Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded in the context of a system organised by the trader for distance sales of products and/or services, whereby up to and including the conclusion of the contract only one or more means of distance communication are used;
Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place.
Terms and Conditions: these present General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Company name: Holding UZ
Chamber of Commerce number: 832908930
Trade name: Maison Mary
VAT number: NL862815150B01
Customer service email: info@maison-mary.com
Business address: Deltazijde 12P, Blaricum, The Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the trader’s premises and will be sent free of charge at the consumer’s request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph, the text of these general terms and conditions may be provided electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
Where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the rest of these conditions will remain in force, and the relevant provision will be replaced promptly by mutual agreement by a provision that comes as close as possible to the original intent.
Situations not covered by these general terms and conditions should be assessed "in the spirit" of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be explained "in the spirit" of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to amend or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
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The price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will, regarding import, use the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the clearance fees charged) from the recipient of the goods;
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Any shipping costs;
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The manner in which the contract will be concluded and what actions are required for this;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery and performance of the contract;
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The period for accepting the offer, or the period within which the trader guarantees the price;
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The amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
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Whether the contract will be archived after conclusion, and if so, how the consumer can access it;
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The way the consumer, before concluding the contract, can check the information provided by them and correct it if desired;
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Any other languages in which, in addition to Dutch, the contract can be concluded;
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The codes of conduct to which the trader has submitted and how the consumer can consult these codes electronically; and
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The minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Contract
Subject to the provisions in paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and compliance with the conditions thereby set.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within legal limits, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If the trader, on the basis of this investigation, has good reason not to enter into the contract, they are entitled to refuse an order or application, with reasons, or to attach special conditions to the execution.
The trader shall provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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The visiting address of the trader’s establishment where the consumer can lodge complaints;
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The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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The information about warranties and existing after-sales service;
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The data included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the contract;
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The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract without giving any reason for a period of 30 days. The cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and known to the trader.
During the cooling-off period, the consumer shall handle the product and packaging with care. They will unpack or use the product only to the extent necessary to determine whether they wish to keep it. If they exercise the right of withdrawal, the consumer shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days after receipt of the product. Notification must be made by written message/email. After notifying, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned in time to the place of origin. This may also be directly to our supplier in China. The consumer can do this, for example, by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal and/or the product has not been returned to the trader, the purchase is a fact.
Article 7 – Costs in the Event of Withdrawal
If the consumer makes use of the right of withdrawal, the costs of returning the products are entirely borne by the consumer. Note that this also applies to returns to the country of origin, namely our supplier in China.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 30 days after withdrawal, on the condition that the product has already been received back by the trader or conclusive proof of complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, at least before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
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That have been produced by the trader according to the consumer’s specifications;
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That are clearly personal in nature;
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That cannot be returned due to their nature;
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That can spoil or age quickly;
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Whose price is subject to fluctuations in the financial market that the trader cannot influence;
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For individual newspapers and magazines;
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For audio and video recordings and computer software of which the consumer has broken the seal;
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For hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
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Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
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Whose performance has begun with the explicit consent of the consumer before the cooling-off period has expired;
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Relating to betting and lotteries.
Article 9 – Pricing
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
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They are the result of legal regulations or provisions; or
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The consumer has the right to terminate the contract as of the day on which the price increase takes effect.
The place of delivery is determined on the basis of Article 5, paragraph 1, of the Dutch VAT Act 1968, being the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT and/or clearance fees. Therefore, no VAT will be charged by the trader.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in the original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been treated contrary to the trader’s instructions and/or the packaging;
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The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation, if applicable.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an indefinite contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
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Terminate the contracts referred to in the previous paragraphs at any time and not be restricted to termination at a specific time or in a given period;
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At least terminate them in the same manner as they were entered into by them;
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Always terminate them with the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term contract concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
In deviation from the previous paragraph, a fixed-term contract concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract involves the regular, but less than once-a-month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration concluded for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.