Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any tool that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to use his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. 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, including the conclusion of the contract exclusively by means of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Maylino

.Rijksweg 44
(No visiting address)
4255 GM Nieuwendijk
Netherlands

Registered trade names: Maylino, Aquagravel en Hardscape shop
Owner: Joost Abrahams
Chamber of Commerce number: 91339790
VAT identification number: NL004883505B04

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded and orders between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the consumer’s request.
  3. IIf 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 can be made available to the consumer electronically in such a way that can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay. of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services.The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and repair them if necessary;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an extended transaction.

Article 5 – The agreement

  1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will 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 agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within the law – inform himself if 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with 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 medium:
    • the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
    • the conditions under which and the way 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 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 agreement;
    • the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This reflection period commences on the day after the product is received by the consumer or a pre-designated representative made known to the entrepreneur by the consumer.
  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, commencing on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the maximum costs of return will be at his expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  3. In the case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the contract is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer’s specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • that can spoil quickly or have a limited shelf life;
    • whose prices are tied 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 whose seal the consumer has broken.
    • for hygienic products whose seal the consumer has broken.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
    • whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
    • concerning betting and lotteries.

Article 9 – The price

  1. During the validity period mentioned 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 may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices included in the offer of products or services include VAT.
  6. All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the case of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also ensures 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 agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s 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.
  5. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
    • the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without cost and is entitled to any compensation. Exceeding a term does not entitle the consumer to compensation.
  4. All delivery periods are indicative. No rights can be derived from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of 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 pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation, and extension

Cancellation

  1. The consumer can cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time subject to the agreed cancellation rules and a notice period of at most one month.
  2. The consumer can cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period subject to the agreed cancellation rules and a notice period of at most one month.
  3. The consumer can the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way as they are entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
  2. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, news and weekly magazines and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended contract at the end of the extension with a notice period of at most one month.
  3. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly magazines and magazines.
  4. A contract with a limited duration for the regular introduction of daily newspapers, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after entering the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the contract must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute that is subject to the dispute settlement procedure arises.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/leden/ If a solution is not yet reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee.
  6. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr)
  7. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
  8. If a complaint is found to be justified by the entrepreneur, the entrepreneur will at her 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 apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional or different provisions from these general terms and conditions may not be to the consumer’s detriment 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.

Model withdrawal form

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