Terms of service
| GENERAL TERMS & CONDITIONS | ||
| 1. The following terms shall apply unless otherwise agreed in writing. | ||
| 2. A binding agreement shall be deemed to exist once Made in Blog Agency ("MADE IN") has submitted a written order confirmation and the purchaser has raised no objections within a period of seven (7) days after the receipt of the order confirmation. The purchaser’s cancellation of the confirmed order can only be accepted with prior written consent from MADE IN. In case of MADE IN acceptance the purchaser shall pay 25 % of the order value within 8 days from the cancellation date. | ||
| 3. MADE IN reserves the ownership of the delivered goods until full payment is effected by the purchaser. All costs incurred in connection with the enforcement of the retention of title shall be paid by the purchaser. | ||
| 4. Divergences from orders placed may occur and will be announced by means of order confirmation sent out to the purchaser as soon as possible after the order. MADE IN holds no responsibility in that matter and divergences in +/- 15 % does not entitle the purchaser to cancel the order. | ||
| 5. Delivery will be made to the purchaser’s warehouse and freight charge will be invoiced to the purchaser, unless otherwise agreed. | ||
| 6. The delivery time will be stated in the order confirmation. MADE IN shall be entitled to postpone the delivery time by fourteen (14) days and shall immediately notify the purchaser in writing of any such postponement. In the event of force majeure, cf., however, the provisions below, delivery may be postponed until the obstacle ceases and ordinary trading and transport become possible. If delivery has not been fulfilled within fourteen (14) days from the stated delivery, the delivery can only be considered as being in delay if the purchaser has given MADE IN a written reminder and delivery has not been performed within seven (7) days from MADE IN’ receipt of the reminder. | ||
| 7. The Parties shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the performance of the Agreement: war and mobilisation, riot and civil unrest, acts of terrorism, natural disasters, strikes and lockouts, scarcity of goods, faults, defects or delay in delivery from sub-suppliers or if sub-suppliers are otherwise hit by the present circumstances, fire, lack of means of transportation, exchange control regulations, import and ex-port restrictions, death, illness or absence of key staff members, computer viruses or any other circumstances that are beyond the Parties direct control. In such case, the Party shall be entitled to postpone fulfillment of the obligation until the obstacle has ceased or, alternatively, to cancel the Agreement in full or in part without incurring any liability for this, if the obstacle causes fulfillment to be postponed for more than six (6) months. | ||
| 8. Goods delivered shall correspond to the sample collection shown. Every item is unique and minor divergences may hence occur without thereby granting any right to submit a claim for compensation. | ||
| 9. The purchaser shall immediately, upon receipt, check the goods received with regard both to quantity and quality. Any compensation claims shall be submitted in writing and shall reach MADE IN no later than eight (8) days after delivery has taken place. Compensation claims will only be accepted subject to the approval of MADE IN in every individual case, in which context the purchaser shall receive a replacement item or be credited with the amount corresponding to the value of the garment returned. | ||
| 10. Compensation claims for individual items shall not entitle the purchaser to cancel other parts of the order. | ||
| 11. Costumer compensation claims received by the purchaser in the period after that stipulated in point 8 above shall be forwarded in writing to MADE IN within ten (10) days of their receipt by the purchaser. Costumer’s compensation claims will only be accepted subject to the approval of MADE IN in every individual case, in which context the purchaser shall receive a replacement item or be credited with the amount corresponding to the value of the garment returned. It is at the purchasers own risk that a customer compensation claim will be accepted by MADE IN, at if the purchaser wished to obtain MADE IN’s comments to the complaint before replacement or crediting to the customer, the purchaser must submit the complaint immediately to MADE IN and await MADE IN reply. | ||
| 12. All prices are shown excluded taxes and MADE IN’s payment terms are prepayment before delivery unless otherwise stated. MADE IN may postpone delivery of orders or cancel orders by written notice and without incurring any liability for this if the purchaser is in arrears with payment for previous consignments delivered. MADE IN reserves the right to cancel the order if payment is not made on the due date. Any financial loss that MADE IN incurs as a result hereof shall be compensated fully by the purchaser. MADE IN reserves all the right to demand payment in advance if invoices for previously delivered collections have not been settled by the date of delivery for a new collection. | ||
| 13. The purchaser shall only sell the goods in the purchaser’s regular established retail store or through the purchasers online web store. The purchaser is not entitled to sell the goods at e.g. fairs or garage sale unless agreed to in writing by MADE IN. This is a key prerequisite of this agreement. | ||
| 14. MADE IN has to approve all promotions and sales, marketing and sales materials, which includes the Trademark of OYOY. | ||
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15. MADE IN shall, to the extent permitted by applicable laws, and in respect of any legal basis for the claim, including product liability, not be responsible for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. In any event, the maximum liability shall be equal to repayment by MADE IN to the purchaser of the payment made for the delayed or defective part of the order. 16. Any disputes shall be settled under Quebec law |
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ACCOUNTS 1. Any account that remains inactive for a continuous period of 30 (thirty) days without a first order been made will be notified of such inactivity by the company. After a 7 (seven)-day period following the notification of inactivity, the account will be deactivated by the company.
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