GENERAL TERMS AND CONDITIONS

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.

1. Masking Master: the user of these general terms and conditions, located at Phobospad 13, 4105 JN in Culemborg (Netherlands).
2. Customer: any natural or legal person with whom Masking Master has concluded or intends to conclude a Contract.
3. Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
4. Parties: Masking Master and the Customer together.
5. Contract: any agreement between the Parties under which Masking Master commits itself to the Customer to sell and deliver Products.
6. Distance Selling Agreement: a Contract concluded between Masking Master and a Consumer as part of an organised system for distance contracting without the simultaneous personal presence of Masking Master and the Consumer and where, until the moment of concluding the Contract, exclusive use is made of one or more means of distance communication, such as in the case of a Contract established by a Consumer through the Webshop. A Contract is therefore not a Distance Selling Agreement if Masking Master does not use an organised system for distance contracting, for example, in the case where the Consumer looks up Masking Master’s contact details on the internet or in a telephone directory and concludes a Contract by telephone.
7. Webshop: maskingmaster.com.
8. Products: the items to be sold and delivered by Masking Master to the Customer in the context of a Contract, which may include, but are not limited to, the so-called ‘Masking Master’ and replacement parts thereof.
9. In Writing: communication in writing, communication by e-mail or any other method of communication that, given the state of technology and the prevailing views in society, can be equated with it.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to any offer from Masking Master, every Contract and all resulting legal relationships between Parties.
2. The applicability of any general terms and conditions of the Customer is expressly rejected.
3. Deviation from the provisions in these general terms and conditions can only be agreed expressly and in Writing. If and insofar as what the Parties have expressly agreed in Writing deviates from the provisions in these general terms and conditions, what the Parties have expressly agreed in Writing applies.
4. The nullity or annulment of one or more of the provisions in these general terms and conditions or the Contract as such does not affect the validity of the other clauses. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and purport of the original provision will be observed as much as possible.

ARTICLE 3. | OFFER AND ESTABLISHMENT OF THE CONTRACT

1. Every offer from Masking Master (including its offer in the Webshop and quotations included) is non-binding and subject to sufficient availability of the offered Products. Furthermore, Masking Master can maintain a minimum or maximum order quantity per order. Masking Master can still revoke its offer immediately, or as soon as possible after the Customer’s acceptance of it. If payment by the Customer has already taken place in such a case, for example in the case of an order in the Webshop, Masking Master will arrange for a refund as soon as possible.
2. Obvious errors, mistakes, and typos in an offer from Masking Master do not bind Masking Master.
3. Each Contract is concluded, notwithstanding the provisions in paragraph 1 and paragraph 4, at the moment when Masking Master’s offer has been accepted on the designated place by the Customer and the Customer has met all conditions expressly attached to the acceptance of the offer.
4. If the Customer places an order without a concrete offer from Masking Master preceding it, for example when the Customer orders by e-mail, the Contract is only concluded when the order is confirmed by e-mail by Masking Master.
5. If the Contract is concluded through the Webshop, the conclusion of the Contract, notwithstanding the provisions in paragraph 1, will be confirmed as soon as possible by e-mail by Masking Master.

ARTICLE 4. | DELIVERY OF PRODUCTS

1. The delivery of the Products takes place by delivering them to the delivery address specified by the Customer. The carrier is determined by Masking Master based on the shipping location and method chosen by the Customer. The carrier may require a signature upon delivery of orders above a certain value. If a signature is required, the Customer will be informed of this after the order has been confirmed by the carrier. If the Customer needs to change the shipping address after the order has been confirmed, the Customer should contact the carrier as soon as possible. Masking Master is not responsible for any damage and/or delays caused by this.
2. Masking Master is entitled to deliver orders in parts. In that case, the possible cooling-off period referred to in Article 5.1 only begins when the last partial delivery has been received by or on behalf of the Consumer.
3. If the agreed delivery period is exceeded, the Customer is never entitled to refuse to receive the Products and/or to pay the amount owed to Masking Master under the Contract.
4. If the Products could not be delivered due to a circumstance attributable to the Customer, Masking Master is entitled to store the Products at the expense of the Customer, without prejudice to the Customer’s obligation to pay the amount owed to Masking Master under the Contract. The additional costs to be incurred in connection with the non-receipt by the Customer as referred to here, such as costs charged by customs and additional delivery costs, are also for the account of the Customer.

ARTICLE 5. | RIGHT OF WITHDRAWAL IN DISTANCE SELLING AGREEMENTS

1. Except as provided in the rest of this article, the Consumer can revoke the Distance Selling Agreement without giving any reason up to 14 days after receiving the Products.
2. The Consumer can revoke the Distance Selling Agreement by filling in the “Return” form (model form for revocation) at maskingmaster.com/returns and sending it to Masking Master. As soon as possible after Masking Master has been informed of the Consumer’s intention to revoke the Distance Selling Agreement and if the conditions of this article have been met, Masking Master will confirm the revocation of the Distance Selling Agreement by email.
3. In the case of delivered Products that may be returned under the right of withdrawal, the Consumer must handle the relevant Products and their packaging with care during the period referred to in paragraph 1. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The principle here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.
4. If the Consumer makes use of the right of withdrawal, he will return the Products undamaged, with all delivered accessories and in their original condition and packaging to Masking Master. Return takes place at the risk and expense of the Consumer; Masking Master is not responsible and liable for damage or loss occurred during transport.
5. The Consumer is liable for the decrease in value of returned Products that is the result of a way of handling the Products that goes beyond what is allowed under paragraph 3. Masking Master is entitled to charge this depreciation to the Consumer, either by offsetting it against any payment already received from the Consumer. If the depreciation is such that the Products can reasonably no longer be made ready for resale, the Consumer owes the full purchase price.
6. The return of the Products to be returned must take place within 14 days after the Consumer has revoked the Distance Selling Agreement in accordance with paragraph 2.
7. If the Consumer makes use of the right of withdrawal, the costs of returning the Products are for the Consumer’s account. The settlement of any import duties and taxes is done through customs. These payments and associated handling are therefore entirely outside the responsibility of Masking Master.
8. Masking Master will refund the payment possibly already received from the Consumer, minus any depreciation and levies and taxes as referred to in the previous paragraph, as soon as possible, but no later than 14 days after revocation of the Distance Selling Agreement to the Consumer, provided the Products have been received back by Masking Master, or the Consumer has shown that the Products have actually been sent back. If the right of withdrawal is only applied to part of the order, the possible delivery costs paid by the Consumer in the first instance are not eligible for reimbursement.
9. The refund will be made using the same payment method as the one the Consumer used when purchasing the Products.

ARTICLE 6. | DELIVERY TIMES

1. The delivery time of orders depends on the shipping location and method chosen by the Customer. Masking Master will do everything possible to process the order as quickly as possible and hand it over to the carrier. The carrier is responsible for delivery within the estimated delivery time, but cannot guarantee delivery dates or times.
2. As soon as the order has been shipped, Masking Master will provide the Customer with a tracking number and delivery confirmation on the Customer’s e-mail address known to Masking Master. The Customer can track the order on the carrier’s website or contact the carrier for more information.

ARTICLE 7. | COMPLAINTS AND CONFORMITY

1. If the nature and/or quantity of the Products delivered, in the opinion of the Customer, do not comply with the Agreement, the Customer should report this to Masking Master within two days of delivery by filling in the “Incomplete delivery” form at maskingmaster.com/returns.
2. If the Products delivered show defects due to a manufacturing error, the Customer must report this to Masking Master within two days of delivery by filling in the “Warranty” form at maskingmaster.com/returns. This must include the reason for the complaint and a photo in which the defect is clearly visible.
3. If the Products delivered show defects due to transport damage, the Customer must report this to Masking Master within two days of delivery by filling in the “Transport damage” form at maskingmaster.com/returns. This must include the reason for the complaint and in case of damage, photos of the damaged transport packaging and of the damaged Product and its direct packaging.
4. Notwithstanding the provisions of the previous sections of this article, a Consumer can no longer claim that what has been delivered in the context of a consumer purchase does not comply with the Agreement, if the Consumer has not complained about the defect to Masking Master within two months of discovering the defect. Furthermore, the provisions of the previous sections do not affect the mandatory legal rights and claims that the Consumer can assert against Masking Master (conformity).
5. If the Customer does not complain in a timely manner and in accordance with the provisions of the previous sections, no obligation arises for Masking Master from such a complaint by the Customer.
6. Even if the Customer complains in time, his obligation to pay Masking Master on time remains, unless the law prevents this for the benefit of the Consumer.
7. A complaint or claim based on non-conformity is inadmissible if a defect in the delivered Product is the result of a cause coming from outside after delivery or another circumstance not attributable to Masking Master. This includes, but is not limited to, defects due to external damage, natural wear and tear, incorrect or unskillful handling, incorrect or unskillful use, and making changes to the Products, including repairs that have not been carried out with prior written consent from Masking Master.
8. If the Customer returns Products under this article, the Customer should send the Products back by parcel post. Return to Masking Master is, notwithstanding the provisions of the following section, at the expense and risk of the Customer; for damage or loss occurred during transport, Masking Master is not responsible and liable.
9. In case of a valid complaint, the Customer is entitled to repair or replacement or supplementation of the missing. No costs will be charged to the Customer for exercising these rights. Any return costs as referred to in the previous section are eligible for refund, provided that the Customer has chosen the method of return as offered by Masking Master after the Customer has submitted a request to that effect on the basis of the information described at maskingmaster.com/returns. If the Customer uses a different method of return, the additional costs of the shipping method chosen by the Customer will not be eligible for refund. Masking Master will cooperate with the repair, replacement, or supplementation of the missing within a reasonable time. If repair, replacement, or supplementation of the missing is not possible, the Customer is entitled to a financial compensation to be determined in all reasonableness, which, however, never exceeds the price that the Customer has paid to Masking Master for the relevant Product. Any repair costs and/or depreciation attributable to the Customer will be deducted from this financial compensation.

ARTICLE 8. | SPECIAL PROVISION FOR RESELLERS

If a Product has been delivered in a consumer purchase between the Customer who acts as a professional reseller of the Products and a consumer, which does not have the properties that the consumer could expect based on that consumer purchase, this cannot be attributed to the Customer and the consumer has exercised his legal rights in respect of the Customer, then the Customer is entitled to compensation from Masking Master. The Customer is not entitled to this compensation if the deviation relates to facts that he knew or should have known, or its cause is a circumstance that occurred after the Product was delivered to him. Furthermore, if the Product lacks a property that it possessed according to the Customer, the Customer’s right to the intended compensation is limited to the amount he could have claimed if he had not made the promise. Costs in respect of defense against the consumer will only be reimbursed to the extent that they have been reasonably incurred by the Customer. Furthermore, the Customer has no right to compensation if he knew or should have known about the defect of the Product and/or he promised the consumer the absence of the defect.

ARTICLE 9. | FORCE MAJEURE

1. Masking Master is not obliged to fulfill any obligation from the Agreement if and for as long as he is hindered by a circumstance that cannot be attributed to him according to the law, a legal act or generally accepted views in society (force majeure). Force majeure, in addition to what is understood in law and jurisprudence, means all external causes over which Masking Master has no influence and which make the (further) execution of the Agreement impossible or seriously complicate it, including but not limited to staff shortages, epidemics, pandemics, fire, measures from any government, transport restrictions, war or threat of war, violent or armed actions, disruptions in communication connections or in equipment or software of Masking Master or third parties.
2. If and insofar as the force majeure situation permanently prevents the fulfillment of the Agreement or lasts or will last longer than three months, Parties are entitled to dissolve the Agreement with immediate effect.
3. If Masking Master has already partially fulfilled his delivery obligations at the onset of the force majeure situation, or can only partially fulfill his delivery obligations, Masking Master is entitled to invoice the part already delivered, respectively the part of the Agreement that can still be delivered, as if it were an independent Agreement.
4. Damage caused as a result of force majeure, notwithstanding the provision in the previous section, is never eligible for compensation.

ARTICLE 10. | SUSPENSION AND DISSOLUTION

1. Masking Master is, if the circumstances of the case reasonably justify it, authorized to suspend the execution of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if the Client does not, not timely or not fully comply with his obligations under the Agreement, or if after the conclusion of the Agreement, Masking Master becomes aware of circumstances that give good reason to fear that the Client will not fulfill his obligations. If the fulfillment of the Client’s obligations, in respect of which he falls short or threatens to fall short, is not permanently impossible, the authority to dissolve only arises after the Client has been declared in default in writing by Masking Master, in which a reasonable period is mentioned within which the Client can (still) fulfill his obligations and the performance is still absent after the expiry of the last mentioned period.
2. If the Client is in a state of bankruptcy, has requested (provisional) suspension of payment, any attachment has been levied on his goods or in cases where the Client otherwise cannot freely dispose of his assets, Masking Master is entitled to dissolve the Agreement in whole or in part with immediate effect, unless the Client has already provided sufficient security for the fulfillment of his payment obligations.
3. Furthermore, Masking Master is entitled to dissolve the Agreement in whole or in part if circumstances arise of such a nature that the fulfillment of the Agreement is impossible or that the unchanged maintenance of it cannot reasonably be demanded from her.
4. The Client never claims any form of compensation in connection with the suspension and/or dissolution right exercised by Masking Master on the basis of this article.
5. Insofar as the ground leading to the suspension or dissolution of the Agreement can be attributed to the Client, the Client is obliged to compensate the damage that Masking Master suffers as a result.
6. If Masking Master dissolves the Agreement on the basis of this article, all any outstanding claims on the Client are immediately due and payable.

ARTICLE 11. | IMPORT DUTIES, SHIPPING COSTS & PAYMENTS

1. Any import duties are at the expense of the Client. Masking Master indicates in the Webshop that there may be import duties for certain countries.
2. The shipping costs for orders are calculated based on the weight of the order, the shipping method, and the shipping location. The Client is informed about the shipping costs when ordering.
3. Masking Master ships to international locations, but any additional customs duties, import duties and/or taxes imposed by the country of destination are at the expense of the Client. Masking Master is not responsible for delays caused by customs or other international shipping problems.
4. The Client is obliged to make full advance payment, provided that Masking Master will not obligate a Consumer to make an advance payment of more than 50% of the purchase price. However, if the Consumer has voluntarily chosen for full advance payment, Masking Master is not obliged to deliver the Products until the payment has been fully made.
5. Payment must be made in the agreed currency and in one of the ways indicated by Masking Master, at the time indicated by Masking Master or within the term he mentioned.
6. Masking Master is entitled to make the invoice due to the Client available to him exclusively by e-mail.
7. If timely payment is omitted, the default of the Client automatically occurs. From the day that the default of the Client starts, the Client owes an interest of 2% per month on the outstanding amount, whereby part of a month is considered as a full month. Notwithstanding the previous sentence, instead of the contractual interest referred to there, the legal interest in force at the time of the payment default applies if the Client is a Consumer.
8. All reasonable costs, such as judicial, extrajudicial, and execution costs, made to obtain the amounts owed by the Client, are at the expense of the Client.

ARTICLE 12. | LIABILITY

1. By entering into the Agreement, the Client declares that:
   • He purchases and uses the Products voluntarily and at his own risk. Masking Master strongly advises the Client to carefully read/watch the user manual and user film before using the Product to minimize the risk of injury or damage to the environment;
   • He understands that the use of the Products can lead to physical injury, including but not limited to injury from sharp edges and/or knives and damage to the environment;
   • He bears all risks associated with the use of the Products, including but not limited to the risks of physical injury and damage to the environment.
2. The Client agrees to adhere to all instructions and guidelines that come with the relevant Product, including but not limited to the user manual, to reduce the risk of injury or damage to the environment.
3. The Client bears the damage caused by inaccuracies or incompleteness in the data provided by him, any other shortcoming in the fulfillment of the obligations of the Client that arise from the law or the Agreement, as well as any other circumstance that cannot be attributed to Masking Master. Damage as a result of a circumstance as referred to above does not give the Client any claim against Masking Master for compensation or any other compensation.
4. Masking Master is never liable for damage resulting from improper use of the Products or as a result of another cause as referred to in article 7.7.
5. Masking Master is never liable for indirect damage, including but not limited to loss suffered, lost profit, personal injury, and damage as a result of business stagnation.
6. The liability of Masking Master is limited to repair or replacement of the Products to which the liability of Masking Master relates, this only if and as far as Masking Master is obliged to do so under the provisions of article 7. If repair or replacement is not possible, the liability of Masking Master is limited to a maximum of the invoice value of the Agreement, or that part of the Agreement to which the liability of Masking Master relates. In no case will the liability of Masking Master amount to more than the amount that is actually paid out in the relevant case, based on the liability insurance taken out by Masking Master, plus the possible excess of Masking Master that applies under that insurance.
7. Notwithstanding the expiry dates as referred to in article 7, the statute of limitations for all legal claims against Masking Master is one year. Contrary to the previous sentence, legal claims attributable to Consumers that are based on facts that would justify the statement that a consumer purchase does not meet the Agreement, expire after two years.
8. In the case of a consumer purchase, the limitations of this article do not extend further than is permitted under article 7:24 paragraph 2 of the Civil Code.
9. The liability limitations from these general terms and conditions do not apply if the damage is caused by intent or deliberate recklessness of Masking Master or its managing personnel.

ARTICLE 13. | GENERAL COMPLAINT POLICY

1. Complaints submitted to Masking Master will be answered within a period of 14 days after receipt. If a complaint requires a longer processing time, a receipt confirmation and an indication of when the customer can expect a more detailed answer will be provided within the period of 14 days.
2. If the complaint, in the context of a Distance Selling Agreement, cannot be resolved by mutual agreement, the Consumer can submit the dispute to the dispute committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 14. | RETENTION OF TITLE

1. All products delivered by Masking Master to the customer remain its property until the customer has properly fulfilled all his payment obligations from the relevant agreement.
2. The customer is prohibited from selling, pledging or in any other way encumbering the products subject to retention of title.
3. The customer is obliged to keep the products delivered under retention of title with the necessary care and as recognizable property of Masking Master.
4. If third parties seize the products subject to the retention of title of Masking Master or want to establish or enforce rights on them, the customer is obliged to inform Masking Master of this as soon as possible.
5. In case of violation of the provisions of this article, the amount due by the customer to Masking Master becomes immediately fully claimable.
6. The customer gives unconditional permission to Masking Master or third parties designated by Masking Master to enter all those places where the products subject to retention of title are located. The customer must provide Masking Master with all information at first request in order to exercise his property rights. All reasonable costs associated with the exercise of Masking Master’s property rights are at the expense of the customer.
7. If the customer, after the products have been delivered by Masking Master to him, has fulfilled his obligations, the retention of title revives in respect of these products if the customer does not fulfill his obligations from an agreement concluded later.

ARTICLE 15. | INTELLECTUAL PROPERTY

1. All intellectual property rights on the products and their components, including their design and operation, belong to Masking Master. It is prohibited to multiply the aforementioned goods on which the rights of Masking Master rest, to reproduce them in any way, to distribute them, to exploit them, or to create derivative items or works from them.
2. In case of a violation attributable to the customer of the provisions in the previous paragraph, Masking reserves all rights granted to him by law, including the right to a compensation to be reasonably determined by him and immediate cessation of the infringement.

ARTICLE 16. | FINAL PROVISIONS

1. Masking Master is entitled to change these general terms and conditions. In a occurring case, the customer will be informed, the amended general terms and conditions will be provided to him and thereafter these apply. In the case of a consumer, amended general terms and conditions do not apply to an already concluded agreement if and insofar as the changes are to his disadvantage.
2. Only Dutch law applies to every agreement and all legal relationships arising from it between the parties.
3. The parties will not appeal to the court until they have made the utmost effort to resolve the dispute through mutual consultation.
4. Only the competent judge within the district of the Gelderland court is appointed in the first instance to take note of any legal disputes between the parties, notwithstanding the right of Masking Master to appoint another judge competent according to law. However, a Consumer is entitled to choose the judge competent according to law within a month after Masking Master has announced in writing that he wants to litigate at the court he appointed.
5. If these general terms and conditions are available in multiple languages, the Dutch language version is always decisive for the interpretation of the provisions included in it.