Terms and Conditions

Madal Bal established at 2514 CL The Hague, Denneweg 126 B. 
Filed on 01-01-2014 at the Haaglanden Chamber of Commerce under number 59649984 and VAT number NL853588284B01 as VoF Gerretsen Madal Bal Natuurvoeding. 

Article 1 Applicability
 
1. These terms and conditions apply to all offers, agreements for the delivery of goods and/or the provision of services, in the broadest sense of the word, of VoF Gerretsen Madal Bal Natuurvoeding (hereinafter “Madal Bal”) to or with a counterparty who is a natural person and who does not act in the course of a business or profession (hereinafter referred to as “the consumer”).
2. Unless otherwise agreed in writing, the conditions referred to under this article under 1. are deemed to have been accepted by the consumer. 
3. These terms and conditions also apply to agreements if third parties have to be involved for the execution thereof.

Article 2 Offers and conclusion of the agreement 
1. All offers made are without obligation. They are valid for 14 days, unless stated otherwise. 
2. All price lists, brochures and other information provided with an offer have been drawn up as accurately as possible. These are only binding for Madal Bal if this has been explicitly confirmed in writing. All data/information provided with an offer remain (intellectual) property of Madal Bal or third parties and must be returned on first demand. 
3. Madal Bal reserves the right to refuse orders without stating reasons, to demand payment in advance and/or to demand security at all times for the fulfillment of payment obligations. 
4. Madal Bal cannot be held to its offers and quotations if the consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or quotation or a part thereof contains an obvious mistake or error.
5. If the acceptance (on minor points) deviates from the offer, Madal Bal is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Madal Bal indicates otherwise. 
6. A composite quotation does not oblige Madal Bal to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price. Offers or quotations do not automatically apply to repeat orders. 
7. Unless otherwise agreed in writing, the agreement is concluded by timely acceptance of Madal Bal’s offer.

Article 3 Complaints
1. The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the consumer should investigate whether the quality and quantity of the delivered goods correspond to what has been agreed, or at least meet the requirements that apply in normal (commercial) traffic.
 2. Any visible shortcomings must be reported in writing to Madal Bal within three days of delivery, with simultaneous handing over of the defective product, unless this is impossible or unreasonably onerous. 
3. The consumer must report an invisible defect to Madal Bal within sixty days after discovery, with due observance of the provisions of the previous paragraph of this article. 
4. If a situation as referred to in this article sub 2 or sub 3 occurs, Madal Bal will replace the product or arrange for repair within a reasonable period of time after receipt or, if return is not reasonably possible, after written notification by the consumer with regard to the defect. In the event of replacement, the consumer already now commits himself to return the replaced item to Madal Bal and to transfer ownership thereof to Madal Bal.
5. The provisions of this article under 4 do not apply if the defect has arisen as a result of injudicious or improper use or if, without the written permission of Madal Bal, the consumer or third parties have made changes or attempted to make changes to the item or have used it for purposes for which the item is not intended. 
6. Return shipments can only be made with written permission from and in the manner indicated by Madal Bal.

Article 4 Prices 
1. The prices quoted by Madal Bal are net in € (euros), including VAT. If and to the extent applicable, the shipping costs are stated. 
2. Special additional customs clearance costs and/or import duties are not included in the price and are for the account of the consumer. 
3. If Madal Bal agrees a certain price with the consumer at the time of concluding the agreement, Madal Bal is nevertheless entitled to increase the price, even if the price was originally not quoted with reservations.
4. If a price increase takes place within three months after the conclusion of the agreement, the consumer can dissolve the agreement by means of a written statement regardless of the percentage of the increase, unless the price increase results from a power or an obligation resting on Madal Bal under the law, or if it is stipulated that the delivery will take place more than three months after the purchase.

Article 5 Retention of title 
Madal Bal remains the full owner of the delivered item until the purchase price has been paid in full. 

Article 6 Payment conditions 
1. Payment is made by credit card or by deposit into a bank or giro account to be designated by Madal Bal in the currency in which the invoice has been issued. 
2. An appeal to any deduction or set-off on the part of the consumer is never permitted. 
3. In the event of bankruptcy, suspension of payments, application of the Debt Rescheduling Act for Natural Persons or receivership, Madal Bal’s claims against and the consumer’s obligations towards Madal Bal are immediately due and payable. 
4. Complaints on an independent part of a specified invoice never release the consumer from his obligation to pay within the specified time, with regard to the other items of the invoice. 
5. The consumer is automatically in default by the expiry of the payment term without summons or notice of default. 
6. If the invoice remains unpaid in whole or in part after the aforementioned payment term, the consumer owes Madal Bal default interest of 1% per month or part of a month, or, at Madal Bal’s discretion, the then applicable statutory interest. 
7. In the event of extrajudicial collection, the consumer owes the usual collection costs in addition to the principal amount and interest, with a minimum of EUR 50. The obligation to pay these costs already follows from the mere fact of writing to the debtor by a third collector. 
8. In the event of judicial recovery, including a bankruptcy petition, the consumer will also owe interest and extrajudicial costs in addition to the legal costs, including attorney’s fees. 

Article 7 Delivery and transfer of Risk 
1. Unless otherwise agreed, delivery takes place ex warehouse of Madal Bal. 
2. The consumer is obliged to take delivery of the purchased goods the moment they are made available to him or are handed over to him. 
3. If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items intended for delivery will be stored at the risk of the consumer after Madal Bal has notified him. In that case, the consumer will owe all additional costs. 
4. If Madal Bal and the consumer agree on delivery, purchases will be delivered free of charge, unless Madal Bal has communicated the established conditions to the consumer when concluding the agreement. Madal Bal reserves the right to invoice the delivery costs separately upon delivery. 
5. If Madal Bal requires information from the consumer in the context of the execution of the agreement, the delivery time will commence after the consumer has made this available to Madal Bal. 
6. Stated delivery times can never be regarded as a strict deadline, unless expressly agreed otherwise in writing. In the event of late delivery, Madal Bal must therefore be given written notice of default. 
7. The risk of the goods passes from Madal Bal to the consumer at the time of delivery.

Article 8 Cancellation and amendment 
1. Modification or cancellation of an order for any reason whatsoever requires the written consent of Madal Bal. 
2. The greater or lesser costs resulting from changes to the order will be settled, taking into account unusable work that has already been performed. 
3. In the event of unilateral cancellation of an agreement by the consumer not permitted by these terms and conditions, the consumer owes Madal Bal compensation in respect of costs incurred and loss of profit. 

Article 9 Liability Madal Bal 
1. Madal Bal is only liable for non-compliance, late or improper fulfillment of the orders, after Madal Bal has been given notice of default in writing, whereby Madal Bal must be given a period of one month to complete the agreement properly before Madal Bal can be brought into court. 
2. Madal Bal furthermore is never liable for damages other than are expressly laid down in these terms and conditions. In particular, Madal Bal is not obliged to compensate direct or indirect damage as a result of acts or omissions of persons whose services Madal Bal uses.
3. Madal Bal is never liable for consequential damage. Madal Bal is never liable for other damage, also in the case of liability under Title 3, Section 3 of Book 6 of the Dutch Civil Code, up to a higher amount than the amount that Madal Bal’s insurer pays out in the appropriate case. 
4. The provisions of this article under 2. and 3. do not apply if there is intent or gross negligence on the part of Madal Bal. 
5. Madal Bal is not liable if the damage is due to intent and/or gross negligence and/or culpable acts, or injudicious or improper use by the consumer.

 Article 10 Force majeure 
1. Madal Bal is not liable for non-execution, incorrect or late implementation as a result of force majeure in the broadest sense of the word. 
2. In this case, force majeure is considered, among other things: 
o disruptions in the company or obstacles that prevent, make more expensive or difficult the normal execution of the agreement;
o strike, illness or accident of personnel charged with the execution of the order; 
o war, danger of war, riot, natural disasters, fire, transport blockages, government measures affecting the execution of the order, as well as all other unforeseen events in the company of Madal Bal or in companies from which Madal Bal gets goods that are related to the order concerned; 
o delayed or incorrect delivery due to whatever cause of goods, materials, etc. ordered by Madal Bal on time and in the correct manner. 
3. In the event of force majeure, the consumer will give Madal Bal the opportunity to still fulfill its obligations during a period that is reasonable according to the circumstances after the agreed date on which the order must be performed. If the force majeure situation continues, Madal Bal has the right to demand that the order be changed in such a way that it can be performed. If the latter is not reasonably possible, the parties each have the right to regard the agreement as dissolved, whereby any items provided by the consumer will be returned to the consumer by Madal Bal without any compensation. The cancellation statement must be made in writing to the other party. In the event of dissolution, neither party is obliged to pay any compensation towards the other. 

Article 11 Suspension and dissolution 
1. Each agreement is entered into under the suspensive condition that the payment position of the consumer on the basis of information to be obtained by Madal Bal appears to be sufficient. 
2. Madal Bal is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if: 
o the consumer does not or not fully comply with the obligations under the agreement. 
o circumstances that have come to the attention of Madal Bal after the conclusion of the agreement give good grounds to fear that the consumer will not fulfill its obligations. If there is good reason to fear that the consumer will only partially or not properly comply, suspension is only permitted insofar as the shortcoming justifies it. 
o the consumer was requested when concluding the agreement to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient. 
3. Furthermore, Madal Bal is authorized to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected. 
4. If the agreement is dissolved, Madal Bal’s claims against the consumer are immediately due and payable. If Madal Bal suspends the fulfillment of the obligations, Madal Bal will retain its claims under the law and the agreement. 
5. Madal Bal always reserves the right to claim compensation.

Article 12 Copyright 
1. The copyright and ownership of the copyrighted works provided by Madal Bal to the consumer rests with Madal Bal or its supplier. Reproduction and publication is only permitted if and insofar as this is expressly provided for in the agreement or after Madal Bal’s prior written consent. 
2. The consumer indemnifies Madal Bal in and out of court against claims from entitled parties with regard to violation of copyrights and/or other rights, which claims arise from consumer behavior contrary to the provisions of this article under 1. 

Article 13 Disputes and applicability 
1. All disputes that may arise from the agreement will be settled by the competent court according to the law.
2. Unless otherwise agreed in writing, all agreements are governed by Dutch law. 

Article 14 Changes
Madal Bal reserves the right to change these Terms and Conditions at any time. 

Applicable conditions in case of distance selling 
If a purchase agreement with the consumer is exclusively concluded via the Madal Bal website, the following conditions apply in addition to the above conditions. 

Article 15 Conclusion of agreement 
1. The order is final as soon as the consumer has completed the ordering procedure via the Madal Bal website. The purchase agreement is only concluded after the consumer receives a confirmation from Madal Bal by e-mail. 

Article 16 Right of return 
1. During fourteen working days after receipt of the order, the consumer has the right to dissolve the purchase agreement without stating reasons. 
2. Simultaneously with the cancellation statement, the order must be returned in the condition it was in when it was received. Only unused products in the original and unopened packaging will be accepted. The return shipment must always be accompanied by the original (packing) receipt and the bank or giro account number of the consumer, so that the amount paid by the consumer can be refunded. 
3. The costs of return shipment are for the account of the consumer. 
4. Amounts paid will be refunded by Madal Bal within thirty days after dissolution. 
5. If the order on return receipt by Madal Bal is not in the condition as stated above, then the consumer is obliged to compensate Madal Bal for damage suffered in that regard. In that case Madal Bal has the right to set off the damage amount against the amount to be repaid by Madal Bal to the consumer.