✥Terms and Conditions✥
TERMS & CONDITIONS
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement 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 provided by Maria Louisa Rose or by a third party on the basis of an agreement between that third and Maria Louisa Rose;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a participant in the Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between Maria Louisa Rose and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
ARTICLE 2 - IDENTITY OF Maria Louisa Rose
Maria Louisa Rose;
Located in Utrecht;
Chamber of Commerce number: 85248479
VAT identification number: NL00407105B09
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to every offer from Maria Louisa Rose and to every distance agreement concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions conditions made available to the consumer. If this is not reasonably possible before the distance contract is concluded, Maria Louisa Rose will indicate on how the general terms and conditions can be viewed at Maria Louisa Rose and that they are request of the consumer as soon as possible be sent free of charge.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of this general terms and conditions are made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable data carrier. If this is not reasonably is possible, will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that, at the request of the consumer, by electronic means or by other means will be sent free of charge.
- In the event that, in addition to these general terms and conditions, specific product or terms of service apply, the second and third paragraphs of corresponding applicable and the consumer can always opt-out in the event of conflicting terms and conditions rely on the applicable provision that is most favorable to him.
ARTICLE 4 – THE OFFER
- If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to to enable a proper assessment of the offer by the consumer. As the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Maria Louisa Rose.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded on themoment of acceptance by the consumer of the offer and compliance with the associated conditions.
- If the consumer has accepted the offer electronically, the consumer confirms entrepreneur without delay electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Maria Louisa Rose, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, Maria Louisa Rose will find appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, Maria Louisa Rose will observe appropriate security measures.
- Maria Louisa Rose can – within legal frameworks – inquire 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 Maria Louisa Rose on the basis of this investigation has good reasons not to enter into the agreement, she is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Maria Louisa Rose will provide the following information to the consumer at the latest upon delivery of the product, service or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durabledata carrier, send:
✥ the email address where the consumer can go with complaints;
✥ the conditions under which and the way in which the consumer of the right of withdrawal may use, or a clear statement regarding the exclusion of the right of withdrawal;
✥ the information about guarantees and existing after-sales service;
✥ the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
✥ the requirements for terminating the agreement if the agreement has a duration has more than one year or is of indefinite duration;
✥ if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL For products:
- The consumer can enter into an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. Maria Louisa Rose may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.
- The consumer can enter into a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 14 days cancel without giving reasons. Maria Louisa Rose may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the closing of the agreement. Extended cooling-off period for products, services and digital content that is not delivered on a material medium in the event of not informing about the right of withdrawal:
- If Maria Louisa Rose provides the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the cooling-off period twelve months after the end of the original, in accordance with the the reflection period established in previous paragraphs of this article.
- If Maria Louisa Rose has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE CHANGEOVER TIME
- During the reflection period, the consumer will handle the product and the packaging. it will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
- The consumer is only liable for depreciation of the product that it is the result of a way of handling the product that goes beyond what is permitted in member 1.
- The consumer is not liable for depreciation of the product if the before or at the conclusion of the agreement, the entrepreneur does not provide him with all legally required information about the right of withdrawal.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ITS COST
- If the consumer makes use of his/her right of withdrawal, he/she reports this within the cooling-off period by means of the model withdrawal form or on another unequivocally to Maria Louisa Rose.
- As soon as possible, but within 14 days from the day following the referred to in paragraph 1. notification, the consumer returns the product or hands it over to (an agent of) Maria Louisa Rose. This is not necessary if Maria Louisa Rose has offered to collect the product herself. The consumer has in any case observed the return period taken if it returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Maria Louisa Rose.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
- The consumer bears the direct costs of returning the product. If Maria Louisa Rose has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to pay the costs not bear the return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity starts during the reflection period, the consumer is Maria Louisa Rose an amount that is proportional to that part of the commitment that has been fulfilled by Maria Louisa Rose at the time of revocation, compared to the full performance of the commitment.
- The consumer bears no costs for the execution of services or the delivery of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or to supply district heating, if: ✥ Maria Louisa Rose provides the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for has not provided revocation, or; ✥ the consumer does not expressly request the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period requested.
- The consumer does not bear any costs for the full or partial delivery of digital content supplied on a tangible medium, if: ✥ it has not expressly agreed to the commencement of the fulfillment of the agreement before the end of the reflection period; ✥ it has not acknowledged that it loses its right of withdrawal when granting its permission; or ✥ Maria Louisa Rose has failed to confirm this consumer statement.
- If the consumer makes use of his right of withdrawal, all additional contracts terminated by operation of law.
ARTICLE 9 – OBLIGATIONS OF Maria Louisa Rose UPON WITHDRAWAL
- If Maria Louisa Rose makes the notification of withdrawal by the consumer possible electronically, she will immediately send a notification after receipt of this notification. acknowledgment of receipt.
- Maria Louisa Rose reimburses all payments from the consumer, including any delivery costs charged by Maria Louisa Rose for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Maria Louisa Rose offers to collect the product herself, she may wait with repayment until she has received the product or until the consumer demonstrates that it has returned the product, whichever is the earlier.
- Maria Louisa Rose uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Maria Louisa Rose does not have to pay the additional costs for the more expensive method not refundable.
ARTICLE 10 – EXCLUSION RIGHT OF WITHDRAWAL Maria Louisa Rose can exclude the following products and services from the right of withdrawal, but only if Maria Louisa Rose has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which Maria Louisa Rose has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by Maria Louisa Rose to the consumer who is present in person or who is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if: ✥ the execution has started with the express prior consent of the consumer; and ✥ the consumer has declared that he/she will lose his/her right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Service agreements for the provision of accommodation, as in the agreement is provided for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities, if in the agreement a certain date or period of implementation thereof is provided;
- Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not are suitable for return and which are sealed after delivery broken;
- Products that are irrevocably mixed with other products after delivery due to their nature.
- Alcoholic drinks, the price of which has been agreed upon at the conclusion of the contract agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
✥ the execution has started with the express prior consent of the consumer; and
✥ the consumer has declared that she loses his right of withdrawal.
ARTICLE 11 – THE PRICE
- During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, Maria Louisa Rose can offer products or services whose prices are subject to fluctuations in the financial market and over which Maria Louisa Rose has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are 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 3 months after the conclusion of the agreement are only permitted if Maria Louisa Rose has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services exclude VAT.
ARTICLE 12 – PERFORMANCE OF AGREEMENT AND ADDITIONAL WARRANTY
- Maria Louisa Rose guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. In the event that Maria Louisa Rose also guarantees that the product is suitable for other than normal use.
- An extra warranty period provided by Maria Louisa Rose, its supplier, manufacturer or importer warranty never limits the legal rights and claims that the consumer may have under of the agreement against Maria Louisa Rose if Maria Louisa Rose has failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean every commitment of Maria Louisa Rose, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to in the event that it is failed to fulfill its part of the agreement.
ARTICLE 13 – DELIVERY AND PERFORMANCE
- Maria Louisa Rose will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to Maria Louisa Rose.
- With due observance of what is stated about this in Article 4 of these general terms and conditions stated, Maria Louisa Rose will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order is not or only can be partially executed, the consumer will receive this no later than 30 days after she has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and entitled to any compensation.
- After dissolution in accordance with the previous paragraph, Maria Louisa Rose will pay the amount that the consumer paid without delay.
- The risk of damage and/or loss of products rests with Maria Louisa Rose until the moment of delivery to the consumer or a pre-designated and entrepreneur announced representative, unless expressly stated otherwise agreed.
ARTICLE 14 – DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
- The consumer can enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, to cancel at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can enter into an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services. cancel at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can conclude the agreements referred to in the previous paragraphs:
✥ cancel at any time and not be limited to cancellation at a specific time or in a certain period;
✥ at least cancel in the same way as they entered into by him;
✥ always cancel with the same notice period as Maria Louisa Rose has for herself stipulated.Extension:
- An agreement that has been entered into for a definite period and which extends to the settled delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a specified period.
- Notwithstanding the previous paragraph, an agreement entered into for a definite period may and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a specified period of up to three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.
- An agreement that has been entered into for a definite period and which extends to the settled 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 not exceeding one month. The notice period is a maximum of three months in case the agreement extends to 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) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may after a year the agreement at all times with a notice period of no more than one month cancel, unless reasonableness and fairness prevail against cancellation before the end of the term to postpone the agreed duration.
ARTICLE 15 – PAYMENT
- Insofar as not stipulated otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid immediately via the payment methods offered via the webshop.
- The consumer has the obligation to correct inaccuracies in payment details provided or stated to report to Maria Louisa Rose without delay.
ARTICLE 16 – COMPLAINTS PROCEDURE
- Maria Louisa Rose has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer has discovered the defects, are fully and clearly described submitted to Maria Louisa Rose.
- Complaints submitted to Maria Louisa Rose will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Maria Louisa Rose will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of Maria Louisa Rose can also be submitted via a complaints form on the consumer page of the website of the Stichting Webshop Keurmerk www.keur.info. The complaint will then be sent to both Maria Louisa Rose and the Webshop Keurmerk Foundation.
- If the complaint is not submitted within a reasonable period or within 3 months after the submitting the complaint can be resolved in mutual consultation, a dispute arises that subject to the dispute settlement procedure.
ARTICLE 17 – DISPUTES
- On agreements between Maria Louisa Rose and the consumer to which these general terms and conditions, only Dutch law applies.
- Disputes between the consumer and Maria Louisa Rose about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur, can be submitted by both the consumer and Maria Louisa Rose, with due observance of the provisions below. to the Disputes Committee Webshop PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to Maria Louisa Rose within a reasonable time.
- No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee to be instituted.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When Maria Louisa Rose wants to do that, the consumer within five weeks after a written notification by Maria Louisa Rose request, must state in writing whether it also wishes to do so or whether it wishes to have the dispute handled by the competent court. If Maria Louisa Rose is not informed of the consumer’s choice within the period of five weeks, Maria Louisa Rose is entitled to submit the dispute to the competent court.
- The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (https://www.degeschillencommissie.nl/overons/commissies/thuiswinkel/). The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute or will discontinue the handling if Maria Louisa Rose has been granted a moratorium, has gone bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the Committee at the hearing. and a final verdict has been given.
- If, in addition to the Webshop Disputes Committee, another recognized or Disputes Committees for Consumer Affairs (SGC) or the Financial Complaints Institute Services (Kifid) affiliated disputes committee is competent for disputes relating mainly to the method of distance selling or providing services the Webshop Disputes Committee preferably competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 18 – INDUSTRY WARRANTY
- The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount is paid to the consumer by the Webshop Keurmerk Foundation. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, the Webshop Keurmerk Foundation has a best efforts obligation to ensure that the member complies with the binding advice.
- Application of this guarantee requires that the consumer lodge a written appeal does this with the Stichting Webshop Keurmerk and that it transfers its claim against Maria Louisa Rose to the Stichting Webshop Keurmerk. If the claim against Maria Louisa Rose exceeds €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will act in its own name and at the expense of will demand payment thereof in court in order to satisfy the consumer.
ARTICLE 19 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate 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.
ARTICLE 20 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS WEBSHOP TRADEMARK
- The Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumers’ Association.
- Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.