General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during 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;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Mallow May
Fivelkade 26, 9901GD Appingedam;
Email address: info@mallowmay.nl
Chamber of Commerce number: 80804233
VAT identification number: NL003492337B47
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed 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 not reasonably 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 will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall remain in force for the remainder.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.
All images and specifications in the offer are indicative
and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered.
The description is sufficiently detailed to enable the consumer to make an informed decision. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative
and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the agreement;
- the period for accepting the offer, or the period
- within which the entrepreneur guarantees the price;
- the rate for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement before concluding the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance agreement in the case of a
continuing performance contract.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate 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 secure web environment. If the consumer can conclude the agreement electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for entering into the distance contract in a responsible manner. If, on the basis of this investigation, the entrepreneur has good reasons
not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur by means of a written message/email. After the consumer has notified the entrepreneur of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are the consumer's responsibility.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return 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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or become obsolete quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which began with the consumer's express consent before the cooling-off period expired;
c. regarding bets and lotteries.
Article 9 – The Price
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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to 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 agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective the day the price increase takes effect.
The prices stated in the product or service offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical 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 stated in the offer, 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. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur 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:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The company will exercise the utmost care when receiving and executing product orders.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously, 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 fulfilled or can only be partially fulfilled, 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 free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The delivery of a replacement item will be clearly and comprehensibly communicated no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
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 12 – Long-term transactions: duration, termination, and extension. Termination
The consumer may terminate an agreement concluded for an indefinite period and intended 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 an agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period; - at least cancel in the same manner as they were entered into by the entrepreneur;
- always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term agreement 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 period with a notice period of no more than one month.
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 the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is intended for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily newspapers, newsmagazines, weekly newspapers and magazines by way of introductory offer (trial or introductory subscription) will not be tacitly renewed and will end automatically at the end of the trial or introductory period.
Duration
If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obligated to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days of the consumer discovering the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, 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 its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.