Termes et conditions

1. Applicability
2. Offers and agreements
3. Prices
4. Payment
5. Delivery and delivery time
6. Returning products
7. Revoke rights
8. Ownership
9. Guarantees and liabilities
10. Force majeure
11. Gift certificates and Vouchers
12. Intellectual property
13. Personal
14. Applicable law
15. Miscellaneous
16. Other languages

1. Applicability
1.1. These terms and conditions apply to all offers and all agreements regarding the webshop of MARC INBANE®
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and MARC INBANE® and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms & Conditions is only possible after explicit confirmation by MARC INBANE® in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by MARC INBANE®
1.6. “Contracting party” is defined as every natural person or legal person with a contractual relationship with MARC INBANE®
1.7. The website of MARC INBANE® targets exclusively the European market.
1.8. MARC INBANE® has the right to adjust these General Terms and Conditions from time to time.
1.9. By using the website of MARC INBANE® and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.10. MARC INBANE® is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.

2. Offers and agreements
2.1. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. MARC INBANE® is in no way bound such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfillment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. A personalized quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
2.4. An offer from the potential buyer as mentioned in article 2.1 is made when:
• the potential buyer has entered his personal data on the website and the data has been sent electronically to MARC INBANE® and received by MARC INBANE®;
• the potential buyer explicitly indicated the desire, by telephone, to receive a certain product and/or service;
• a quotation is signed by the buyer and received by MARC INBANE® in case MARC INBANE® issued a personalized quotation.
2.5. An agreement, including any change or supplementation hereto, takes first binding effect for MARC INBANE® when a order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by MARC INBANE® in case the buyer does not meet the requirements or has failed to do so in the past. In that case, MARC INBANE® will report such findings to the buyer within ten (10) days after receiving the order.
2.6. Buyer and MARC INBANE® explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of MARC INBANE® count, as far as the law allows, as a presumption of proof.
2.7. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. MARC INBANE® does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.

3. Prices
3.1. All prices are expressed in Euros, in accordance with the legal regulations, and include Value Added Tax.
3.2. Special offers are only valid as long as the stock permits.
3.3. The buyer owes the price as defined by MARC INBANE® in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by MARC INBANE®, even after reaching the agreement.
3.4. Transportation costs will be separately mentioned on the website. Special rates apply for deliveries outside the Netherlands.
3.5. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by MARC INBANE®

4. Payment
4.1. Orders through the webshop should be paid by 100% down payment. MARC INBANE® can include other payment options in the future. Other payment options will be announced on the website.
4.2. In case MARC INBANE® agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the buyer. Alternative payment periods can only be agreed on in writing under special conditions.
4.3. Non-payment or untimely payment by the buyer leads to a due interest of 1,5% per month, from the day that the payment should have taken place, at which a part of a month counts for a full month.
4.4. The costs, both in and out of court, caused by non-fulfillment, late fulfillment or improper fulfillment of the obligations of the buyer, are payable by the buyer.
4.5. MARC INBANE® is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs.

5. Delivery and delivery times
5.1. Orders will be delivered as quickly as possible. MARC INBANE® aims to send the products within three days after receiving the order. The final delivery date is 30 days after receiving the order, not including down payments, at which the final delivery date is 30 days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. MARC INBANE® can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. When the buyer orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed. MARC INBANE® aims at notifying any delays to the buyer within two working days.
5.3. Deliveries will take place on the address as specified by the buyer during the finalisation of the agreement.
5.4. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe caused to or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery.
5.5. Different terms may apply to deliveries outside of The Netherlands.

6. Returning products
6.1. Upon delivery of the goods the buyer inspects the conditions of the goods. In case damage has been inflicted to the goods of materials, the buyer will take all possible provisions to obtain compensation from the transporter. Returning products is only possible in combination with an original invoice and original, complete, undamaged and unused products and packaging. The cash value of the delivered goods will be reimbursed.

7. Revoke rights
7.1. The buyer may exercise his revoke right within fourteen (14) working days after delivery of the product, without penalty and without stating reasons. The buyer can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
7.2. MARC INBANE® is never liable for any damage, theft or loss of the product or packaging during the return delivery.
7.3. The costs of the return delivery of the product are for the buyer.
7.4. In case the buyer exercised his revoke right as mentioned in the previous articles, MARC INBANE® will have to reimburse the cash value of the delivered goods within 30 days.

8. Ownership
8.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays MARC INBANE® the full amounts payable pursuant to the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
8.2. The buyer is not permitted to print or resell the products, even after the ownership of the goods have been transferred to the buyer.

9. Guarantees and liability
9.1. Guarantee provisions by MARC INBANE® for the delivered goods are limited to the guarantee that is given to MARC INBANE® by the supplier or manufacturer concerned.
9.2. MARC INBANE® is never bound to financially compensate the buyer or other parties, unless the damage was caused by intention or guilt. MARC INBANE® is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
9.3. In case MARC INBANE® is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
9.4. The guarantee of MARC INBANE® does not apply if:
* the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance
* the product is employed for purposes other than normal purposes or used incorrectly
* the buyer or the end user does not strictly observe the operating instructions provided by MARC INBANE®
* the original invoice is missing, modified, or made unreadable.
9.5. When the guarantee provisions are exercised, MARC INBANE® can do the following:
* adjust the amount on the invoice;
* replace the delivered item by an article with equal specifications, or repair the delivered item, in which case the delivered item should be sent back to MARC INBANE®
* take back the delivered item and revoke the agreement, while reimbursing the paid amount by the buyer, without being obliged to financially compensate the buyer for any damage. The buyer is obliged to give MARC INBANE® three possibilities to repair any deficiencies.
9.6. The buyer does not hold MARC INBANE® liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
9.7. It is possible that MARC INBANE® places links on its website to other websites that could of interest for a visitor. Such links are solely informative. MARC INBANE® is not liable for the content of the linked websites or the usage thereof.

10. Force majeure
10.1. In case of force majeure, MARC INBANE® is not obliged to fulfil its obligations to the buyer. The respective obligations will be postponed for the entire duration of the force majeure.
10.2. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of MARC INBANE®, even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfillment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of MARC INBANE® or its suppliers.

11. Gift certificates and Vouchers
In addition to these Terms and gift voucher conditions apply to gift certificates offered by MARC INBANE®. By using the gift voucher you agree to the applicability of the conditions and to commit yourself to comply.
11.1. These conditions apply to gift certificates offered by MARC INBANE® or in cooperation with partners in action are provided.
11.2. Any action or gift voucher has a unique code. This is a combination of numbers and letters. Each voucher / code is only provided once. You need the voucher code and safe place. In case of theft (also including the use by unauthorized third parties of the Code) or loss of the voucher will be no reimbursement. Only original vouchers and codes can be used and shall be provided on request. MARC INBANE® reserves the right to accept a gift only after receiving the original gift certificate and in case of improper use still require payment in cash.
11.3. For a gift certificate or voucher code, you use the products selected in your “shopping cart” to place. During the order process, you then enter the exact code in the discount code box and click Apply.
11.4. The value gift code and / or any applicable find other specific terms of use, if different from the conditions on the voucher.
11.5. Gift certificates or vouchers issued by MARC INBANE® and partners are only redeemable in respect of purchases from the shop in question.
11.6. You can order a gift certificate or a voucher to hand action.
11.7. Gift certificates or vouchers can not be used for open orders.
11.8. Gift certificates or a portion of the value of a gift are not redeemable for cash.
11.9. From used gift cards, all information about voucher code available to MARC INBANE®.
11.10. If the total amount of the order exceeds the value of the gift, the difference being paid for with one of the other payment methods: Ideal (Internet banking), credit card or bank transfer.
11.11. It is prohibited gift or its functioning to alter, distort, undermine or otherwise to affect (including hacking).
11.12. Any (attempted) fraud or other unauthorized action is recorded and results in the use of gift certificates will be denied.
11.13. The gift is not allowed in any way for commercial purposes and / or other purposes for which they are issued.
11.14. MARC INBANE® is not responsible for the operation of gift cards and accepts no liability for damages resulting from the use or inability to use gift occurs. Exclusion of liability does not cover damages due to intent or gross negligence on the part of MARC INBANE®. In this case, liability is limited to compensation for direct damage to persons or property.
11.15. The gift conditions may be amended from time to time. We recommend that you use the gift certificate terms each for the use of a gift to consult. Do you stay after commencement of the amendments to use gift cards, then you accept to the changed conditions of gift certificate.
11.16. Do you have any questions or comments about using the gift voucher redeem or problems please let us know as soon as possible via customer service info@marcinbane.com or tel +31 (0) 13 88 97 150.

12. Intellectual property
12.1. The buyer explicitly acknowledges that all intellectual or industrial property rights relating to the products to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with MARC INBANE®, suppliers or other entitled parties.
12.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
12.3. The buyer is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from MARC INBANE®, its suppliers or other entitled parties.

13. Personal data
13.1. MARC INBANE® will process the personal data of the buyer in accordance with her privacy statement, which is included in the website.
13.2. MARC INBANE® fully respects the applicable laws and regulations regarding the processing of personal data.

14. Applicable law
14.1. Dutch law applies to the offers/agreement and further agreements.
14.2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
14.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by a competent court in the district of The Hague, unless the law explicitly appoints another court.
14.4. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.

15. Miscellaneous
15.1. MARC INBANE® resides at (5048AB) Tilburg, Kraaivenstraat 25-32 and is registered at the Chamber of Commerce Brabant under number 55513603. Please send all correspondence regarding these General Terms and Conditions to MARC INBANE® at the address mentioned above or the e-mail address mentioned on the website.
15.2. The MARC INBANE® helpdesk is available for information on working days at the e-mail address mentioned on the website.
15.3. MARC INBANE® aims to answer received e-mails within one working day.
15.4. MARC INBANE® is a registered trademark of MARC INBANE B.V.
Kraaivenstraat 25-32, 5048 AB, Tilburg, the Netherlands
Tel: +31 (0) 13 88 97 150, Fax: +31 (0) 13 88 97 151, info@marcinbane.com

KVK: 55513603
VAT: NL8517.45.969.B01
Rabobank: 1361.42.230

16. Other languages
German: Die allgemeinen Geschäftsbedingungen stehen derzeit nur in englischer Sprache zur Verfügung. Sollten Sie die Geschäftsbedingungen in deutscher Ausführung benötigen, senden Sie uns bitte eine Anfrage und wir werden diese schnellstmöglich bearbeiten.
French: Les conditions generales sont actuellement uniquement disponibles en Anglais. Si vous avez besoin conformément aux conditions dans la versionFrançaise, veuillez nous envoyer votre demande et nous allons le traiter dès que possible.
Dutch: De Algemene Voorwaarden zijn momenteel alleen beschikbaar in het Engels. Indien u de Nederlandstalige versie van de Algemene Voorwaarden wenst , stuur ons dan een aanvraag toe en wij zullen u zo spoedig mogelijk van deze versie voorzien.

General Terms and Conditions Webshop MARC INBANE® May 11th 2012