General conditions
General conditions
1. INFORMATION ABOUT US
Deze website wordt beheerd door Mtools BV ("wij") en de goederen die u koopt zullen door ons worden geleverd. Wij zijn geregistreerd bij de Kamer van Koophandel onder het nummer 712.91.830 en met onze statutaire zetel te Habraken 1199c, 5507 TB te Veldhoven, Nederland.
Our VAT number is NL858654787B01.
You can contact us by email at info@en.mtools.nl, by phone at + 31 085 016 0737 or write to us at the address above. Mtools.co.uk is certified by Trusted Shops and has committed to comply with the Trusted Shops code of conduct which can be accessed at www.trustedshops.nl.
2. YOUR PERSONAL DATA
We will use your personal information in accordance with our privacy statement which you can access here.
3. ORDER
You can place an order of goods- offered for sale, on this website by following the on-screen instructions after clicking on the product you wish to purchase. You will have the opportunity to check your order and change any input errors until you place your order by clicking on the "Order with Commitment to Pay" button. By clicking on "Order with commitment to pay" your order is placed.
We acknowledge receipt of your order by sending an automatically generated e-mail accepting your order. This e-mail concludes the contract.
The contract covers only those specific goods listed in our confirmation email of our acceptance of your order. Please read and check these details in this email to ensure they are correct.
If the details in the confirmation email are incorrect, or if you are not satisfied with the details in the email, please contact us at info@en.mtools.nl
The contractual language is Dutch.
Where we accept your order, we have a legal obligation to supply goods in accordance with these terms and conditions.
4. PRICES AND SHIPPING COSTS
Information on this website regarding prices is subject to change by us without notice. The prices displayed at the time of ordering are the applicable prices.
Occasionally an error may occur and goods may possibly be priced incorrectly. In this case, we are not obliged to deliver the goods (based on this incorrect price).
We will either cancel your order and refund the price, or we will contact you asking if you want to proceed with the order (based on the correct price). If we are unable to contact you or if you do not wish to proceed with the order (based on the correct price), we will cancel your order and refund the price you have already paid. If the correct price of the goods is less than our stated price, we may (at our discretion) proceed with your order and charge the lower amount upon shipment.
Unless otherwise stated, all prices include VAT (if applicable) but exclude shipping costs. Shipping costs can be consulted here. These will be notified to you separately before you place your order after which they will also be confirmed by email.
5. AVAILABILITY AND DELIVERY
Information on this web site regarding availability is subject to change without notice. We cannot guarantee the constant availability of products on this site. All orders are subject to current availability at all times.
We deliver in the Netherlands and Belgium. We deliver the goods you order to the address you give us when you place your order on this site.
Delivery will be based on the information on the product pages after your order is accepted.
We will make reasonable efforts to deliver the goods by the agreed date. If no date is specified, we will deliver the goods within 30 days of the day you placed your order and it was accepted by us.
In the event of unforeseen circumstances (e.g. adverse weather conditions, unpredictable delays due to traffic jams, road works, detour or mechanical failures), we may not be able to deliver the goods by these deadlines and will not be liable for any delay or failure to deliver the goods if the delay is caused in whole or in part by such circumstances. In the event that a delivery is not made, we will work with you to agree an alternative delivery date.
We are also not responsible for any delays in delivery caused by someone not being available to take delivery of the products. It is your responsibility to contact the post office or courier company regarding the goods that could not be delivered because you were not available.
6. PAYMENT
Payment of goods must be made in accordance with the procedure described on the "Payment Methods" information page.
7. RIGHT OF WITHDRAWAL
You have the right to revoke the agreement within a period of 14 days without giving reasons.
The withdrawal period expires 14 days from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the good.
To exercise the right of withdrawal, you must inform us (Mtools BV) of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but are not obliged to do so. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from the contract, you will receive back from us all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after we are informed of your decision to withdraw from the contract. We will reimburse you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such reimbursement.
You must return or hand over the goods to us without delay, but no later than 14 days after the day on which you informed us of your withdrawal from the contract. You are in time if you return the goods before the 14-day period has expired.
You bear the cost of returning the goods yourself.
You are only liable for the depreciation of the goods resulting from the use of the goods.
Excluded from the right of withdrawal is a consumer purchase that involves the delivery of:
- products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- products ordered specifically for consumers. This includes all Makita machine parts. These are not part of the standard range and are therefore purchased specifically for the consumer on a per-order basis.
- products that spoil quickly or have a limited shelf life;
- products that are not suitable to be returned for reasons of health protection or hygiene and whose seals have been broken after delivery;
- products that have been irrevocably mixed with other items after delivery due to their nature;
- audio and video recordings and computer software whose seal has been broken after delivery;
- newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);
8. WARRANTY
Without limiting your right of withdrawal under Article 7, you may return the product to us, e.g., if the product is not the product ordered, it is damaged or defective, or it is an incorrect quantity delivered.
If goods are delivered with visible transport damage, you must report this damage -if possible- immediately to the delivery person and contact us as soon as possible. If you do not complain or do not contact us, this does not affect your legal rights and their enforcement, especially regarding your legal right to warranty. But you will then help us to enforce our own rights against the freight carrier or transport insurance company.
Once we have confirmed the defect or other problem, we will:
- Provide a full refund
- Provide a full refund for damaged or defective goods if within a reasonable time after the sale, or
- at your option, repair or replace the goods at our expense (including the cost of shipping) unless this is not possible or disproportionately expensive. In this case, you will receive a refund of the amount already paid for these goods.
We will keep you informed about the refund within a reasonable period of time. We usually process the refund request as soon as possible and in any case no later than 30 days after confirming via email about the refund for damaged or defective products.
9. OWNERSHIP
Purchased products remain our property until paid for in full. Once the goods are delivered to you or a third party designated by you, you bear the risk and are liable accordingly.
10. LIABILITY
Unless otherwise expressly agreed in the following, the statutory regulations on liability for defects shall apply.
The above limitations and shortened time periods do not apply to claims based on damages caused by ourselves, our legal representatives or agents:
- in case of damage to body, life or health
- in cases of willful or grossly negligent neglect of duty and in cases of bad faith
- in case of breach of essential contractual obligations, the fulfillment of which is indispensable for the proper performance of the contract and on the performance of which the other party to the contract may normally rely (cardinal obligations)
- under a given warranty, to the extent agreed upon.
11. GENERAL
If any provision of these Terms and Conditions is invalid or inadmissible, it does not limit the effect of the other provisions.
We may modify or otherwise edit these Terms and Conditions over time without notice. Please check our website periodically to see which Terms and Conditions are currently in effect.
12. APPLICABLE LAW
These terms and conditions are governed by Dutch law. Any agreement for the purchase of goods on this website and any disputes arising in connection therewith shall also be governed by Dutch law.
13. ONLINE DISPUTE RESOLUTION
The European Commission offers an online dispute resolution platform, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform for dispute resolution.