Website: www.maeofficial.com
Address: Haparandaweg 67 E3, 1013BD Amsterdam, The Netherlands
Email: info@maeofficial.com
CoC number: 91541999
VAT number: NL865689805B01
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Long-term transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
In these terms and conditions, the following is understood to mean:
Cooling-off period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day : calendar day;
Continuous transaction : a distance contract relating to a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
Durable data carrier : any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information;
Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form : the model withdrawal form provided by the entrepreneur;
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract : an agreement in which, within the framework of a system organised by the entrepreneur for distance selling, exclusive use is made of remote means of communication;
Remote communication technology : means that can be used to conclude an agreement without the consumer and the trader being simultaneously present in the same space;
General Terms and Conditions : the present general terms and conditions of the entrepreneur.
Entrepreneur's name: MAE BV
Registered address: Haparandaweg 67-E3, 1013BD, Amsterdam, Nederland
Email address: info@maeofficial.com
CoC number: 91541999
VAT number: NL865689805B01
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
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 shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding 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 manner that it can be easily stored by the consumer on a durable data carrier.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may invoke the provision most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or are annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
The offer contains 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 makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.
The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data.
The entrepreneur may, within legal frameworks, ascertain whether the consumer is able to meet his payment obligations. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with justification, or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information regarding the product or service, in writing or on a durable data carrier: - the visiting address of the establishment; - the conditions under which and the manner in which the consumer may exercise the right of withdrawal; - information regarding warranties and existing service; - the price including taxes, shipping costs, method of payment, delivery, and performance of the agreement.
In the case of a continuous transaction, paragraph 5 applies only to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.
Upon delivery of products:
When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days.
During the cooling-off period, the consumer will handle the product and the packaging with care.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receipt. Subsequently, the product must be returned within 14 days.
If the consumer fails to act within the stipulated time limits, the purchase is final.
Upon delivery of services:
In the case of the provision of services, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days, commencing on the day the agreement was entered into.
To exercise his right of withdrawal, the consumer must follow clear instructions from the entrepreneur.
If the consumer exercises his right of withdrawal, he shall bear at most the costs of return shipment.
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 will be done via the same payment method, unless the consumer agrees to a different method.
In the event of damage to the product caused by careless handling, the consumer is liable for the reduction in value.
The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal.
The entrepreneur may exclude the right of withdrawal for products and services as described in paragraphs 2 and 3. This is only valid if this is clearly stated in the offer.
The right of withdrawal may be excluded for products: - manufactured by the entrepreneur according to the consumer's specifications; - that are personal in nature; - that cannot be returned due to their nature; - that spoil or become obsolete quickly; - whose price is subject to fluctuations on the financial market; - individual newspapers and magazines; - audio and video recordings and software whose seal has been broken; - hygienic products whose seal has been broken.
The right of withdrawal may be excluded for services: - accommodation, transport, hospitality or leisure activities on a specific date or period; - the provision of which has commenced with the consumer's consent before the end of the cooling-off period; - relating to betting and lotteries.
During the validity period stated in the offer, prices will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding this, products or services with variable prices may be offered if they are subject to fluctuations in the financial market.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if this has been stipulated and the consumer has the option to terminate the agreement.
Prices include VAT. Subject to printing and typesetting errors. In the event of an incorrect price indication, the entrepreneur is not obliged to supply the product at that price.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability.
Any additional warranty does not affect the consumer's statutory rights.
Defects or incorrectly delivered products must be reported within 2 months of delivery. Products must be returned in their original packaging and condition.
The entrepreneur's warranty period corresponds to that of the manufacturer. The entrepreneur is not liable for suitability for specific applications or advice given.
The warranty becomes void if: - the consumer carries out or has repairs or modifications carried out themselves; - the product is handled carelessly or contrary to the instructions; - the defect arises from government regulations regarding the nature or quality of materials.
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to what is stated in paragraph 4 regarding this, the entrepreneur shall execute accepted orders within 30 days at the latest, unless a longer delivery period has been agreed. If delivery is delayed or can only be partially carried out, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost.
All delivery times are indicative. The consumer cannot derive any rights from these. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3, the entrepreneur shall refund the amount paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. Upon delivery of a replacement item, this will be clearly stated. The right of withdrawal remains applicable to replacement items.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated third party, unless expressly agreed otherwise.
Cancellation
The consumer may terminate an agreement entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of at most one month.
A fixed-term agreement may be terminated at the end of the fixed term with a notice period of at most one month.
The consumer may terminate the said agreements: - at any time and not be limited to termination at a specific time or in a specific period; - terminate in the same manner as they were entered into; - always terminate with the same notice period as applies to the entrepreneur.
Extension
A fixed-term agreement providing for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a fixed-term agreement for the regular delivery of daily newspapers, news magazines, and weekly papers may be tacitly renewed for a maximum of three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of at most one month.
An agreement with a limited duration for introductory purposes (such as trial subscriptions) is not tacitly renewed and terminates automatically.
Duration
If an agreement lasts longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude this.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service, this period commences upon receipt of the confirmation of the agreement.
The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously disclosed to the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 2 months of discovery of the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within the 14-day period indicating when a more detailed response can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform ( http://ec.europa.eu/odr ).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Provisions supplementing or deviating 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 manner that they can be stored by the consumer in an accessible manner on a durable data carrier.