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Terms and Conditions

GENERAL TERMS AND CONDITIONS N.D.C. MADE BY HAND

1. Applicabillity

In these General Terms and Conditions, the following terms are considered as: ‘n.d.c. made by hand’: Forward Design NV (t/a) n.d.c. made by hand, with registered office at Koperstraat 1A, 9830 Sint-Martens Latem, listed under enterprise number 0891830866. 'Purchaser': any legal entity (B2B) that has or will be having a contractual relationship of whatever nature with n.d.c. made by hand.

'Products': the subject of one or more sales contracts, in this case – but not exclusively limited to – clothing, shoes and accessories from the brand n.d.c. made by hand. n.d.c. made by hand is fully aware of the content of her own terms.

Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the clauses included in the specific conditions shall prevail over the General Terms and Conditions, unless otherwise provided. Derogations from one or more clauses included in these General Terms and Conditions can only be effectuated on the condition that there is explicitly agreed evidence in writing. In that case, the remaining clauses included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. n.d.c. made by hand reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.

Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website by using the website or another electronic portal of n.d.c. made by hand and/or placing an order, which can be considered as applying for a membership status. n.d.c. made by hand can make an appeal to third parties if this is required for the correct execution of a contract with the Purchaser. n.d.c. made by hand can be reached via ‘http://ndcmadebyhand.com’.

2. Information and contracts

n.d.c. made by hand places information regarding the features of online platform with the utmost care, including technical descriptions which are based on details of its partners and suppliers, and pictures, diagrams, work methods, read examples illustrating the various options and tariff plans. Aforesaid to the extent allowed by technical means and in accordance with the best standards in the market.

Certain specifications of a product, such as color, size and others can differ upon delivery from the pictures as displayed on the website. A contract is concluded at the moment n.d.c. made by hand approves the membership application. This approval is conclusive by handing over a confirmation of order to purchaser or, in the case an offer was made via the website, by sending a confirmation of order to the e-mail address that has been indicated by purchaser.

An personal offer remains valid for two weeks, unless another term is mentioned in the offer. n.d.c. made by hand and its Purchaser explicitly agree that the use of electronic communication-techniques can result in a valid sales contract. The lack of an ordinary, digital or electronically qualified signature, in particular, does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of n.d.c. made by hand shall be considered to be presumptive evidence, in so far as the law permits as such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected as accurately as possible.

3. Prices

All prices are expressed in EURO (and, if required, in other international currencies such as GBP and USD) and include VAT and other taxes. However, in case the Purchaser acts as a legal entity, the possibility to express prices excluding VAT and other taxes exists.

Special offers are only valid as stock lasts. The Purchaser is bound by the price as communicated by n.d.c. made by hand in its confirmation, in accordance with article 2 of these Terms and Conditions.

Obvious or abundantly clear errors in the quotation, such as evident misstatements, can be corrected by nd.c. made by hand after the contract entered into force. Delivery charges are communicated in a clear way to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.

4. Payment

Prices indicated on the website include taxes (unless Purchaser is a business entity, B2B), but don’t include shipment costs. These shipment costs, if any, are to be paid by Purchaser and are displayed at the moment of checkout. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid via the common valid and internationally accepted credit cards and electronic payment methods, or via regular bank transfer.

Security measures via SSL are provided to allow your online payment to proceed safely. If payment cannot be handled immediately due to the choice of a financial means of payment that is incapable of effectuating such immediate payment, n.d.c. made by hand stipulates a term of payment of 14 days from the invoice date.

Invoices are only issued to legal entities (B2B), on request. If a client fails to pay the invoice within the term stated above, legal rates of interest will be due, without explicit notice of default. If n.d.c. made by hand does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will do the further handling.

Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by n.d.c. made by hand as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, are on the account of Purchaser. If the chosen payment method is a credit card, the conditions of the relevant card issuer apply. n.d.c. made by hand is not a party with regard to the relationship between the Purchaser and the card issuer.

5. Means of Delivery

We will process your order in accordance to the available supplies. In case the product of your order is not in stock, we oblige ourselves to inform you about the prospected date of delivery within 15 days following to the placement of your order.

Orders will be delivered as soon as possible. n.d.c. made by hand currently offers one way of shipment, namely through UPS (http://www.ups.com/content/be/nl/index.jsx?WT.mc_id=TMP_Belgium_10261&WT.srch=1). This way you’ll receive your parcel through mail/taxipost.

n.d.c. made by hand will do anything within her means to respect the delivery times indicated. However, n.d.c. made by hand cannot be held liable for late deliveries or orders that are lost by third parties or through unforeseen circumstances or majeure. If a delivery is not delivered within the term indicated, an investigation will be initiated into the transporter. This may occupy multiple days. During this period of time we cannot repay or send another package.

Products that are out of stock can be ordered. In case of such an order, a delivery-period of maximum 30 days following the order has to be taken into account. This maximum term of delivery is only applicable to B2C sales. In case of B2B sales, one has to take a maximum term of delivery of a couple of months into account. The sole expiring of the term of delivery does not bring n.d.c. made by hand into default.

It is of utmost importance to ensure that the products comply with the order on the moment of delivery. Purchaser must inform n.d.c. made by hand when this is not the case. Aforesaid within seven (7) working days, starting the day after delivery-date. All notices about a delivery that was not delivered on time need be indicated by e-mail via info@ndcmadebyhand.com. Returned products will only be accepted when in their original state, being the original packaging, accessories and manual included.

Unless stated differently, the delivery deadline is thirty (30) days after the receipt of the order. except when the payment occurred through bank transfer. In that case is the delivery deadline thirty days after the receipt of payment. The above stated term of delivery is only applicable in case it has been allowed by the Belgian Market Practice Act, as an indication, therefore, no rights can be derived from term stated above. Deliveries will occur on the address given by the Purchaser at the time of the conclusion of the agreement. As soon as the products have been delivered on the stated address, any involved risks are passed to the Purchaser.

6. Identity theft and credit fraud

In order to assure the safety of your online transactions, n.d.c. made by hand cooperates with authorized credit card payment partners and publishers Paypal and Ogone. Payment can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, Mastercard, American Express, Maestro, and others who are unambiguously mentioned on the website of Paypal and Ogone.

Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. The risk loss or theft of your identity or credit card information is hereby reduced to a minimum.

n.d.c. made by hand stores your identity and transaction information over a period of time in a secure, encrypted database, environment. n.d.c. made by hand believes all possible and appropriate precautions have been taken. Therefore, n.d.c. made by hand cannot be held liable for possible identity theft or financial theft.

7. Protection of n.d.c. made by hand prodcuts and services

n.d.c. made by hand has the right to take necessary measures to protect its Products and services (cloud-services and products used by clients) against technical failure and malicious practices.

These measures may include, but are not limited to, the cessation of the webservices (cloud-services), and modifying and deactivating software (like Mobile Software and Embedded Software) from a distance.

These measures explicitly include n.d.c. made by hand Products which are already taken into usage by users.

n.d.c. made by hand is not liable for damage caused by malicious practices or software.

8. Defects and complaint filing

The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days, without any consequences in the sense of penalties. Such return should not be reasoned. This is called the right of withdrawal.

This right of withdrawal requires that the product is free from damages, this includes the software and hardware, and in original packaging.

Products that are clearly personalised or designed to the individual requirements of purchaser, fall outside the scope of Article 47, § 4, 2 ° WMPC. This is also applicable to products which are made or edited to fit the specific needs of the customer. Such products do not qualify for the right of withdrawal.

Any return must be sent by UPS or another transport firm. The risks and expenses related to the return of a product are on the account of the Purchaser, except in case the product is not conform. Within the term stated, the Purchaser has the obligation to return the product to n.d.c. made by hand and ask for a document of returning via info@ndcmadebyhand.com . The product that is being returned has to have an RMA-number (Return Merchandise Authorisation). If this condition is not fulfilled the product may be returned to purchaser.

In case of a valid and legally correct use of the above right of withdrawal n.d.c. made by hand will issue a refund of the sum paid by the Purchaser to n.d.c. made by hand within seven (7) working days. This will happen through an internationally accepted method of payment chosen by n.d.c. made by hand.

No refund is possible when the Purchaser has misused the right of withdrawal. In this case the products will be returned to Purchaser, accompanied by motivated reasons, on the risks and expenses of the Purchaser.

According to the Belgian Market Practices Act you have the right to send back your products within 14 calendar days. However, products which are not changeable by their nature fall outside the scope of Article 47, § 4, 2 ° WMPC. In this case one could think of items like products which are made or edited to fit the specific needs of the customer. Therefore, such products do not qualify for restitution. Therefore, your purchase is final.

9. Waranty

According to the applicable and relevant laws, a legal warranty applies to all products delivered by n.d.c. made by hand. In case a delivered product does not comply with the agreement, Purchaser has the obligation to bring this to the knowledge of n.d.c. made by hand within seven (7) working days from the delivery. Any compensation following the legal provisions can never exceed the amount invoiced to the Purchaser. Usual or normal ‘wear and tear’, unintended or intended changes to the product by the Purchaser, inability to provide the original invoice or valid proof of payment and various omissions are explicit, but not limited, exceptions on aforementioned system of warranty. URLs included on the website or other electronic communication portals, which are actually controlled by n.d.c. made by hand, are to be clicked and visited entirely on the Purchaser’s own responsibility.

10. Force Majeure

In case of force majeure, N.d.c. made by hand shall not be obliged to comply with its obligations in respect of the other party. n.d.c. made by hand will be entitled to suspend the performance of its obligations for the duration of the force majeure. Force majeure is considered as any circumstance beyond its control that, entirely or partially, prevents compliance with its obligations regarding the other party.

11. Intellectual property

All intellectual property rights and derived rights are the property of n.d.c. made by hand. The considered intellectual property rights are copyrights, trademark rights (European trademark “n.d.c. made by hand”, id number: 007576416), designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.

The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.

12. Processing of personal data

n.d.c. made by hand requires the collection of personal information for the processing and completion of orders and the preparation of invoices and guarantee agreements. If the collected data is incomplete, n.d.c. made by hand preserves the right to cancel the order. Providing incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the n.d.c. made by hand website.

13. Applicable law and competent court

Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from n.d.c. made by hand or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.

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