General Terms and Conditions
Please carefully read the terms and conditions before ordering a product on the MAMALOVES website. By placing an order on the MAMALOVES website, you agree to our general terms and conditions.
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, with the obligation of delivery and/or performance being spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the withdrawal form provided by the entrepreneur that the consumer can use when exercising their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, exclusively using one or more means of distance communication until the contract is concluded;
Means of distance communication: any means that can be used for concluding a contract, without the consumer and entrepreneur being physically present in the same location at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Chamber of Commerce registration number 81009909
VAT number NL861887578B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, it shall be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from 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 by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before concluding the distance contract, it shall be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge upon request by electronic means or otherwise.
In the event that alongside these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced by a provision that reflects the purpose of the original provision as closely as possible, by mutual agreement.
Matters not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes 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, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, and information in the offer are indicative and cannot be a basis for any compensation or dissolution of the agreement. Images accompanying the products are a true representation of the offered products. The entrepreneur cannot guarantee an exact match of colors between the displayed images and the actual colors of the products. Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer. This includes, in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the necessary actions for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the fee for remote communication if the costs of using remote communication technology are calculated on a basis other than the regular base rate for the communication method used;
whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
how the consumer can check and, if desired, correct the data provided by him within the framework of the agreement, before concluding the agreement;
any other languages in which the agreement, in addition to Dutch, can be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a continuous transaction.
Article 5 - The agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the stated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will implement 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 can, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as examine all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they have the right to reject an order or request, stating the reasons, or to attach special conditions to its execution. The entrepreneur will include the following information with the product or service, in writing or in a way that allows the consumer to store it in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can address complaints; the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about warranties and after-sales service; the data mentioned in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement; Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
In the case of product delivery:
Upon purchasing products, the consumer has the option to dissolve the agreement without stating any reasons within 14 days. This withdrawal period starts on the day after the consumer or a previously designated representative, other than an engraver, has received the product from the entrepreneur. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they decide to exercise their right of withdrawal, they shall return the product to the entrepreneur in its original condition and packaging, along with all accessories provided, as instructed by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer can notify the entrepreneur by using the model withdrawal form or by any other means of communication, such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the product has been returned in a timely manner, for example, by providing a proof of shipment. If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the aforementioned period, or if they have not returned the product to the entrepreneur, the purchase is considered final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional upon the product already being received by the online retailer or upon providing conclusive evidence of its complete return. The refund will be made using the same payment method used by the consumer. In the event of damage to the product due to the consumer's careless handling, the consumer shall be liable for any depreciation in value of the product. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in a timely manner before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: that have been personalized according to the consumer's specifications; that are clearly of a personal nature, including engraved jewelry; that, by their nature, cannot be returned;
Article 9 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, meet the specifications stated in the offer, satisfy the reasonable requirements of soundness and/or usability, and comply with the legal provisions and/or government regulations in force on the date of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after their discovery. The entrepreneur's warranty period corresponds to the statutory 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. The warranty does not apply if: the consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties; the delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the entrepreneur's instructions and/or the packaging instructions; the defects are wholly or partly the result of regulations prescribed or to be prescribed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The company shall exercise the utmost care when receiving orders for products and when executing product orders. The place of delivery shall be the address that the consumer has provided to the company. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after he has placed the order. In such cases, the consumer is entitled to dissolve the agreement free of charge and with the right to any compensation. All delivery periods indicated are approximate and the consumer cannot derive any rights from them. Exceeding a delivery period does not entitle the consumer to compensation. If an agreement is dissolved pursuant to paragraph 3 of this article, the company shall refund the amount that the consumer has paid as soon as possible but no later than within 14 days after dissolution. If it is impossible to deliver a product that has been ordered, the company shall make an effort to offer a replacement product. The right of withdrawal cannot be excluded for replacement items. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6(1) has commenced. In the case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement. The consumer is obligated to report any inaccuracies in the provided or stated payment details to the company without delay. In the event of consumer default, the company, subject to statutory limitations, shall be entitled to charge the consumer reasonable costs that have been communicated in advance.
Article 13 - Complaints Procedure
The company has a sufficiently publicized complaints procedure in place and handles complaints in accordance with this procedure. Complaints about the execution of the agreement must be submitted to the company in a complete and clearly described manner within 2 months after the consumer has discovered the defects. Complaints submitted to the company shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response. If a complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute settlement procedure. For complaints, the consumer should first turn to the company. It is also possible to submit complaints via the European Online Dispute Resolution platform (http://ec.europa.eu/odr). The filing of a complaint does not suspend the company's obligations, unless the company expressly states otherwise in writing. If a complaint is found to be justified by the company, the company shall, at its discretion, either replace or repair the delivered products free of charge.
Article 14 - Disputes
Dutch law shall exclusively apply to agreements between the company and the consumer to which these general terms and conditions relate, even if the consumer resides abroad. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 15 - 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 medium