ARTICLE 1 – DEFINITIONS
In these conditions the following definitions apply:
- Entrepreneur: the natural or legal person who offers products remotely to consumers. Hereinafter referred to as Maromode
- Consumer: a natural person who does not act in the exercise of a profession or business and who enters into a distance contract with
- Distance agreement: an agreement that excludes the conclusion of the agreement within the framework of a system organized by the entrepreneur for the distance sale of products.
- Reflection period: the period (14 days) within which the consumer can exercise his right of withdrawal.
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
- Day : calendar day
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
K.Dupina
Seinestream 11
2721 CE Zoetermeer
Phone numbers: +31 636556537
Email address: kdnailroom5@hotmail.com
Chamber of Commerce number: 78148375
VAT number: NL003291503B55
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to every offer from Maromode and to every distance contract concluded between Maromode and the consumer.
- The text of these general terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how 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.
- Accepting or placing an order means that the consumer accepts the applicability of these conditions.
- An agreement is only concluded after acceptance of the order by Maromode. Maromode is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Maromode will notify you within five (5) working days of receiving the order.
ARTICLE 4 – THE OFFER
- The entire offer of l Maromode is without obligation and Maromode expressly reserves the right to change the prices.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. All images used by Maromode are true representations. Obvious mistakes or errors in the offer do not bind Maromode.
- The consumer is entitled to a withdrawal period of fourteen (14) days.
ARTICLE 5 – THE AGREEMENT
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, Maromode will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Maromode, the consumer can terminate the agreement.
- If the agreement is concluded electronically, Maromode 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.
- Maromode can inform itself within legal frameworks 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, based on this investigation, Maro has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Maromode will send the following information to the consumer at the latest upon delivery of 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:
- the visiting address of the Maromode branch where the consumer can go with 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;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- if the consumer has a right of withdrawal, the model withdrawal form.
ARTICLE 6 – RIGHT OF WITHDRAWAL
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. Maromode may ask the consumer about the reason for withdrawal, but does not oblige him to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Maromode may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The basic principle is that the consumer leaves all labels, price tags, stickers and the like attached to the product and that the product only fits and does not wear/use it.
- The consumer is liable for depreciation of the product if the provisions of paragraph 1 are not met.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
- If the consumer exercises his right of withdrawal, he must report this to Maromode within the cooling-off period using the model withdrawal form.
- The consumer shall return the product to Maromode as quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Mark.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
- The consumer must bear the return costs himself. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
- Maromode uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method.
ARTICLE 10 – PRICES AND PAYMENTS
- The prices stated for the products offered are in euros and include VAT.
- For transport within the Netherlands, standard shipping costs are €7.25. Above a purchase amount of €150, Maromode will bear these shipping costs.
- After placing an order, the consumer immediately receives a confirmation by e-mail containing the total costs, including shipping costs.
- Maromode will not refund price differences if an item is discounted at a later date.
- Payment can be made via iDEAL.
ARTICLE 11 – PERFORMANCE OF AGREEMENT AND EXTRA WARRANTY
- Maromode guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- Maromode is not liable for defects or resulting damage that arise after delivery of the products as a result of improper use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered goods.
- Any failure by Maromode to fulfill its obligations gives the consumer the authority to terminate the agreement in whole or in part, unless the failure - given its special nature or minor significance - does not justify this termination and its consequences. To the extent that compliance is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
- If Maromode is in default, the consumer can notify him in writing to claim alternative compensation instead of compliance. This conversion is not possible if the shortcoming - given its minor significance - does not justify it.
- An additional guarantee provided by Maromode's supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
ARTICLE 12 – DELIVERY
- As soon as Maromode has received payment for the order, the order will be shipped via Post-NL to the delivery address indicated in the order. Orders will be shipped within 3 working days at the latest. If Maromode deviates for a certain reason, the consumer will be notified by e-mail.
- Exceeding the agreed delivery times does not entitle the consumer to compensation, termination of the agreement or non-fulfillment of any obligation under the agreement.
- The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the customer can immediately cancel the purchase.
- Delivery in parts is permitted. There are no additional shipping costs for the consumer.
- Maromode tries to keep the website as up to date as possible. However, it may happen that a product is no longer available. In this case, Maromode will contact the customer as soon as possible.
- The place of delivery is the address that the consumer has provided to Maromode.
- The risk of damage and/or loss of products rests with Maromode until the moment of delivery to the consumer or a representative designated in advance and made known to Maromode, unless expressly agreed otherwise.
- Maronode may reserve ownership of all products supplied by it. The consumer only becomes the owner of the purchased products once he has paid the purchase price and any additional amounts owed in full to Maromode.
ARTICLE 13 – RETURNS AND COMPLAINTS
- Maromode does everything it can to deliver a perfect product. If the ordered item nevertheless does not meet expectations, the consumer can return it within 14 days (calendar days) after receiving the order.
- Returns will only be accepted if the packaging and product are undamaged. This warranty expires when
- The product has been worn and/or washed.
- No longer has original labels
- The consumer himself has tried to repair a defect
- The instructions for use have not been followed
- Maromode will refund the full purchase amount directly to the bank account within 5 working days after a product has been returned in good condition.
- Maromode will resolve any problems as quickly as possible. Questions/communications or complaints regarding an order can be submitted by e-mail to kdnailroom5@hotmail.com. The notification must always include your name and email address known to Maromode.
ARTICLE 14 – COMPLAINTS PROCEDURE
- Complaints about defects in the execution of the agreement must be submitted fully and clearly described to Maromode as soon as possible, but no later than two months after discovery.
- At the request of Maromode, the consumer must demonstrate that the agreement to which the complaint relates has been concluded with Maromode.
- Complaints submitted to Maromode will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Maromode will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 15 – LIABILITY
- Any liability of Maromode and the staff and products of Maromode for all damage of any nature, direct or indirect, including business damage, consequential damage, damage to (im)movable property or to persons, is expressly excluded.
- Maromode accepts no liability for any damage resulting from the use of Maromode products.
- Any liability of Maromode towards the buyer is in any case limited to a maximum of the invoice amount that the buyer owes to Maromode under the relevant agreement.
ARTICLE 16 – FORCE MAJEURE
- Force majeure means any shortcoming that cannot be attributed to Maromode. Attribution will not take place if the shortcoming is not attributable to Maromode's fault, nor is it its responsibility under law, legal act or generally accepted views.
- In the event of force majeure, Maromode has the right, at its own discretion, to suspend the execution of the consumer's order or to terminate the agreement without legal intervention.
- The consumer will be informed of the force majeure as soon as possible by e-mail for Maromode, unless the consumer's address has not been made known to Maromode, nor can reasonably be known.
ARTICLE 17 – PRIVACY
- All personal data will only be used for processing the order and will never be made available to third parties.
ARTICLE 18 – APPLICABLE LAW AND JURISDICTION
- All rights, obligations, offers, orders and agreements to which this condition applies are exclusively governed by Dutch law.
- All disputes between parties will be submitted exclusively to the competent court in the Netherlands.