Terms of services of Ndáko

§1 Operator of the online shop and scope of these General Terms and Conditions

1. This online shop is operated by Ndáko, Zwanenveld 7309, 6358TN in Nijmegen/Netherlands. Ndáko is registered with the Dutch Chamber of Commerce in the Netherlands. Company ID: 77316932, Managing Director: Melanie Krausa.

2. The sale of goods is exclusively governed by these Terms and Conditions. Other Terms and Conditions, especially customers' Terms and Conditions, only apply if they have been accepted by us.

3. We sell our goods exclusively to consumers and only on demand.

4. English and German are the exclusive contract languages.

5. Our Online Shop is addressed to customers from the following countries:

• Netherlands

• Germany

• Belgium

• France

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§2 Conclusion of the contract

1. You can request a purchase via the contact form. After we will get in contact with you and discuss your purchase until we reach an agreement on the fabrics and colours. The colours shown in the photo are not always available and can therefore not be requested as such. An order that is binding for you only comes into effect after we received your prepayment. After the prepayment receival the manufacturing process will start. 

2. After the purchase a receipt of your order will be sent to you per e-mail (hereinafter “the Confirmation”). The Confirmation contains information regarding your order and states the General Terms and Conditions once again. If you have not already printed or otherwise saved the details of your order and the General Terms and Conditions during the ordering process, we would advise you to print and save this e-mail. It will not be saved by us. The Confirmation does establish a purchase agreement.

3. We reserve the right to decline the order; we are under no obligation to conclude a contract on the basis of your order. Your order is first accepted by us upon prepayment receival. You will receive notification of this in a separate e-mail. We do not accept orders from minors under the age of 18.

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§3 Availability of and delivery time for goods

The item or items ordered by you will be tailored only after receiving your prepayment. Thus, the delivery time cannot be given in days exactly because it is linked to the complexity of your request. We do not work with a storage thus delivery cannot be calculated beforehand. The delivery will be executed at the address provided by you during the purchase with a track & trace number which will be communicated to you.

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§4 Price

1. All prices shown for goods on the website include the applicable VAT.

2. In addition, shipping cost is not included and will be communicated at purchase.

3. The price is to be paid in Euro.

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§5 Payment terms

The items offered by Ndáko, can only be purchased by prepayment.

1. Payment is only possible with PayPal: your bank or credit card details are recorded by PayPal upon registration.

2. All payments shall be made in EURO.

3. Please note that your agreements with credit institutes or other institutions may result in additional costs for electronic transfer, holding an account etc.

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§6 Claims due to defects and liability for damages

1. The statutory provisions on material defects and defects of title apply. Any and all information provided serves only as product description and is not to be regarded as a guarantee.

2. We are unlimited liable for willful intent and gross negligence committed by our bodies, representatives and vicarious agents. We are further liable for minor negligence committed by our bodies, representatives and vicarious agents in the case of impossibility, delay in performance, non-compliance with a guarantee or infringement of another essential contractual obligation. Essential contractual obligations are those upon whose compliance the parties of the contract may rely on or which makes execution of the contract possible in the first place. In the case of minor negligent infringement of the aforementioned obligations, our liability is limited to contract-typical damages that were foreseeable upon conclusion of the agreement. The aforementioned limitation of liability shall not apply for damages or losses arising from injury of life, body and health, for defects covered by a guarantee for the quality of the contractual good and in the case of fraudulent concealment of defects. Claims pursuant to the Dutch Product Liability Act remain unaffected.

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§7 Copyright and trademarks

The website operated by us and its entire content, (in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations), any software and all trademarks and/or designs are all protected against unauthorized use by commercial proprietary rights, in particular copyrights, name and image rights, trademarks rights and/or design rights (registered or unregistered). Any use beyond searching for and purchasing goods requires prior written permission from us or, if we are not the holder of the respective rights, from the holder of rights.

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§8 Applicable Law

The law of the Kingdom of the Netherlands applies.

 

§9 Information on telephone costs

You shall incur telephone costs for contact by telephone pursuant to your telephone contract, you shall not incur any further costs.

 

§10 Right of withdrawal and instructions on withdrawal 

Statutory right of withdrawal and instructions on withdrawal does not apply to products from Ndáko given that the items are custom-made and made to order.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

§11 Consumer arbitration

1. The consumer ODR-platform of the EU Commissionbrandung can be reached via https://ec.europa.eu/consumers/odr/.

2. Ndáko is not willing or obligated to participate in dispute settlement proceedings before a ADR entity.

 

As of 31st of January 2021