Terms of service
General Terms and Conditions
Table of Contents
Article 1 – DefinitionsArticle 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Retention of title
Article 18 – Other provisions
Article 1 – Definitions
In these conditions the following definitions apply:
1.1
Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
1.2
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
1.3
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
1.4
Day: calendar day;
1.5
Digital Content: data produced and delivered in digital form;
1.6
Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
1.7
Durable data carrier: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
1.8
Right of withdrawal: the consumer’s option to waive the distance contract within the cooling-off period;
1.9
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
1.10
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
1.11
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Mary’s Accessory
Email: info@marysaccessory.com
Located in The Netherlands
KVK nummer: 0000
3.1
These general conditions apply to any offer from the entrepreneur and any distance contract concluded between entrepreneur and consumer.
3.2
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate in what way the general conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
3.3
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
3.4
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.
4.1
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
4.2
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.3
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
5.1
The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and meeting the corresponding conditions.
5.2
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
5.3
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
5.4
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5.5
The trader will, at the latest when delivering the product, service or digital content, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the e-mail address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
5.6
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
In the case of products:
6.1 The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
6.2 The withdrawal period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
6.1 The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
6.2 The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Article 7 – Obligations of the consumer during the reflection period7.1 During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a store.
7.2 The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof8.1 If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period by sending an e-mail to marysaccessory1@gmail.com in which he states at least:
a. the reason for exercising his right of withdrawal
b. the order number of the order to which the withdrawal applies
c. the products and/or services for which he wishes to exercise his right of withdrawal.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
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 bears the direct costs of returning the product. for return shipment not to bear.
8.6 If the consumer withdraws after having first expressly requested that the performance of the service not made ready for sale in a limited volume or certain quantity begins during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
8.7 If the consumer makes use of his right of withdrawal, all additional contracts shall be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal9.1 If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt of this notification without delay upon receipt.
9.2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
9.3 The entrepreneur will use the same means of payment that the consumer has used for repayment, unless the consumer agrees to another method. The refund is free of charge to the consumer.
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawalThe trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
4. Package tours as referred to in article 7:500 BW and contracts of passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
7. Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that after delivery are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has started with the express prior consent of the consumer; and
b.the consumer has declared that he thereby loses his right of withdrawal.
11.1 During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
11.2 Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
11.3 Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
11.5 The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and additional warranty12.1 The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
12.2 The entrepreneur does not guarantee that the product is suitable for other than normal use.
12.3 An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
12.4 Additional guarantee means any obligation of the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
Article 13 – Delivery and execution13.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
13.3 Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation
13.4 After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
13.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration transactions: termination, extension and durationTermination:
14.1 The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
14.2 The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, taking into account the agreed termination rules and a notice period of no more than one month.
14.3 The consumer may terminate the agreements referred to in the previous paragraphs:
a. at any time and not be limited to termination at a specific time or during a specific period;
b. at least terminate in the same manner as they were entered into by him;
c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension: 14.4
An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
14.5
By way of exception to the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
14.6
An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement is intended for the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.
14.7
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
14.8
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
15.1
Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer 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. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
15.2
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
15.3
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
15.4
If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the consumer owes the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the amounts and percentages mentioned to the advantage of the consumer.
16.1
The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
16.2
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
16.3
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
The ownership of the delivered products will only be transferred to the consumer after he has paid the total amount due to the entrepreneur. The risk of the products will be transferred to the consumer at the time of delivery.
Article 18 – Additional provisions18.1
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
18.2
The entrepreneur is entitled to amend these general terms and conditions. Amendments to these conditions will only be effective after they have been published, with the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.