TERMS & CONDITIONS (update january 2021)
ARTICLE 1 - DEFINITIONS
In these conditions the following terms have the following meanings:
1. 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 entrepreneur;
2. Day: calendar day;
3. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
4. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
5. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
6. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal.
7. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
8. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for communication are used;
9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
10. Print on demand: Products exported by a third party, tailor-made for the consumer.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY & ENTREPERNEUR
Mapije
Marije de Wit
Krommeniedijk 29 1562GH krommenie
Mapije.nl@gmail.com
KvK nr. 53572904, Btwnr: NL002109319B72
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.
2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. 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 can be made available to the consumer electronically in such a way that they are consumer can be easily stored 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 they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply. In the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him / her that is the most beneficial.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that as close as possible to the purport of the original.
6. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer as possible a description of the products and / or services offered. If the entrepreneur uses images, these are such a possible representation of the products and / or services offered. Most products are made to order, therefore all images are the best possible indication of the actual product, but cannot be based on every unique product. Most images are from a third party that prints and plans a part of the offer. Images made by the entrepreneur herself are, as much possible, based on truth. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains an offer that is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o the possible costs of shipping;
o the way in which the agreement will be concluded and which actions are involved;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and implementation of the agreement;
o the term for accepting the offer, or the term within which the entrepreneur makes the offer; the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check the information provided by him in the agreement of the agreement and, if necessary, restore it
o any other languages in which, in addition to English the agreement can be concluded;
o the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; NL
o the minimum duration of the distance contract in the event of a length transaction.
ARTICLE 5 - THE AGREEMENT
1. The agreement comes, under a certain condition in paragraph 4, until the moment of the consumer of the offer and compliance with the relevant conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe safe security measures.
4. The entrepreneur can - within legal frameworks - inform himself that the consumer can meet his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request to attach special conditions to the implementation, stating reasons.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or at a request that the consumer can store in an accessible manner on a durable medium:
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 statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before 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 indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
8. If the consumer or has not concluded an agreement electronically, the agreement can no longer be changed. All products are tailor-made for the consumer. An incorrectly selected size or color cannot be changed after the agreement and cannot be returned.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. Because every purchased product is tailor-made for the consumer by third parties, it is not possible to dissolve the agreement after ordering the products. When purchasing products, the consumer has no option to terminate the agreement without giving reasons. When providing services:
2. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 7 days, starting on the day of entering into the agreement. Only when the service will take place after these 7 days. If the service will take place within 7 days, the agreement cannot be dissolved.
3. In order to make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, the costs of any costs incurred when purchasing the service are for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the dissolution of the consumer is clearly and clearly communicated to the entrepreneur.
ARTICLE 8 - THE PRICE
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. The prices stated in the offer of products or services include VAT.
4. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
5. Prices can be increased or decreased over time as the value of the products changes according to the entrepreneur, but cannot be changed when an agreement has been concluded with the consumer. 6. All prices include shipping costs.
7. Any import costs due to worldwide shipping are for the consumer.
ARTICLE 9 - CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. Provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks after delivery, with proof of photos. No need to return the products.
4. 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. 5. The warranty does not apply if:
o The consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;
o The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
o The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
ARTICLE 10 - DELIVERY AND IMPLEMENTATION
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products that the entrepreneur executes itself and when assessing applications for the provision of services. With all Print on Demand agreements, delivery is carried out by third parties from abroad. 2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, 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. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. If delivery of an ordered product proves impossible, the entrepreneur will do his best to propose a replacement product or the consumer will pay back the costs incurred. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
7. All possible import costs for the delivery of the products are for the consumer.
8. The medicinal effect described with the works of art and jewelry from Mapije is an addition to and in no way a substitute for regular medicine. Mapije is in no way responsible and cannot be held liable with regard to the effect of the art and jewelry, nor the other articles and / or advice offered in the web shop.
ARTICLE 11 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
Termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period. of one month at most.
3. The consumer can cancel the agreements mentioned in the previous paragraphs: cancel at any time and not be limited to cancellation at a specific time or in a specific period; at least cancel in the same way as they are entered into by him;
o always cancel with the same notice period as the entrepreneur has stipulated for himself.
Renewal
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
5. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of what the agreement is about. Expensive
6. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed to oppose.
ATRICLE 12 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid before the agreement is started. In the case of an agreement to provide a service, the consumer must pay the amounts due within a period of 7 days. After the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4. Payments can be made electronically via paypal, ideal or credit card via the Mapije webshop.
ARTICLE 13 - COMPLAINTS PROCEDURE
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has discovered the defects.
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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. In case of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl) when based in Holland, which will mediate free of charge. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). ***
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will first replace the product free of charge. If there is a follow-up complaint, the costs will then be refunded.
ARTICLE 14 - DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
ARTICLE 15 - ADDITIONAL OR DEVIATING PROVISIONS
Additional provisions or provisions deviating 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 in an accessible manner on a durable data carrier.