Algemene voorwaarden

This website is operated by Maison Erve. Throughout the site, the terms "we", "us" and "our" refer to Maison Erve. Maison Erve offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service.

General Terms and Conditions

Article 1 – Definitions

In these conditions, the following terms shall have the following meanings:

  • Reflection Period: The period during which the Consumer can exercise their Right of Withdrawal.

  • Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a Distance Contract with the Entrepreneur.

  • Day: Calendar day.

  • Long-term Transaction: A Distance Contract relating to a series of products and/or services, where the obligation to supply and/or purchase is 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 for future consultation and unaltered reproduction of the stored information.

  • Right of Withdrawal : The option for the Consumer to withdraw from the Distance Contract within the Reflection Period.

  • Entrepreneur : The natural or legal person who offers products and/or services to Consumers at a distance.

  • Distance Contract: A contract concluded under an organized system for the remote sale of products and/or services, where only one or more means of remote communication are used up to and including the time the contract is concluded.

  • Means of Remote Communication: Means that can be used to conclude a contract without the Consumer and Entrepreneur being simultaneously present in the same room.

  • General Terms and Conditions: The present General Terms and Conditions of the Entrepreneur.

Article 2 – Right of Withdrawal

The Consumer has the right to withdraw from the contract within a Reflection Period of 30 days without giving any reason. During the Reflection Period, the Consumer shall handle the product and its packaging with care. If the Consumer exercises their Right of Withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the Entrepreneur's reasonable instructions.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Distance Contract and order concluded between the Entrepreneur and the Consumer.

  1. Before the Distance Contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, it will be indicated before the Distance Contract is concluded that the General Terms and Conditions can be inspected at the Entrepreneur’s premises and will be sent to the Consumer free of charge as quickly as possible upon request.

  2. If the Distance Contract is concluded electronically, then, 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 it on a Durable Medium. 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 to the Consumer free of charge, either electronically or by other means, upon request.

  3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis, and the Consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting General Terms and Conditions.

  4. If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these conditions will remain in force, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the scope of the original as closely as possible.

  5. Situations not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these General Terms and Conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The Entrepreneur is entitled to change and adjust the offer.

  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer.

  3. If the Entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.

  4. All images and specifications in the offer are indicative and cannot lead to compensation or dissolution of the contract.

  5. Images accompanying products are a truthful representation of the products offered. The Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

  6. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    • Any shipping costs.

    • The way in which the contract will be concluded and which actions are required for this.

    • Whether or not the Right of Withdrawal is applicable.

    • The method of payment, delivery and execution of the contract.

    • The term for accepting the offer, or the term within which the Entrepreneur guarantees the price.

    • The amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication method used.

    • Whether the contract will be archived after conclusion, and if so, how the Consumer can consult it.

    • The way in which the Consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, rectify it.

    • Any other languages in which the contract can be concluded, besides Dutch.

    • The codes of conduct to which the Entrepreneur is subject and the way in which the Consumer can consult these codes of conduct electronically.

    • The minimum duration of the Distance Contract in the case of a Long-term Transaction.

    • Optional: available sizes, colours, type of materials.

Article 5 – The Contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the Consumer accepts the offer and complies with the conditions set out therein.

  2. If the Consumer has accepted the offer electronically, the Entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the contract.

  3. If the contract is concluded electronically, the Entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

  4. The Entrepreneur can – within legal frameworks – inform themselves about whether the Consumer can meet their payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the Distance Contract. If the Entrepreneur has good reasons on the basis of this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

  5. The Entrepreneur shall send the following information with the product or service 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 Medium:

    • The visiting address of the Entrepreneur's business location where the Consumer can address 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.

    • Information about guarantees and existing after-sales service.

    • The data included in Article 4 paragraph 3 of these conditions, unless the Entrepreneur has already provided this data to the Consumer before the execution of the contract.

    • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

       

  6. In the case of a Long-term Transaction, the provision in the previous paragraph only applies to the first delivery.

     

  7. Every contract is entered into under the suspensive condition of sufficient availability of the respective products.

     

Article 6 – Right of Withdrawal

  1. When purchasing products, the Consumer has the option to dissolve the contract without giving reasons for a period of 30 days.

  2. This Reflection Period commences on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to the Entrepreneur.

  3. During the Reflection Period, the Consumer shall handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

  4. If they exercise their Right of Withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

  5. When the Consumer wishes to exercise their Right of Withdrawal, they are obliged to make this known to the Entrepreneur within 30 days after receipt of the product. The Consumer must make this known by means of a written message or email.

  6. After the Consumer has made known that they wish to exercise their Right of Withdrawal, the customer must return the product within 30 days. The Consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

  7. If the customer has not made known that they wish to exercise their Right of Withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3, and/or has not returned the product to the Entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

  1. If the Consumer exercises their Right of Withdrawal, the costs for returning the products shall be borne by the Consumer.

  2. If the Consumer has paid an amount, the Entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This refund is subject to the condition that the product has already been received back by the Entrepreneur or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. The Entrepreneur can exclude the Consumer's Right of Withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the Right of Withdrawal only applies if the Entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

  2. Exclusion of the Right of Withdrawal is only possible for products:

     

    • Which have been created by the Entrepreneur in accordance with the Consumer's specifications.

       

    • Which are clearly personal in nature.

       

    • Which cannot be returned due to their nature.

       

    • Which spoil or age quickly.

       

    • Whose price is subject to fluctuations in the financial market over which the Entrepreneur has no influence.

       

    • For loose newspapers and magazines.

       

    • For audio and video recordings and computer software of which the Consumer has broken the seal.

       

    • For hygienic products of which the Consumer has broken the seal.

       

Article 9 – The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

  2. Notwithstanding the previous paragraph, the Entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.

  3. Price increases within three months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

  4. Price increases from three months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated this and:

    • They are the result of legal regulations or provisions.

    • The Consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

  5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

  2. A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against the Entrepreneur on the basis of the contract.

  3. Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

  4. The warranty period of the Entrepreneur corresponds to the factory warranty period. However, the Entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the Consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:

    • The Consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.

    • The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or have been handled contrary to the instructions of the Entrepreneur and/or the packaging.

    • The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The Entrepreneur shall observe the greatest possible care when receiving and executing product orders.

  2. With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than 30 days, unless the Consumer has agreed to a longer delivery term.

  3. If delivery is delayed, or if an order cannot or can only be partially executed, the Consumer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to dissolve the contract without incurring costs and is entitled to any compensation.

  4. In case of dissolution in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than 30 days after dissolution.

  5. If delivery of an ordered product proves impossible, the Entrepreneur will endeavour to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered.

  6. The Right of Withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the Entrepreneur.

  7. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and made known to the Entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Extension

Termination

  1. The Consumer can terminate a contract that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.

  2. The Consumer can terminate a contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.

  3. The Consumer can terminate the contracts mentioned in the previous paragraphs:

    • At any time and is not limited to termination at a specific time or in a specific period;

    • At least in the same way as they were entered into by them;

    • Always with the same notice period as the Entrepreneur has stipulated for themselves.

Extension 4. A contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration. 5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the Consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month. 6. A contract that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the Consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the purchase of the trial or introductory period.

Duration 8. If a contract has a duration of more than one year, the Consumer may terminate the contract 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 duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within seven working days after the start of the Reflection Period as referred to in Article 6 paragraph 1.

  2. In the event of a contract for the provision of a service, this term commences after the Consumer has received confirmation of the contract.

  3. The Consumer has the duty to immediately report inaccuracies in provided or stated payment data to the Entrepreneur.

  4. In case of non-payment by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the contract must be submitted to the Entrepreneur fully and clearly described within seven days after the Consumer has discovered the defects.

  2. Complaints submitted to the Entrepreneur will be answered within a period of 14 days counted from the date of receipt.

  3. If a complaint requires a foreseeably longer processing time, the Entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

     

  5. A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur indicates otherwise in writing.

     

  6. If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law.

  2. This also applies if the Consumer resides abroad.