General Terms and Conditions

Terms and Conditions

Definitions

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal;

  • Consumer: The natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;

  • Day: Calendar day;

  • Long-term contract: 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 tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period;

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

  • Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication;

  • Means of distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present.

Article 2 – Identity of the Entrepreneur

By Webbie
Zesde Buitenpepers 7, 5231 GD ’s-Hertogenbosch, The Netherlands
Email address: contact@marthova.com
Chamber of Commerce number: 89555783
VAT identification number: NL004742596B07

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumer.

Before a distance contract is concluded, the consumer shall be provided with the text of these general terms and conditions. If this is not reasonably possible, the consumer will be informed where the terms can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically in a manner that enables the consumer to store them on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent electronically or otherwise free of charge.

In the event of specific product or service conditions, these apply in addition to these general terms. In case of conflicting conditions, the most favorable provision for the consumer shall apply.

If one or more provisions of these terms are wholly or partially null or void, the remaining provisions remain in effect. The invalid clause shall be replaced in mutual consultation by a clause that reflects the original as closely as possible.

Situations not covered by these terms shall be judged in the spirit of these terms and conditions. Ambiguities shall be interpreted according to the spirit of these general conditions.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be clearly stated.

Offers are non-binding. The entrepreneur may change or modify the offer.

The offer includes a complete and accurate description of the offered products and/or services. Descriptions are sufficiently detailed to allow proper assessment. Images, if used, represent the products and/or services truthfully. Obvious errors or mistakes are not binding.

Every offer includes information so the consumer knows what rights and obligations are involved, including:

  • The price including taxes;

  • Any applicable shipping costs;

  • The manner in which the agreement will be concluded;

  • Whether or not the right of withdrawal applies;

  • Payment methods, delivery, and execution;

  • The period for accepting the offer;

  • Communication cost basis if different from basic rate;

  • Whether the agreement will be archived and if so, how it can be accessed;

  • How the consumer can verify or correct submitted information;

  • Available sizes, colors, materials (if applicable).

Article 5 – The Agreement

The contract is concluded when the consumer accepts the offer and meets the conditions.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt immediately by electronic means. Until the entrepreneur confirms acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur takes technical and organizational measures to secure electronic data transmission and ensures a secure web environment. If electronic payment is possible, appropriate security measures will be taken.

The entrepreneur may gather information regarding the consumer’s ability to meet payment obligations and other relevant information. If there is good reason not to conclude the agreement, the entrepreneur may refuse an order or attach special conditions.

The entrepreneur will provide the consumer with the following information:

  • Business address for complaints;

  • Conditions for and method of withdrawal;

  • Information on after-sales service and warranties;

  • Information already provided under Article 4;

  • Conditions for terminating contracts of indefinite duration.

For long-term transactions, this only applies to the first delivery.

All agreements are made subject to the availability of the products.

Article 6 – Right of Withdrawal

When purchasing products, consumers have the right to cancel within 14 days without giving any reason. This period starts the day after the consumer or their representative receives the product.

During this period, the consumer should handle the product and packaging carefully. They may only unpack or use the product to the extent necessary to assess it. If exercising the right of withdrawal, the product must be returned in its original condition and packaging, with all accessories, in accordance with reasonable and clear instructions provided.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days. The product must then be returned within another 14 days. Proof of timely return must be provided, e.g. tracking receipt.

If these deadlines are not met, the purchase becomes binding.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they bear the return shipping costs.

If payment has already been made, the entrepreneur will refund the amount as soon as possible, within 14 days of withdrawal, provided the returned product has been received or proof of return is submitted.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • Products made to the consumer’s specifications;

  • Products that are clearly personal in nature;

  • Products that cannot be returned due to their nature;

  • Perishable or rapidly aging products;

  • Sealed products that are not suitable for return for hygiene reasons, once the seal has been broken.

The exclusion must be clearly stated in the offer.

Article 9 – Price

The prices stated include VAT.

Price changes due to VAT adjustments are permitted.

The entrepreneur is not bound by pricing errors and is not obliged to deliver products at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and services conform to the agreement, the specifications listed in the offer, and legal requirements.

The entrepreneur is not liable for improper use by the consumer.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest care in processing and fulfilling orders.

Risk of damage or loss is borne by the entrepreneur until delivery to the consumer or their designated recipient.

Article 12 – Long-term Contracts: Termination and Renewal

Consumers may cancel indefinite contracts at any time with a maximum notice period of one month.

Contracts may not be renewed automatically, except for subscriptions to newspapers/magazines, which may be extended for up to three months.

Article 13 – Payment

The consumer is required to make payments within the agreed term as stated in the contract.

Article 14 – Complaints

Complaints must be submitted within 7 days after defects are discovered.

The entrepreneur will respond to complaints within 14 days.

Article 15 – Disputes

These terms and conditions are governed exclusively by English law.