Terms of service

Terms of Service

Clause 1 – Definitions

In these terms, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

Consumer: an individual who is not acting in the course of a profession or business and who enters into a distance contract with the business.

Day: calendar day.

Ongoing transaction: a distance contract relating to a series of products and/or services where the obligation to deliver and/or purchase is spread over time.

Durable medium: any means that allows the consumer or the business 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 option to cancel the distance contract within the cooling-off period.

Business: the individual or legal entity that offers products and/or services to consumers at a distance.

Distance contract: a contract where, within a system for the distance sale of products and/or services organised by the business, only one or more means of distance communication are used up to and including the conclusion of the contract.

Means of distance communication: any means that can be used to conclude a contract without the consumer and the business being in the same place at the same time.

Terms and Conditions: these Terms and Conditions of the business.

Clause 2 – Identity

Business name: Maris Mae
Business address: [ADD]
Registration number: [ADD]
Email address: support@marismae.com

Clause 3 – Applicability

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

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the business will indicate before the distance contract is concluded that the terms and conditions can be viewed at the business, and that they will be sent to the consumer free of charge as soon as possible on request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, the business will indicate before the distance contract is concluded where the terms and conditions can be viewed electronically, and that they will be sent to the consumer free of charge, electronically or otherwise, on request.

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partly void or annulled, the contract and the remainder of these terms will remain in force. The provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the intent of the original.

Situations not covered by these terms and conditions should be assessed in the spirit of these terms and conditions.

Any uncertainty about the interpretation or content of one or more provisions of these terms and conditions should be interpreted in the spirit of these terms and conditions.

Clause 4 – The offer

If an offer is valid for a limited period or is subject to conditions, this will be stated explicitly in the offer.

The offer is non-binding. The business is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly assess the offer. If the business uses images, these are a true representation of the products and/or services offered. The business is not bound by obvious mistakes or errors in the offer.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

Product images are a true representation of the products offered. The business cannot guarantee that the colours shown exactly match the actual colours of the products.

Each offer contains enough information for the consumer to understand the rights and obligations attached to accepting the offer. This includes in particular:

• the price including taxes;
• any shipping costs;
• how the contract will be concluded and which steps are required;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for accepting the offer, or the period during which the business guarantees the price;
• the rate for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the standard base rate;
• whether the contract will be archived after it is concluded and, if so, how the consumer can access it;
• how the consumer can check and, if necessary, correct the information they provided for the contract before it is concluded;
• any other languages in which the contract can be concluded;
• the codes of conduct the business is subject to and how the consumer can view these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colours and types of material.

Clause 5 – The contract

Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the business will confirm receipt of the acceptance electronically without delay. As long as the business has not confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the business will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the business will take appropriate security measures for this.

Within the limits of the law, the business may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this check, the business has good reason not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The business will send the following information with the product or service, in writing or in a way that the consumer can store in an accessible manner on a durable medium:

1. the physical address of the business where the consumer can lodge complaints;
2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
3. information about warranties and existing after-sales service;
4. the information set out in Clause 4, paragraph 3 of these terms, unless the business has already provided this information to the consumer before performing the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.

In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into subject to sufficient availability of the products concerned.

Clause 6 – Right of withdrawal

When purchasing products, the consumer may cancel the contract without giving reasons within 14 days of receipt, provided the products are in their original condition with the labels still attached. This cooling-off period starts on the day after the product is received by the consumer or by a representative nominated in advance by the consumer and made known to the business.

If the consumer exercises their right of withdrawal, they must return the product in its original packaging with the labels still attached, in accordance with the reasonable and clear instructions provided by the business.

If the consumer wishes to exercise their right of withdrawal, they must notify the business within 14 days of receiving the product. The consumer must do this in writing or by email. After notifying the business, the customer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example with proof of postage.

If, after the periods referred to in paragraphs 2 and 3, the consumer has not notified the business that they wish to exercise their right of withdrawal, or has not returned the product to the business, the sale is final.

Clause 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is at the consumer’s expense.

If the consumer has paid an amount, the business will refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is on the condition that the business has already received the product or that conclusive proof of complete return can be provided.

Clause 8 – Exclusion of the right of withdrawal

The business may exclude the consumer’s right of withdrawal for the products described in paragraphs 1 to 8. The exclusion only applies if the business has stated this clearly in the offer, or at least in good time before the contract is concluded.

The right of withdrawal can only be excluded for products:

1. made by the business in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that spoil or age quickly;
5. whose price is linked to fluctuations in the financial market over which the business has no control;
6. that are single newspapers and magazines;
7. that are audio and video recordings and computer software where the consumer has broken the seal;
8. that are hygiene products.

The right of withdrawal can only be excluded for services:

1. relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
2. where delivery has started with the consumer’s express consent before the cooling-off period has ended;
3. relating to betting and lotteries.

Clause 9 – Price

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 tax rates.

Notwithstanding the previous paragraph, the business may offer products or services whose prices are linked to fluctuations in the financial market over which the business has no control at variable prices. This link to fluctuations, and the fact that any stated prices are indicative, will be stated in the offer.

Price increases within 3 months of the contract being concluded are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the contract is concluded are only permitted if the business has stipulated this and:

1. they result from statutory regulations or provisions; or
2. the consumer is entitled to terminate the contract from the day the price increase takes effect.

The prices stated in the offer of products or services include GST.

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 errors, the business is not obliged to supply the product at the incorrect price.

Clause 10 – Compliance and warranty

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

A warranty provided by the business, manufacturer or importer does not affect the statutory rights and claims the consumer has against the business under the contract.

Any defects or incorrectly delivered products must be reported to the business in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business 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 and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or contrary to the instructions of the business and/or the instructions on the packaging;
• the defect is wholly or partly the result of government regulations that have been or will be imposed regarding the nature or quality of the materials used.

Clause 11 – Delivery and performance

The business will take the greatest possible care when receiving and fulfilling orders for products.

The place of delivery is the address the consumer has provided to the business.

Subject to Clause 4 of these terms, the business will fulfil accepted orders promptly, and 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 fulfilled or can only be partly fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the business will refund the amount paid by the consumer as soon as possible, and no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the business will make every effort to provide a replacement item. No later than at delivery, the consumer will be informed clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is at the expense of the business.

The risk of damage to and/or loss of products remains with the business until the moment of delivery to the consumer or to a representative nominated in advance and made known to the business, unless expressly agreed otherwise.

Clause 12 – Payment

Unless another date has been agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Clause 6, paragraph 1. In the case of a contract to provide a service, this period starts after the consumer has received confirmation of the contract.

The consumer must notify the business without delay of any inaccuracies in payment details provided or stated.

In the event of non-payment by the consumer, the business has the right, subject to legal limitations, to charge reasonable costs made known to the consumer in advance.

Clause 13 – Complaints

Complaints about the performance of the contract must be submitted to the business, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

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

A complaint does not suspend the obligations of the business, unless the business states otherwise in writing.

If the business finds a complaint to be justified, it will, at its discretion, replace or repair the delivered products free of charge.

Clause 14 – Disputes

Contracts between the business and the consumer to which these terms and conditions apply are governed exclusively by the laws of the United Kingdom, even if the consumer lives abroad.