Terms and conditions
• Article 1 – Definitions
• Article 2 – Identity of the entrepreneur
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The agreement
• Article 6 – Right of withdrawal
• Article 7 – Costs in case of withdrawal
• Article 8 – Exclusion of the right of withdrawal
• Article 9 – The price
• Article 10 – Conformity guarantee
• Article 11 – Delivery and execution
• Article 12 – Duration transactions: duration, cancellation, and extension
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract regarding a series of products and/or services, where the delivery and/or performance obligations are spread over time.
Durable medium: any medium that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance contract: a contract in which, as part of a system organized by the entrepreneur for distance selling of products and/or services, communication is made exclusively by one or more remote communication techniques until the conclusion of the contract.
Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Maison Míaré
Zuid Willemsvaart 172C
5211 NW Den Bosch
Email: info@maison-miare.com
Chamber of Commerce number: 94961026
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises, and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, deviating from the previous paragraph, be provided to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In cases where specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time entirely or partially void or invalidated, the contract and these terms and conditions will otherwise remain in effect, and the relevant provision will immediately be replaced through mutual agreement with a provision that most closely approximates the intent of the original.
Situations not addressed in these general terms and conditions should be assessed according to the ‘spirit’ of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with the ‘spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are for guidance only and cannot be grounds for claims for compensation or contract cancellation.
Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the colors displayed match the exact colors of the actual products.
Each offer contains sufficient information to ensure that the consumer is aware of their rights and obligations upon accepting the offer. This includes, in particular:
- The price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special arrangements for postal and courier services regarding imports. This arrangement applies when the goods are imported into the EU destination country, as is the case here. The postal and/or courier service will collect VAT (possibly together with the applicable customs clearance fees) from the recipient of the goods.
- Any shipping costs;
- The method by which the contract will be concluded and the actions required to complete it;
Whether or not the right of withdrawal applies; - The method of payment, delivery, and execution of the contract;
- The time frame for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The rate for remote communication if the cost of using the remote communication technique is calculated on a basis other than the regular standard rate for the communication medium used;
- Whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
- How the consumer can check and, if necessary, correct the data provided by them before the contract is concluded;
- Any other languages, in addition to Dutch, in which the contract can be concluded;
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
- The minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth in the offer.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the 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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal boundaries, investigate whether the consumer can meet their payment obligations, as well as any facts or factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reason not to proceed with the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution of the order.
The entrepreneur will provide the consumer with the following information, either in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:
- The physical address of the entrepreneur's establishment where the consumer can address complaints;
- 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;
- Information about warranties and after-sales service;
- The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer and notified to the entrepreneur receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product, along with all provided accessories, and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made through a written message or email. After notifying the entrepreneur of their intent to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by providing proof of shipment.
If the consumer has not informed the entrepreneur of their intent to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase will be deemed final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of the complete return shipment can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur according to the consumer’s specifications;
- That are clearly of a personal nature;
- That, by their nature, cannot be returned;
- That may spoil or age quickly;
- Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
- For single newspapers and magazines;
- For audio and video recordings and computer software if the consumer has broken the seal;
- For hygienic products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- Concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
- Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
- Concerning betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:
- They result from legal regulations or provisions; or
- The consumer has the right to cancel the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than its normal purpose.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may have under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
Article 11 – Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and processing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company will process accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and is entitled to any compensation.
In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the time of delivery, the consumer will be clearly and understandably informed that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute products. The costs of any return shipment will be borne by the entrepreneur.
In the case of refusal or failure to collect the offered delivery, the costs for return shipping and storage, as well as the risk of damage or loss of the shipment, will be entirely at the expense of the consumer.
Offered products will be clearly and accurately depicted and/or described and as complete as reasonably required. However, there may be color, type, text, and/or price discrepancies from reality.
The entrepreneur is never responsible for consequential damages.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and involves 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 an agreement that has been entered into for a definite period and involves the regular delivery of products (including electricity) or services, at any time, 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 terminate the agreements mentioned in the previous paragraphs:
- At any time, without being limited to termination at a specific time or during a specific period;
- At least in the same manner in which they were entered into;
- Always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a definite period and involving the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.
In deviation from the previous paragraph, an agreement entered into for a definite period and involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and involving the regular delivery of products or services may only be automatically extended for an indefinite period 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 the case of agreements involving the regular (but less than once a month) delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will automatically terminate at the end of the trial or introductory period.
Duration
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 fairness and reasonableness would prevent termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins once the consumer has received the confirmation of the agreement.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply. This also applies if the consumer resides outside the Netherlands. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Any additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.