General Terms and Conditions
Article 1 – Identity of the entrepreneur
Marble Berriez, established in Rotterdam, e-mail address: firstname.lastname@example.org, CoC-number 57562202.
Article 2 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur, and every contract concluded and orders between the entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
- Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
- 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 3 – 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 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 do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a cause for compensation or dissolution of the agreement.
- Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
- Each offer contains sufficient information for the consumer to understand his/her rights and obligations arising from the acceptance of the offer.This concerns in particular:
- the price including taxes;
- subsequent shipping costs;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the contract;
- available sizes, colors, types of materials.
Article 4 – The contract
- The contract comes into effect, subject to the provisions in paragraph 4, at the time of acceptance of the offer by the consumer and the fulfillment of the specified conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.
- If the contract 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 will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the e-mail address of the entrepreneur where the consumer can go with complaints;
- 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;
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 5 – Right of withdrawal
- When purchasing products, the consumer can dissolve the contract without reason within 21 days. This reflection period starts on the day after receipt of the product by the consumer.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, conform to the entrepreneur’s reasonable and clear instructions.
- If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 21 days after receiving the product. After the consumer has made it known that he wishes to use his right to withdraw, the consumer must return the product within 7 days. The consumer must prove that the delivered goods have been returned on time, for example, through proof of shipment.
- If, after the expiry of the periods specified in paragraphs 2 and 3, the consumer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be a fact.
Article 6 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no more than the return shipment cost.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The is subject to the condition that the web retailer has already received the product back or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly permits a different payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in the product’s value.
Article 7 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur conform to the specifications of the consumer;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- for hygienic products of which the consumer has broken the seal.
Article 8 – The price
- During the validity period mentioned in the offer, the prices of the products or services offered will not be increased, except for price changes due to changes in VAT rates.
- The prices of products or services stated in the offer include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 9 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and processing orders for products and assessing applications for the provision of services.
- The place of delivery is the address that the consumer makes known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will process accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot or can only be partially processed, the consumer will receive notification of this within 30 days of placing the order. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
- 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.
- In case of dissolution, conform to paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid 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. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The entrepreneur shall bear the cost of any return shipment.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 10 – Disputes
- Only Dutch law applies to contracts between the entrepreneur and the consumer, to which these general terms and conditions apply even if the consumer lives abroad.
- The Vienna Sales Convention is not applicable.
Article 11 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.