Terms & Conditions

 

Definitions (1)
1.1 NIHIL: NIHIL v.o.f., located in Enschede and registered
at the Chamber of Commerce under
number 08118914. NIHIL is owner from Mad Rock Europe online store.

1.2 Client: the person who does not represent a profession or business
and who enters into an agreement with NIHIL, owner store.madrockclimbing.eu.
1.3 Website: The website, accessible via www.nihilclimbing.com/shop.
1.4 Agreement: any contract whereby sole use is made of one or more techniques for communication
within the framework of a system organized by NIHIL for the sale of products, up to and including the moment
that the contract is concluded between NIHIL and the client.
1.5 Withdrawal period: The period of time in which the client has the opportunity to cancel the agreement
through his right of withdrawal.
1.6 Right of withdrawal: The possibility for the client to return the ordered products to NIHIL within
the withdrawal period in exchange for the purchase amount.


Prices, payment and establishment of an agreement (2)

2.1 Products offered on website contain a description, delivery charges and prices

including BTW (VAT).
2.2 All delivery times stated on website are of an indicative nature and do not give the client any right
to dissolution, compensation and/or suspension.
2.3 An agreement is established after a client accepts an offer from website and NIHIL
accepts the client as a customer.
2.4 Payments can be made in the following way:
● During the establishment of an agreement via electronic payment or;
● By paying using a Creditcard.

Delivery (3)
3.1 Ordered products are send by a forwarder choosen by NIHIL.
3.2 In principle the products ordered by the client will be delivered within seven (7) days
after an agreement is established between NIHIL and the client.
3.3 If NIHIL can not meet the delivery as described in Article 3.2 a new delivery period
will be mentioned by NIHIL. When NIHIL is not able to deliver the products ordered
by the client within thirty (30) days, the client can cancel the agreement.


Returning Products (4)

4.1 The client is entitled, using his right of withdrawal, to return the ordered products within seven (7) days

after delivery by NIHIL.
4.2 The sums paid by a client prior to the withdrawal will be reimbursed/refunded within fourteen(14) days
by NIHIL after receiving the returned products.
4.3 The risks of return and the cost of shipment will be at the expense of the client when they exercise their right of withdrawal.
4.4 NIHIL reserves the right to only partially refund the payment when it is noted that the products and/or packaging
has been opened, used or damaged by the client.


Warranty (5)

5.1 The client is obliged to inspect the products promptly and carefully upon delivery. Any claims on defects or

malfunctions must be reported immediately to NIHIL, but in any event within fourteen (14) days after delivery.
5.2 If NIHIL finds the claim well founded, NIHIL will offer the client repair, a replacement product or refund
of the invoice value of the product.
5.3 The warranty period on all product is three months. The client has no right to warranty as described
in this article if NIHIL determines that the fault in a product is caused by the client. The product delivered
by NIHIL are made from material of which the durability depends on different factors. Wear from use
or improper handling, shrinkage and discoloration due to light and washing, are not covered by the warranty.
5.4 The client has no right to warranty as described in this article if NIHIL determines that the fault in a product
is caused by the client. The product delivered by NIHIL are made from material of which the durability depends on
different factors. Wear and tear as a result of ordinary use, incorrect treatment and fading from sunlight are
not covered by the warranty. 


Force majeur (6)

6.1 Parties shall not be held liable for 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.
6.2 Throughout the duration of the circumstances of force majeure, NIHIL shall be entitled to suspend
the fulfilment of its obligations. If this period lasts for more than thirty (30) days, either of the parties shall
be entitled to cancel the agreement without any obligation to pay the opposite party damages.


Liability (7)

7.1 If NIHIL is held liable, any liability shall be limited to the invoice value of the order, or at least to that part

of the order in which the liability relates
7.2 NIHIL is only liable for direct damages. As a result of direct damages the client must accept and agree to:
The reasonable costs incurred to establish the cause and extent of the damage.
● The reasonable costs incurred to establish the cause and extent of the damage
● Any reasonable expenses made to make substandard products comply with the desirable properties as meant
in the agreement, but only to the extent as these expenses can be attributed to NIHIL.

● Any reasonable costs made to prevent or minimize damage, but only if the client demonstrates that these
costs have led to the limitation of direct damage as referred to in this article.

7.3 NIHIL excludes all liability for indirect damage suffered due to the use of the products delivered by NIHIL,
except for situations where the damage is directly caused due to intent or gross negligence on the part of NIHIL,
his directors and / or management staff.

7.4 NIHIL is never liable for the following damages: consequential damages, lost profits, lost savings and damage
due to business stagnation.


Applicable law and disputes (8)

8.1 Only Dutch law shall apply to each and every agreement between NIHIL and the client. The CISG is not applicable
under the Agreement.

8.2 Client and NIHIL shall only refer the matter to the court if they have done their utmost to solve the dispute
through mutual consultations.