necessary to modify a concluded agreement for execution, the client and We Are MAK Studio may adjust the agreement.
Article 30 - Modification of Terms and Conditions
We Are MAK Studio may modify these terms and conditions.
Changes of a minor nature may always be implemented by We Are MAK Studio.
We Are MAK Studio will discuss significant changes with the client as much as possible beforehand.
A client may terminate the underlying agreement in case of a significant modification of the terms and conditions.
Article 31 - Transfer of Rights
The client may not transfer rights from an agreement with We Are MAK Studio to others without We Are MAK Studio’s written consent.
This provision serves as a property law clause as in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 32 - Consequences of Invalidity or Annulability
If one or more provisions of these general terms and conditions are invalid or voidable, this will not affect the other provisions.
An invalid or voidable provision will be replaced by a provision that comes closest to what We Are MAK Studio intended when drafting the terms.
Article 33 - Applicable Law and Competent Court
These general terms and conditions and any underlying agreement between the client and We Are MAK Studio are governed by Dutch law.
The court in the district where We Are MAK Studio is located has exclusive jurisdiction to hear any disputes between the client and We Are MAK Studio, unless the law provides otherwise.
Drafted on October 14, 2024.