Terms and Conditions

These general terms and conditions are applicable to all the orders placed via madameblue.nl. Upon request, we will send our terms and conditions to you in writing. The present terms and conditions are filed at the office of the Chamber of Commerce of Haaglanden, The Netherlands. The most recently filed version shall always apply, or, the case ensuing, the version valid at the time the agreement was concluded.
Read them before ordering.

Acceptance of general terms and conditions
The present terms and conditions shall apply to each offer and agreement between madameblue.nl and a second party (the customer), insofar as parties have not explicitly deviated from the present terms and conditions in writing.
The present terms and conditions shall also apply to agreements with hollandwinkel.nl who will call for the services of third parties for the excecution.
Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing.

Order confirmation
All offers shall be free of obligation and shall be made in one written form or other and shall bear a date.
madameblue.nl shall only be bound by offers if the customer accepts such, preferably in writing, within thirty (30) days.
Once the payment has been confirmed, the order is accepted by madameblue.nl and will be confirmed by madameblue.nl
It shall not be possible to bind madameblue.nl to her offers if the customer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer, or part thereof, obviously contains a mistake or an error in writing.
If the acceptance deviates (on secondary items) from the offer given, madameblue.nl shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless madameblue.nl indicates otherwise.
madameblue.nl reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem completing the delivery.

Prices
The total price, shown on the order, is definitive and includes: prices of the products, handling costs, packaging and transport.
Our prices and shipment-handling charges and offers are in Euro’s. No custom duties or value added taxes shall be due for deliveries in the European Union.
At his/her express demand, madameblue.nl will issue an invoice for the customer at an indicated address.
There is no VAT refund.

Guarantee
madameblue.nl guarantees that the goods to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the site and date the order was made.
The guarantee mentioned above shall be valid for the standard period the goods ought to be fresh, untill date best before if applicable.
No guarantee is given at defect goods when this is the result of injudicious or improper use or when the customer or third parties have introduced changes or tried to introduce changes to the goods without madameblue.nl ‘s knowledge or consent in writing or if they have used it for purposes for which the goods were not intended.

Receipt
Upon receipt, the customer must inspect the delivered goods at the moment of delivery, but in any case in as short a period of time as possible. He/she must examine whether the quality and the quantity of the delivered goods comply with what was agreed upon.
Possible visible shortcomings must be reported (description given) via e-mail to info@madameblue.nl within 48 hours following recediving, together with the submission of the note of purchase and the defect good.
If the customer wishes to return defect goods, he/she shall only do so following prior consent in writing via e-mail with info@madameblue.nl and on his/her own cost.

Transfer of risk
The risk of loss of, or damage to the products being the subject of the agreement, shall be transferred to the customer the moment the said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.

Payment
madameblue.nl expects payment via paypal or credit-card before shipment, unless other arrangements have been made.
Shipment will take place after receiving payment confirmation from paypal or our creditcard intermediair.
Following information will be asked: Name, address, zipcode, phonenumber, e-mail address, creditcard information, shipping address if other than above.
The info will appear on the screen and can be printed for your convenience.
Automatically an e-mail will be send to your e-mail address with a confirmation number on your order.
Your information will not be passed on to third parties (according to the Person Registration Law, Netherlands).

Cancellation
The customer has the right for a period of 4 working days to end the agreement, without stating any reason. He/she should inform us in writing via info@madameblue.nl

Copyrights
madameblue.nl shall reserve the rights and authorities to which she is entitled under the Copyright Act.
The design of the Webshop, sketches, films, software and other material or (electronic) files, shall remain madameblue.nl’s property.
If used by the customer this can only be done exclusively and must not be reproduced, made public or brought to the notice of third parties.

Liability
When the producer of a defective good is liable for consequential damage, madameblue.nl ‘s liability shall be limited to replacing the defective good, or to returning the purchase price.
The customer is personally liable for its choice of products and after delivery is entirely responsible for the conservation and consumption of the products.

Force majeure
Nor madameblue.nl nor the customer shall be held to fulfill any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
In addition to the provisions of the law and the judge-made law in this respect, force majeure in the present general terms and conditions shall furthermore be understood to be any external circumstance, be it envisaged or not, on which madameblue.nl cannot have any influence but which prevents madameblue.nl from fulfilling the obligations.

Safeguarding
The customer shall safeguard madameblue.nl against claims filed by third parties concerning intellectual property rights on material or data provided by the customer.
The customer shall guarantee that if he/she provides madameblue.nl with any information carrier, electronic files or software, they are free of viruses and defects.

Disputes
The Court in madameblue.nl’s place of bussiness shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. madameblue.nl shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law.

Applicable law
Dutch law shall apply to each and every agreement between madameblue.nl and the customer. The Vienna Sales Conventions shall be explicitly excluded.