Terms and Conditions

Terms and Conditions M-1 webshop

Scope of the Terms

These General Terms and Conditions exclusively apply to all business relations between

a customer (hereinafter referred to as the “Customer“) and M-1 Nederland B.V. (hereinafter referred to as “M-1“) relating to products offered by M-1 and purchased by the Customer through the website as defined below. The laws of the Netherlands shall apply and the United Nations Convention on Contracts for the International Sale of Goods is excluded.

The applicability of conditions of the Customer, if any, is explicitly excluded.

Provisions that deviate from these General Terms and Conditions can be invoked by the

Customer only if and to the extent that these provisions are accepted by M-1 in writing.

Conclusion of the Contract

Orders placed by the Customer via the website http://www.m-1global.com (hereinafter

referred to as the “Website”) for the products offered by M-1 through the Website are

only an offer to conclude a sales contract. The sales contract is only concluded upon the

confirmation of the order by e-mail by M-1 to the Customer. The e-mail by means of

which M-1 confirms the receipt of the order to the Customer shall not qualify as

confirmation of the order.

The contract partner of the Customer is M-1 Nederland B.V., with

registered offices at Hendrik Figeeweg 1X, 2031 BJ, Haarlem, the

Netherlands, registered with the Chamber of Commerce in Amsterdam, the

Netherlands, under nr. 34296808.

M-1 shall be free to engage the services of third parties for the performance of its

obligations under a sales contract.

M-1 decides at its sole discretion whether or not to accept any order.

Should M-1 not show any reaction with 10 business days after the order has been

placed, then the order is deemed to have been rejected.

All information provided by M-1, whether through electronic intermittence or by

telephone, shall be as accurate as reasonably possible. However, M-1 shall not be

liable for any error. More specifically, delivery data shall be indicative only and the

images of products offered on the Website are for illustration purposes only and M-1

shall not be bound thereby in any way whatsoever.

M-1 reserves the right to deliver products that are equal in quality, price and/or

function instead of the products ordered by the Customer.

Price and costs

The price of a product as shown on the Website (hereinafter referred to as the “Purchase

Price”) is inclusive of applicable taxes but exclusive of shipping costs.

M-1 reserves the right to change the Purchase Price of any of the products offered at

any time.

Costs which may arise due to customs duties or customs clearance are borne by the Customer.

Power to dissolve, filing of complaints

The Customer has a right to dissolve the sales contract as per the terms set forth below.

The Customer is not obliged to include the reason for dissolving the sales contract. The

dissolution shall be made in writing or by return of the products within fourteen (14) days of

receipt of the products by the Customer to M-1.

The Customer bears the direct costs and risks of the returned products.

A right of dissolution does not exist with regard to products made according to the

Customer’s specifications, which are personalized or which are not suitable for return

due to their nature and/or constitution.

If the Customer exercises his/her right of dissolution, (s)he is obliged to return the

products as soon as reasonably possible but at least within fourteen (14) days of the

dissolution.

M-1 has the right to set off any depreciation of products returned in case of (mis)use

of the products. This is not applicable if the depreciation is the sole result of the

examination of the products.

The return of the products shall, as much as possible, include the original packaging,

and shall be done to the address:

M-1 Nederland B.V.

Attn. Warehouse

Hendrik Figeeweg 1X

2031 BJ Haarlem

The Netherlands

In case of an effective return, payments already received are to be refunded.

In case a Customer wishes to file a written complaint regarding any part of concluding or

executing a sales contract following an order made by Customer via the Website,

Customer is entitled to do so at the following address:

M-1 Nederland B.V.

Attn. Customer Service

Hendrik Figeeweg 1X

2031 BJ Haarlem

The Netherlands

In case a Customer wishes to file a verbal complaint regarding any part of concluding or

executing a sales contract following an order made by Customer via the Website,

Customer is entitled to do so at the following telephone number:

+31 23 532 45 26

Delivery Time

Delivery is made to the address stipulated by the Customer.

M-1 reserves the right to deliver products ordered partially.

Methods of Payment

Payment can be effected by the following credit cards: American Express, MasterCard

and VISA as well as by means of iDEAL.

Products shall only be dispatched to the Customer after full payment has been received

by M-1.

If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in

default without notice. As soon as the Customer is in default on any payment, all M-1'

remaining claims on the Customer are due, and the Customer is immediately in default

without notice with respect to those claims. As from the day on which the Customer is in

default, s/he owes to M-1 a late interest of 1.5% per month or part of a month during

which the default continues.

Reservation of Title

All products delivered by M-1 remain the property of M-1 until such time as the

Customer has paid in full all amounts owed to M-1 in connection with the products

delivered, including damages, costs and interest. The Customer has no right of retention

with respect to these products.

Jurisdiction

All disputes existing or arising between parties shall be heard exclusively by the

competent Amsterdam court, unless the law provides for a mandatory other forum.

Maintenance of products

The washing and maintenance instructions indicated on the tags of the products are

pointed out to the Customer. M-1 does not bear costs or compensate any damage

occurring to products due to improper handling.

The Duty to Inform in Accordance with the EU Battery Directive

Some products sold by M-1 contain batteries. Batteries may not be disposed of in

domestic waste. The Customer is obliged by law to dispose safely of all batteries.

Batteries can be returned, for instance, to public collecting points or to places where

batteries are sold.

Liability

M-1 is never obliged to pay compensation for damages except if and insofar as the

damage suffered was inflicted intentionally or by the gross negligence of M-1 or its

own employees. M-1’ liability for loss of profits, consequential or indirect damages is,

however, at all times excluded, except in the case of intention on the part of M-1 itself.

In all cases in which M-1 is obliged to pay compensation for damages, this will never

be higher than, at its option, either the invoice value of the product delivered to which or

in connection with which the damage was caused, or, if the damage is covered by an

insurance policy of M-1, the amount that is actually paid out by the insurer with

respect thereto.

Any claim towards M-1, except those recognized by M-1, lapses after a period of six (6)

months from the time the claim arose.

Force majeure

M-1 is entitled to invoke force majeure if the implementation of the agreement is, in

whole or in part, temporarily or not, prevented or impeded by circumstances reasonably

out of its control, including site or building blockades, strikes, specific work interruptions

or work-to-rule slowdowns and lockout, delay in the provision to M-1 of parts, goods

or services ordered from third parties other than by circumstances to be imputed to

M-1, accidents and interruptions of business operations.

In the case of force majeure on the part of M-1, its obligations are suspended. If the

force majeure lasts longer than three months, M-1 and the Customer are both

authorized to rescind the non-feasible parts of the agreement by a written declaration.

Intellectual Property

The Customer acknowledges that M-1 is and remains the sole and exclusive owner of

all trade names, brand names, domain names, patents, copyrights, database rights,

registered and unregistered designs and other proprietary trademarks of M-1. The

Customer will in no event be granted M-1’ proprietary rights.

In particular, the Customer shall not register or use M-1’ proprietary rights in any