New Industrial Order Terms and Conditions
1. Article 1 - Definitions
The following definitions apply in these Terms and Conditions:
1.1 Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
1.2 Day: calendar day;
1.3 Contract: a contract concluded between N.I.O. and Consumer within the framework for the sale of Personalised Products;
1.4 Personalised Products: products whereby the Consumer provides his measurements and preferences and thereby personalises the product, after which the product is printed using a 3D printer;
1.5 Right of Withdrawal: the possibility for Consumer to waive a Contract within the withdrawal period of 14 Days;
1.6 Right of Remake: the one-time right for Consumer to have his Personalised Product remade, as set out in Article 7;
1.7 N.I.O.: New Industrial Order, a company that offers Personalised Products to Consumers from a distance;
1.8 Remake Period: the period within which Consumer can make use of his Right of Remake.
2. Article 2 – Identity of N.I.O.
2.1 Registered address:
New Industrial Order / The Girl and the Machine
Herengracht 101-1, 1015 BE Amsterdam
Chamber of Commerce number: 70725985
3. Article 3 – Applicability
3.1 These Terms and Conditions apply to every offer made by N.I.O. and to the Contract or any other contract entered into and orders between N.I.O. and Consumer.
3.2 Prior to the Contract being entered into, these Terms and Conditions will be made available to the Consumer.
3.3 In the event of one or more of the provisions of these Terms and Conditions proving to be partially or fully void or voided at any time, the other provisions will otherwise remain fully in effect and the parties thereto will liaise in order to agree on the immediate replacement of the said provision by a provision as close as possible to the purport of the original provision.
3.4 Situations arising that are not stipulated in these Terms and Conditions should be judged in the spirit of these Terms and Conditions.
3.5 If uncertainty exists regarding the interpretation of one or more provisions of these Terms and Conditions, then the explanation should take place in the spirit of these Terms and Conditions.
4. Article 4 – Offers
4.1 Offers are free of obligations. N.I.O. is entitled to cancel, change and modify the offer, even shortly after acceptance.
4.2 Offers contain a complete and precise description of the Personalised Product provided. Descriptions are sufficiently detailed to allow the Consumer to make a proper assessment of the offer.
4.3 Images of Personalised Products are truthful representations of the Personalised Products offered. N.I.O. cannot guarantee that the colours displayed correspond exactly with the actual colours of Personalised Products.
4.4 Each offer shall include all necessary information clearly setting forth the Consumer’s rights and obligations related to accepting the offer, specifically:
· the price inclusive of taxes for countries within the EU;
· any delivery costs that apply;
· the way in which the Contract will be entered into and the actions required to establish this;
· applicability or non-applicability of the Right of Withdrawal;
· the means of payment.
5. Article 5 – The Contract
5.1 Subject to the provisions of Article 4, the Contract is entered into at the moment the Consumer accepts the offer and meets the associated terms and conditions.
5.2 N.I.O. will send the following information to the Consumer together with the Personalised Product, in writing or in such a way that the Consumer can access and store the information on a permanent data carrier:
· the registered address of N.I.O. to which the Consumer can take any complaints;
· the conditions under which the Consumer can exercise the Right of Withdrawal and the method for so doing, or a clear statement relating to the exclusion of the Right of Withdrawal;
· the information relating to guarantees.
6. Article 6 – (Exclusion) of the Right of Withdrawal
6.1 In general, when purchasing products, Consumers have the right to terminate such contract without giving any reason within 14 Days. Exceptions apply to products that are manufactured on the basis of an individual choice or which are clearly intended for a specific person.
6.2 All of N.I.O.'s products are Personalised Products and fall under the statutory exception for the Right of Withdrawal. Therefore, the Right of Withdrawal is hereby expressly excluded, and does not apply in regard to the Personalised Products. However, N.I.O. guarantees that product fits the customer. If the product does not fit, it is unravelled and knitted again as described in article 7.
7. Article 7 - Guarantee: Right of Remake
7.1 N.I.O. guarantees that the Personalised Products comply with the Contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions in force on the date of the conclusion of the Contract.
7.2 In the event a Personalised Product is defective or does not correspond with the Contract or Consumer's measurements, and this is attributable to N.I.O., the Consumer is granted a one-time Right of Remake free of charge.
7.3 The Right of Remake does not apply in the event the Personalised Product is defective or does not correspond with the Contract or Consumer's measurements if this is attributable to the Consumer.
7.4 The Right of Remake period is 30 Days and commences on the Day after the Personalised Product is received by the Consumer.
7.5 If the Consumer wishes to exercise his Right of Remake, the Consumer shall return the Personalised Product within 30 Days following the receipt of the Personalised Product. The Consumer must be able to prove that the Personalised Products delivered were returned to N.I.O. within the permitted time period, for example in the form of a receipt, and that the defect is covered by the guaranteed Right of Remake.
7.6 If the guarantee does not apply to the returned Personalised Product, N.I.O. will return the Personalised Product to the Consumer.
7.7 Nothing in the Contract or guarantee can be regarded as a limitation of the Consumer's statutory rights under the applicable consumer sales law.
8. Article 8 – Price
8.1 Prices of the Personalised Products offered will not be increased during the period stated in the offer, except for price changes due to VAT rate changes.
8.2 Prices stated in offers of Personalised Products include VAT.
8.3 Prices are conditional and subject to printing and typographical errors. No liability is accepted for the impact of printing and typographical errors. In the event of printing and typographical errors, N.I.O. is under no obligation to deliver the product at the incorrect price.
8.4 When sending Personalised Products outside of the EU, additional costs such as import (customs) duties, VAT, customs clearance costs and other costs incurred for importing products are for the Consumer’s own account. N.I.O. cannot be held liable for and shall not reimburse these costs.
9. Article 9 – Payment
9.1 Amounts owed by the Consumer are payable in accordance with the payment options offered by N.I.O. from time to time.
9.2 It is the duty of the Consumer to notify N.I.O. of any inaccuracies in payment data supplied to the latter immediately.
10. Article 10 – Liability
10.1 As far as permitted by law, N.I.O. excludes all liability for any damages incurred by Consumer if the product ordered by Consumer is not available and/or delivered (on time).
10.2 Without prejudice to the provisions of Article 13, and as far as permitted by law, N.I.O.'s liability will be limited to maximum amount of the purchase price of the concerning product.
11. Article 11 - Intellectual Property
11.1 N.I.O. owns all intellectual property rights related to Personalised Products.
11.2 If Consumer sends in his own design for the Personalised Product, all intellectual property rights with respect to such design will be transferred to N.I.O..
11.3 When Consumer submits his own design he guarantees that the design does not infringe any third party intellectual property rights.
12. Article 12 - Privacy
12.1 In placing an order, N.I.O. shall process Consumer personal data where necessary (e.g. name, delivery address, e-mail). These details will be used only as necessary to achieve the goals for which the details are obtained and processed (e.g. for delivering orders and maintaining contact with the Consumer).
12.2 N.I.O.'s Privacy Policy applies to all Personalised Products, all services offered by N.I.O. and any other interaction with N.I.O..
13. Article 13 – Force Majeure
13.1 In the event of force majeure N.I.O. has the right to suspend all her obligations under the Contract. An event of force majeure includes strikes, breakdowns, sickness or import/export bans at N.I.O. or at third parties engaged by N.I.O..
13.2 In the event it is clear that the period of force majeure will last longer than two months, either of the parties has the right to dissolve the Contract without having the obligation to pay any damages.
14. Article 14 – Disputes
14.1 All contracts between N.I.O. and the Consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law. This choice of law does not affect the mandatory applicable consumer sales law of the country in which the Consumer has his place of residence.
14.2 Any and all disputes arising from these Terms and Conditions and the Contract will be submitted to the competent court of Amsterdam, The Netherlands, notwithstanding the Consumer's right to start proceedings at the court of his place of residence.
14.3 N.I.O. is required to participate in Alternative Dispute Resolution for consumers. N.I.O. hereby informs Consumer of the existence of the Online Dispute Resolution platform of the European Commission. You can find the Online Dispute Resolution platform here:
https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
15. Article 15 – Questions and complaints
15.1 For questions and/or information, Consumers can contact N.I.O. at telephone number: +31 (0)6 1706 2724 or at the e-mail address info@new-industrial-order.com.
15.2 In the event Consumer is not satisfied with the Personalised Products or any other services of N.I.O., Consumer has the possibility to file a complaint at telephone number +31 (0)6 1706 2724 or at e-mail address info@new-industrial-order.com. This must be done within 30 days following the day Consumer discovered or should reasonably has discovered the reason to file the complaint.