General Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of Mae-Lilly
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of Mae-Lilly in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Mae-Lilly or by a third party on the basis of an agreement between that third party and Mae-Lilly;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a specific period;
7. Durable medium: any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between Mae-Lilly and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
12. Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same place at the same time.
Article 2 - Identity of Mae-Lilly
Mae-Lilly
Newendijk 40
3443 BM Woerden
KvK: 86954407
Email address:service@maelilly.nl
If Mae-Lilly's activity is subject to a relevant licensing system: details of the supervisory authority.
If Mae-Lilly practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Mae-Lilly and to every distance contract concluded between 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, Mae-Lilly will indicate before the distance contract is concluded in what way the general terms and conditions can be viewed at Mae-Lilly and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
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 accordingly and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
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 contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Mae-Lilly uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Mae-Lilly.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, Mae-Lilly will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Mae-Lilly, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Mae-Lilly will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Mae-Lilly will take appropriate security measures.
4. Mae-Lilly may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, Mae-Lilly has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Mae-Lilly will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. the visiting address of the Mae-Lilly branch where the consumer can submit 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. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of up to 14 days without giving reasons. Mae-Lilly may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences 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, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. Mae-Lilly may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
Article 7 - Obligations of the consumer during the cooling-off period
1. 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, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Mae-Lilly has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall report this to Mae-Lilly within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Mae-Lilly. This is not necessary if Mae-Lilly has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Mae-Lilly.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If Mae-Lilly has not reported that the consumer must bear these costs or if Mae-Lilly indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of Mae-Lilly in case of withdrawal
1. If Mae-Lilly makes it possible for the consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.
2. Mae-Lilly shall reimburse all payments made by the consumer, including any delivery costs charged by Mae-Lilly for the returned product, without delay but within 14 days following the day on which the consumer notifies Mae-Lilly of the withdrawal. Unless Mae-Lilly offers to collect the product itself, it may wait with reimbursement until it has received the product or until the consumer proves that he has returned the product, whichever is the earliest.
3. Mae-Lilly will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Mae-Lilly does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
Exempt from the right of withdrawal is a consumer purchase that concerns the delivery of:
1. Products manufactured to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
2. Products that spoil quickly or have a limited shelf life;
3. Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. Products which, after delivery, are by their nature irreversibly mixed with other products;
Article 11 - The price
1. During the period of validity 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.
2. By way of exception to the previous paragraph, Mae-Lilly may offer products or services whose prices are subject to fluctuations in the financial market and over which Mae-Lilly has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Mae-Lilly has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional warranty
1. Mae-Lilly 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, Mae-Lilly also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by Mae-Lilly, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against Mae-Lilly under the agreement if Mae-Lilly has failed to fulfil its part of the agreement.
3. An additional guarantee is understood to mean any obligation of Mae-Lilly, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
Article 13 - Delivery and execution
1. Mae-Lilly will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Mae-Lilly.
3. Taking into account what is stated in article 4 of these general terms and conditions, Mae-Lilly will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Mae-Lilly will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Mae-Lilly until the moment of delivery to the consumer or a previously designated representative made known to Mae-Lilly, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Cancellation:
1. The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as Mae-Lilly has stipulated for itself.
Extension:
4. An agreement entered into for a fixed period and aimed at the regular delivery of products may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at 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 with a notice period of up to one month.
6. An agreement entered into for a definite period and which provides for the regular 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 of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
7. An agreement with a limited duration is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to Mae-Lilly without delay.
4. If the consumer does not meet his payment obligation(s) on time, after Mae-Lilly has informed him of the late payment and Mae-Lilly has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the amount still owed and Mae-Lilly will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Mae-Lilly may deviate from the stated amounts and percentages to the advantage of the consumer.
Article 16 - Complaints procedure
1. Mae-Lilly has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Mae-Lilly within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to Mae-Lilly will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Mae-Lilly will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Mae-Lilly at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.
Article 17 - Disputes
1. Agreements between Mae-Lilly and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or deviating provisions
Additional or deviating provisions 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.
Appendix I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to cancel the agreement)
- At:
Mae-Lilly
Newendijk 40
3443 BM Woerden
info@maelilly.nl
- I/We* hereby inform you that I/we* terminate our agreement regarding
the sale of the following products: .......
revokes/revoked*
- Ordered on*/received on* [date of ordering for services or receipt for products]
- [Consumer(s) Name]
- [Consumer(s) address]
- [Signature of consumer(s)] (only when this form is submitted on paper)
* Cross out what does not apply or fill in what applies.