Terms & Conditions

GENERAL TERMS AND CONDITIONS – METALWEAR

WEBSITE: www.metalwearofficial.com

Article 1 – Definitions

Metalwear: Metalwear, established in Wateringen, registered with the Dutch Chamber of Commerce under number 98266411.
Customer: the party with whom Metalwear has entered into an agreement.
Parties: Metalwear and the Customer jointly.
Consumer: a Customer who is a natural person acting as a private individual.

Article 2 – Applicability

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Metalwear.
Metalwear and the Customer may deviate from these terms only if agreed in writing.
The applicability of any general terms and conditions of the Customer or third parties is expressly excluded.

Article 3 – Prices

Metalwear uses prices in euros (€), including VAT and excluding any additional costs such as administration or shipping costs, unless agreed otherwise in writing.
Metalwear may change the prices of its services and products on its website and in other communications at any time.
Increases in the cost prices of products or parts thereof, which Metalwear could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The Consumer has the right to terminate the agreement due to a price increase as referred to in paragraph 3, unless the increase results from a statutory regulation.

Article 4 – Samples and Models

If the Customer has received a sample or model of a product, no rights may be derived from it other than that it serves as an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered will correspond to the sample or model.

Article 5 – Payments and Payment Term

Metalwear may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The Customer must have paid any remaining amount within 14 days after delivery.
The payment terms used by Metalwear are strict deadlines. This means that if the Customer fails to pay the agreed amount by the last day of the payment term, the Customer is automatically in default without the need for any reminder or notice of default.
Metalwear may make delivery conditional upon immediate payment or require security for the total amount of the services or products.

Article 6 – Right of Reclamation

If the Customer is in default, Metalwear may invoke its right of reclamation with respect to the unpaid products delivered to the Customer.
Metalwear shall invoke its right of reclamation by means of a written or electronic notification to the Customer.
Once the Customer has been informed of the invocation of the right of reclamation, the Customer must immediately return the relevant products to Metalwear, unless otherwise agreed in writing.
The Customer shall bear the costs of retrieving or returning the products referred to in paragraph 3.

Article 7 – Right of Withdrawal

A Consumer may cancel an online purchase within 14 days after purchase without stating any reason. This right of withdrawal does not apply if:

  • the product has been used

  • the product is perishable, such as food or flowers

  • the product has been custom-made or modified for the Consumer

  • the product cannot be returned for hygienic reasons, such as underwear or swimwear

  • the seal has been broken in the case of digital data carriers such as DVDs or CDs

  • the product or service concerns accommodation, travel, restaurant services, transport, catering or leisure activities

  • the product is a single newspaper or magazine

  • the Consumer has waived the right of withdrawal

The 14-day withdrawal period referred to in paragraph 1 commences:

  • on the day after the Consumer has received the last product or part of an order

  • once the Consumer has confirmed that digital content will be supplied via the internet

The Consumer may exercise the right of withdrawal by sending an email with that subject to __________, optionally using the withdrawal form available on Metalwear’s website, www.metalwearofficial.com.
The Consumer must return the product to Metalwear within 14 days after sending the notification referred to in paragraph 3.
If the Consumer fails to return the product within this period, the right of withdrawal shall lapse.

Article 8 – Reimbursement of Delivery Costs

If the Consumer has timely withdrawn the purchase and returned the complete order to Metalwear in time, Metalwear shall refund any delivery costs paid by the Consumer within 14 days after receipt of the complete returned order.
Delivery costs shall only be borne by Metalwear insofar as the complete order is returned.

Article 9 – Reimbursement of Return Costs

If the Consumer exercises the right of withdrawal and returns the complete order in time, the Consumer shall bear the return shipping costs.

Article 10 – Right of Retention

Metalwear may exercise its right of retention and retain products belonging to the Customer until the Customer has paid all outstanding invoices, unless sufficient security has been provided.
This right of retention also applies to earlier agreements under which the Customer still owes payment to Metalwear.
Metalwear is not liable for any damage suffered by the Customer as a result of exercising its right of retention.

Article 11 – Retention of Title

Metalwear remains the owner of all delivered products until the Customer has paid all outstanding invoices relating to an underlying agreement, including claims arising from failure to perform.
Until ownership has transferred, Metalwear may reclaim the products.
Before ownership has transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
If Metalwear invokes its retention of title, the agreement shall be dissolved and Metalwear may claim compensation for damages, lost profits and interest.

Article 12 – Delivery

Delivery takes place while stocks last.
Delivery takes place at Metalwear’s premises, unless otherwise agreed.
Online orders are delivered to the address specified by the Customer.
If the Customer fails to pay the agreed amounts on time, Metalwear may suspend its obligations until payment has been made.
In the event of late payment, there is creditor’s default, as a result of which the Customer may not hold Metalwear liable for delayed delivery.

Article 13 – Delivery Time

Delivery times stated by Metalwear are indicative. No rights may be derived from late delivery unless agreed otherwise in writing.
The delivery period commences once the Customer has fully completed the ordering process and has received confirmation from Metalwear.
The Customer is not entitled to compensation or dissolution of the agreement due to late delivery, unless otherwise agreed in writing or Metalwear fails to deliver within 14 days after written notice of default.

Article 14 – Actual Delivery

The Customer must ensure that the actual delivery of the ordered products can take place on time.

Article 15 – Transport Costs

Transport costs shall be borne by the Customer unless otherwise agreed in writing.

Article 16 – Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. Failure to do so excludes any liability of Metalwear.
If the Customer arranges transport themselves, any visible damage must be reported to Metalwear prior to transport. Failure to do so excludes any liability of Metalwear.

Article 17 – Storage

If the Customer collects ordered products later than the agreed delivery date, the risk of any loss of quality rests entirely with the Customer.
Any additional costs resulting from early or late collection shall be borne entirely by the Customer.

Article 18 – Warranty

Warranty applies only to defects caused by faulty manufacturing, construction or defective materials.
The warranty does not apply in the event of:

  • normal wear and tear

  • damage caused by accidents

  • damage resulting from modifications to the product

  • damage caused by negligence or improper use by the Customer

  • cases where the cause of the defect cannot be clearly determined

The risk of loss, damage or theft of the products transfers to the Customer at the moment the products are legally and/or physically delivered or come under the control of the Customer or a third party designated by the Customer.

Article 19 – Indemnification

The Customer indemnifies Metalwear against all claims by third parties relating to products and/or services supplied by Metalwear.

Article 20 – Complaints

The Customer must inspect the products or services supplied by Metalwear as soon as possible for any defects.
If a product or service does not meet what the Customer may reasonably expect, the Customer must notify Metalwear within one month after discovering the defect.
A Consumer must notify Metalwear no later than two months after discovering the defect.
The Customer must provide as detailed a description of the defect as possible.
The Customer must demonstrate that the complaint relates to an agreement with Metalwear.
If a complaint relates to ongoing work, the Customer may not demand that Metalwear performs work other than what was agreed.

Article 21 – Notice of Default

Any notice of default must be submitted to Metalwear in writing.
The Customer is responsible for ensuring that the notice of default reaches Metalwear in time.

Article 22 – Customer Liability

If Metalwear enters into an agreement with multiple Customers, each Customer shall be jointly and severally liable for compliance with the agreement.

Article 23 – Liability of Metalwear

Metalwear is only liable for damage suffered by the Customer if such damage is caused by intent or deliberate recklessness.
If Metalwear is liable for damage, such liability shall be limited to direct damage related to the execution of the underlying agreement.
Metalwear is not liable for indirect damage, including consequential damage, loss of profit or damage to third parties.
If Metalwear is liable, such liability is limited to the amount paid out under a (professional) liability insurance policy. If no insurance exists or no payment is made, liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photos, colours, drawings and descriptions on the website or in a catalogue are indicative only and do not give rise to any right to compensation, dissolution or suspension.

Article 24 – Limitation Period

Any right of the Customer to claim damages from Metalwear shall expire 12 months after the event from which the liability directly or indirectly arises, without prejudice to Article 6:89 of the Dutch Civil Code.

Article 25 – Dissolution

The Customer may dissolve the agreement if Metalwear culpably fails to fulfil its obligations, unless the failure does not justify dissolution due to its special nature or minor significance.
If performance is still possible, dissolution may only take place after Metalwear is in default.
Metalwear may dissolve the agreement if the Customer fails to fulfil its obligations in full or on time, or if Metalwear has justified reasons to assume that the Customer will not fulfil its obligations.

Article 26 – Force Majeure

In addition to Article 6:75 of the Dutch Civil Code, a failure by Metalwear cannot be attributed to Metalwear in the event of force majeure.
Force majeure includes, but is not limited to:

  • emergencies such as civil war or natural disasters

  • default or force majeure of suppliers, carriers or others

  • power, electricity, internet, computer or telecommunications failures

  • computer viruses

  • strikes

  • government measures

  • transport problems

  • adverse weather conditions

  • work stoppages

During force majeure, Metalwear’s obligations shall be suspended.
If a force majeure situation lasts for at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Metalwear shall not be required to pay any compensation in the event of force majeure.

Article 27 – Amendment of the Agreement

If it is necessary to amend an agreement for its execution, Metalwear and the Customer may amend the agreement by mutual consent.

Article 28 – Amendment of the General Terms and Conditions

Metalwear may amend these general terms and conditions.
Changes of a minor nature may be implemented at any time.
Material changes will be discussed with the Customer in advance as much as possible.
A Consumer may terminate the underlying agreement in the event of a material change.

Article 29 – Transfer of Rights

The Customer may not transfer rights under an agreement with Metalwear to third parties without written consent from Metalwear.

Article 30 – Consequences of Invalidity or Voidability

If one or more provisions of these general terms and conditions are void or voidable, the remaining provisions shall remain in full force and effect.
The invalid or voidable provision shall be replaced by a provision that most closely reflects the intention of Metalwear.

Article 31 – Applicable Law and Competent Court

These general terms and conditions are governed by Dutch law.
The court in the district of Metalwear’s place of business shall have exclusive jurisdiction over any disputes, unless mandatory law provides otherwise.

Drawn up on 23 January 2026.