Terms and Conditions

Version 4
Last updated: July 14, 2025

Table of contents:
Article 1 – Definitions
Article 2 – Identity of Madaq BV
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Exclusion of consumer's right of withdrawal
Article 7 – If the right of withdrawal would apply to consumer products Article 8 – Exercise of the consumer's right of withdrawal and the costs thereof
Article 9 – Obligations of Madaq BV upon revocation
Article 10 – Changes to the order
Article 11 – Compliance and warranty
Article 12 – Delivery and execution
Article 13 – Duration transactions: duration, termination and extension
Article 14 – Payment
Article 15 – Complaints
Article 16 – Liability
Article 17 – Intellectual property
Article 18 – Disputes
Article 19 – Additional or deviating provisions

Article 20 - Loyalty Card

ARTICLE 1 – DEFINITIONS

1.1 In these terms and conditions the following terms shall have the following meanings:

· Agreement: an agreement whereby a customer receives products in connection with a contract or a distance contract and these products are supplied by Madaq BV or by a third party on the basis of an arrangement between that third party and Madaq BV;
· Reflection period: the period within which the consumer can make use of his right of withdrawal;
Customer: Any natural person, legal entity, or other individual acting in the exercise of their profession or business, with whom Madaq BV enters into an agreement. Consumer: Any natural person who does not act in the exercise of a profession or business;

· Day: calendar day;

· Digital content: data produced and supplied in digital form;

· Duration agreement: an agreement that provides for the regular delivery of products over a specific period;

Durable medium: any instrument – including email – that enables the customer or Madaq BV to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate to the purpose for which the information is intended;
· Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

· Madaq BV: legal entity that offers products to its customers;

Distance contract: an agreement concluded between Madaq BV and the customer within the framework of an organised system for the distance selling of products, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;

· Remote communication technology: means that can be used to conclude an agreement, without the customer or Madaq BV having to be in the same room at the same time.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

2.1 Madaq BV

Florijnweg 23 B, 6883 JN, Velp
Phone number: +31 (0)26 20 60 101 Mon to Fri 09:00 - 17:00 Email address: info@madaqchocolates.com

Chamber of Commerce number: 87397358 VAT identification number: NL864283453B01

ARTICLE 3 – APPLICABILITY

3.1 These general terms and conditions apply to every offer from Madaq BV and to every distance contract concluded between Madaq BV and the customer.
3.2 When placing a request or order, the customer accepts the content of the agreement and these general terms and conditions.
3.3 Before an agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, Madaq BV will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at Madaq BV and that they will be sent free of charge to the customer as soon as possible upon request.
3.4 If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the customer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the customer electronically or otherwise upon request.
3.5 Provisions or conditions set by the customer that deviate from, or do not appear in, these general terms and conditions are only binding if and to the extent that they have been expressly accepted by Madaq BV.
3.6 If any agreement in these terms and conditions is not applicable because it is null and void or annulled in whole or in part, other agreements or parts of agreements in these general terms and conditions will remain applicable.

ARTICLE 4 – THE OFFER

4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the customer to properly assess the offer.
4.3 Prices include VAT for consumers.
4.4 All images, specifications and other data in the offer are indicative and cannot give rise to any liability or termination of the agreement.
4.5 Obvious errors or mistakes in the offer are not binding on Madaq BV. 4.6 Each offer contains such information that it is clear to the customer what rights and obligations are associated with accepting the offer.

ARTICLE 5 – THE AGREEMENT

5.1 An agreement is concluded via the webshop, subject to the provisions of paragraph 3, at the moment the customer accepts the offer and meets the conditions set therein.
5.2 An agreement other than via the webshop is concluded at the moment the customer accepts the offer and meets the conditions set therein.
5.3 If the customer has accepted the offer electronically, Madaq BV will also confirm receipt of acceptance of the offer electronically. 5.4 If the agreement is concluded electronically, Madaq BV will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, Madaq BV will implement appropriate security measures.
5.5 Madaq BV may, within legal frameworks, investigate whether the customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Madaq BV has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
5.6 Madaq BV will include in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:

1. the address of the Madaq BV branch where the customer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

1. the information about any guarantees and existing after-sales service;

2. the price inclusive of all taxes of the product;

3. the costs of delivery;

4. method of payment,

5. delivery or performance of the distance contract;

6. the requirements for terminating the agreement if the agreement is a

has a duration of more than one year or is of indefinite duration;
9. if the consumer has a right of withdrawal, the model withdrawal form.

5.7 In the event of a longer-term agreement, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 – EXCLUSION OF CUSTOMER'S RIGHT OF WITHDRAWAL (CONSUMER)

6.1 Normally, a consumer can cancel an agreement regarding the purchase of a product or service within a cooling-off period of at least 14 days without giving any reason. This is called the right of withdrawal. However, Madaq BV products are excluded from the right of withdrawal. (This does not apply if products are delivered as part of a subscription. With subscriptions, what has already been delivered/will be delivered must be paid for. In that case, the consumer will be asked to deliver the subscription immediately within the cooling-off period.)
6.2 Madaq BV may only exclude products from the right of withdrawal if it has clearly stated this in the offer, at least in good time before the agreement is concluded.

6.3 The products are excluded because they contain fillings that spoil quickly and have a limited shelf life. The product may also be personalized.
6.4 If the product is not excluded for the reasons referred to in paragraph 3, the product may be excluded if it is a product that is not suitable for return due to health protection or hygiene reasons and is sealed and the seal has been broken after delivery.

ARTICLE 7 – IF THE RIGHT OF WITHDRAWAL DOES APPLY TO PRODUCTS (CONSUMER)

7.1 Madaq BV may ask for the reason for revocation, but is not obliged to state its reason(s).
7.2 The aforementioned cooling-off period commences on the day after the consumer or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
7.3 If Madaq BV has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
7.4 If Madaq BV has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
7.5 The cooling-off period commences if the consumer has ordered multiple products in the same order on: the day on which the consumer, or a third party designated by the consumer, has received the last product.
7.6 Madaq BV may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
7.6 The cooling-off period commences if the delivery of a product consists of different shipments on: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
7.7 The cooling-off period for agreements for regular delivery of products during a specific period commences on: the day on which the consumer or a third party designated by the consumer has received the first product.
7.8 During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer is liable for any diminished value of the product resulting from improper handling.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER AND THEIR COSTS (CONSUMER)

8.1 If the consumer could exercise his right of withdrawal, he shall notify Madaq BV of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Madaq BV. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer will then return the product with all supplied accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Madaq BV.

8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer shall bear the direct costs of returning the product. 8.6 If the consumer exercises their right of withdrawal, all supplementary agreements shall be automatically terminated.

ARTICLE 9 – OBLIGATIONS OF MADAQ BV IN CASE OF WITHDRAWAL (CONSUMER)

9.1 If Madaq BV makes it possible for the consumer to notify the withdrawal electronically, it will send a confirmation of receipt as soon as possible after receiving this notification.
9.2 Madaq BV will refund the amount paid for the product and any delivery costs charged by Madaq BV within 14 days of the day on which the consumer notifies them of the withdrawal. Madaq BV may withhold reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier. 9.3 Madaq BV will use the same payment method used by the consumer for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Madaq BV is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10 – CHANGE OF THE ORDER

10.1 Madaq BV reserves the right to refuse a request or order if, after acceptance, new information becomes available that would make execution unacceptable.
10.2 Changes to the agreement may have consequences for, for example, the order itself, the term of execution or the price.
10.3 There is in any case reason to adjust the content of the order, price or term of execution if:
– important changes occur in legislation and regulations (such as, but not limited to, VAT rates);
– significant changes occur in the original order;
– additional work proves necessary during the execution of the order and was unforeseeable at the time the order was placed. (Consumers have the right to terminate the agreement in this case.)
10.4 Madaq BV is entitled to annual price indexation according to the CBS.

ARTICLE 11 – COMPLIANCE WITH AGREEMENT

11.1 Madaq BV guarantees that the products comply with the agreement and the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.

ARTICLE 12 – DELIVERY AND EXECUTION

12.1 Madaq BV will exercise due care when receiving and executing orders and requests for products.
12.2 The delivery address is the address the customer has provided to Madaq BV, or the collection of the products at Madaq BV's location. Delivery may incur additional costs.

12.3 Subject to the provisions of paragraph 4 of these general terms and conditions, Madaq BV will attempt to deliver accepted orders and requests within a reasonable agreed delivery period.
12.4 Products from Madaq BV will not be delivered at temperatures above 25 degrees.

12.5 The products will then be delivered at a later date. Customers can, however, collect the products from Madaq BV's location.
12.6 If delivery is delayed in any other way, or if an order or request cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this within a reasonable period after placing the order.

12.7 In the case mentioned in clause 12.4, a consumer has the right to terminate the agreement without penalty. After termination, Madaq BV will refund the amount paid by the consumer.
12.8 The risk of damage and/or loss of products rests with Madaq BV until the moment of delivery to the customer or a previously designated representative known to the customer, unless expressly agreed otherwise. 12.9 If products have not yet been paid for at the time of personal delivery, Madaq BV retains title until the amount due has been paid in full.

ARTICLE 13 – DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

13.1 The consumer may terminate an agreement concluded for the regular delivery of products at any time. Madaq BV must order and prepare products for the order. Therefore, Madaq BV requests termination at least one week prior to delivery. If the consumer terminates the agreement for the order, the consumer will no longer receive any products. 13.2 For non-consumers, an agreement concluded for a fixed term and intended for the regular delivery of products cannot be terminated prematurely. 13.3 For non-consumers, an agreement concluded for a fixed term and intended for the regular delivery of products can only be terminated in writing towards the end of the fixed term, with due observance of a two-month notice period.
13.4 If the agreement is not terminated in writing within the aforementioned notice period, the agreement will be automatically extended for a period of 1 year.
13.5 For non-consumers, an agreement entered into for an indefinite period and which provides for the regular delivery of products can only be terminated in writing with due observance of a notice period of 2 months.

ARTICLE 14 – PAYMENT

14.1 Unless otherwise stated in the agreement or additional conditions, the amount owed by the customer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
14.2 Madaq BV may ask the customer for an advance payment.
14.3 When selling products to consumers, the general terms and conditions may not require the consumer to make an advance payment of more than 50%. This can, however, be agreed upon in the agreement. If an advance payment has been agreed upon, the customer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

14.4 The customer has the obligation to immediately report any inaccuracies in payment details provided or stated to Madaq BV.
14.5 If the customer fails to meet his payment obligation(s) on time, after Madaq BV has informed him of the late payment and Madaq BV has granted the customer a period of 14 days in which to meet his payment obligations, if payment is not made within this 14-day period, the customer will owe statutory interest on the amount still owed and Madaq BV will be entitled to charge the (extra)judicial collection costs incurred by him in accordance with the applicable legislation.

ARTICLE 15 – COMPLAINTS

15.1 Complaints regarding the performance of the agreement must be submitted to Madaq BV fully and clearly described within a reasonable time after the customer has discovered the defects.
15.2 Complaints submitted to Madaq BV will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Madaq BV will respond within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.
15.3 The customer must give Madaq BV a reasonable period to resolve the complaint by mutual agreement.
15.4 It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

ARTICLE 16 – LIABILITY

16.1 Madaq BV is liable for any attributable failure to perform the agreement.
16.2 Before proceeding with a claim for liability, the client will set Madaq BV a reasonable period for compliance.
16.3 Liability is limited to direct damage.
16.4 Liability is limited to the amount of the invoice or, if and to the extent that insured damage is involved, to the amount paid out under the insurance policy, plus any deductible.
16.5 If it concerns a subscription, liability is limited to the amount of the invoice, solely for the order to which the liability relates.
16.6 Madaq BV is in any case not liable for consequential and indirect damage, including, but not limited to, loss of turnover or goodwill, reduced revenue, or lost profits.
16.7 Madaq BV is not liable for incorrect/incomplete data or information provided by the customer.
16.8 If delivery to neighbors or any other method other than delivery to the specified address is chosen, this method is entirely at the customer's risk. Madaq BV is not liable for any spoilage or loss, or for any damage the customer may suffer as a result.
16.9 There will be no liability in the event of force majeure.
16.10 In the event of force majeure, the failure is not attributable to fault and is not the responsibility of Madaq BV under the law, a legal act, or generally accepted standards. This includes, but is not limited to, strikes, incapacity for work, transport problems, weather conditions, fire, theft, and (electronic) malfunctions at Madaq BV and its suppliers.

16.11 The customer, not being a consumer, indemnifies Madaq BV against all claims from third parties, including any costs incurred by Madaq BV in connection therewith, which directly or indirectly arise from or are related to the work of Madaq BV on behalf of the customer.

16.12 Any limitations apply to both contractual and non-contractual liability.
16.13 The limitations of liability, force majeure, and indemnity set forth in this article shall not apply to the extent that they conflict with applicable mandatory law or in the event of intent and deliberate recklessness on the part of Madaq BV.

ARTICLE 17 – INTELLECTUAL PROPERTY

17.1 Madaq BV reserves the rights and powers granted to it under intellectual property laws and regulations. This includes, for example, recipes/products.
17.2 Recipes, products, and other intellectual property rights may only be used for purposes as specified in the agreement with a customer.
17.3 Recipes, products, and other intellectual property-protected items may not be distributed, copied, made public, or otherwise displayed without permission, unless agreed upon with the customer. Madaq BV may agree to supply or develop a recipe or product for a customer for distribution.
17.4 It is also not permitted to make changes to recipes and products and other matters subject to intellectual property without permission, unless otherwise agreed.
17.5 Madaq BV therefore has the right to grant licenses to other parties, unless otherwise agreed.
17.6 The Customer is not permitted to grant a sublicense to another party or transfer a license, unless otherwise agreed.
17.7 In the event of a breach, Madaq BV will charge at least three times the usual fee, without losing any right to compensation for other damages suffered (including the right to compensation for all direct and indirect damages and (extra)judicial costs).
17.8 Madaq BV is not liable for recipes provided by the customer or other intellectual property rights that infringe any rights of others. Customers guarantee that, for example, recipes are unencumbered and free from third-party rights.
17.9 If Madaq BV is held liable for this, the customer shall indemnify Madaq BV in and out of court. The customer must take all actions that may be expected of them.
17.10 These provisions regarding intellectual property shall not apply if they conflict with any mandatory provision of law.

ARTICLE 18 – DISPUTES

18.1 Agreements between the parties to which these general terms and conditions apply are exclusively governed by Dutch law and the Dutch courts have jurisdiction.

ARTICLE 19 – ADDITIONAL OR DEVIATING PROVISIONS

19.1 Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

Article 20 - Loyalty Club

20.1 For every product you buy from our to-go range, you'll receive one stamp. Once you've collected ten stamps, your loyalty card is full. Turn in the full card and choose a reward: a scoop of ice cream, a drink, or something else delicious from our selection.