General Terms and Conditions

GENERAL TERMS AND CONDITIONS MAE B.V.

Website: www.maeofficial.com
Address: Haparandaweg 67 E3, 1013BD Amsterdam, Netherlands
E-mail: 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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Term transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within 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;
Term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: 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 possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model withdrawal form made available by the entrepreneur;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room;
General Terms and Conditions: these present general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Entrepreneur's name: MAE B.V.
Registered address: Herengracht 280, 1016BX Amsterdam, Netherlands
Email address: info@maeofficial.com
CoC number: 91541999
VAT number: NL865689805B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. 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 by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in derogation from 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 them 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 apply mutatis mutandis, and in the event of conflicting conditions, the consumer may invoke the provision most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these conditions will otherwise remain in force, and the provision in question will be replaced by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

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 without obligation. The entrepreneur 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 sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer are not binding for the entrepreneur.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer by electronic means.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data.
The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information, in writing or on a durable data carrier, with the product or service:\n- the visiting address of the establishment;\n- the conditions under which and the manner in which the consumer can exercise the right of withdrawal;\n- information about guarantees and existing service;\n- the price including taxes, shipping costs, method of payment, delivery and execution of the agreement.
In the case of a term transaction, paragraph 5 only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For product deliveries:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days.
During the reflection period, the consumer will handle the product and its packaging with care.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receipt. The product must then be returned within 14 days.
If the consumer does not act within the stipulated periods, the purchase is final.

For service deliveries:

When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for 14 days, starting from the day of entering into the agreement.
To exercise their right of withdrawal, the consumer must follow clear instructions from the entrepreneur.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
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 case of damage to the product due to careless handling, the consumer is liable for any depreciation in value.
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.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the right of withdrawal for products and services as described in paragraphs 2 and 3. This is only valid if clearly stated in the offer.
Exclusion of the right of withdrawal is possible for products:\n- manufactured by the entrepreneur according to the consumer's specifications;\n- that are clearly personal in nature;\n- that cannot be returned due to their nature;\n- that spoil or age quickly;\n- the price of which is subject to fluctuations in the financial market;\n- loose newspapers and magazines;\n- audio and video recordings and computer software of which the seal has been broken;\n- hygienic products of which the seal has been broken.
Exclusion of the right of withdrawal is possible for services:\n- accommodation, transport, catering or leisure activities on a specific date or period;\n- the delivery of which has commenced with the consumer's consent before the end of the reflection period;\n- relating to bets and lotteries.

Article 9 – The 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 due to changes in VAT rates.
Notwithstanding the previous paragraph, products or services whose prices are subject to fluctuations in the financial market may be offered with variable prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal 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 right to terminate the agreement.
Prices include VAT. Printing and typesetting errors reserved. The entrepreneur is not obliged to deliver the product at an incorrect price in case of an incorrect price indication.

Article 10 – Conformity and warranty

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 after 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 of the products for specific applications or for any advice given.
The warranty lapses if:\n- the consumer performs or arranges for repairs or alterations themselves;\n- the product is handled carelessly or contrary to the instructions;\n- the defect is caused by government regulations concerning the nature or quality of materials.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated about this in paragraph 4, the entrepreneur will execute accepted orders within 30 days at the latest, unless a longer delivery period has been agreed. If delivery is delayed, or if an order 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 agreement without incurring any costs.
All delivery terms are indicative. The consumer cannot derive any rights from these. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3, the entrepreneur will 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 endeavour to make a replacement item available. When a replacement item is delivered, this will be clearly communicated. 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 pre-designated third party, unless explicitly agreed otherwise.

Article 12 – Term transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period at any time with due observance of the agreed termination rules and a notice period of at most one month.
An agreement entered into for a definite period may be terminated at the end of the definite period with a notice period of at most one month.
The consumer may terminate the aforementioned agreements:\n- at any time and not be limited to termination at a specific time or in a specific period;\n- terminate in the same manner as they were concluded;\n- always terminate with the same notice period as that which applies to the entrepreneur.

Renewal

A fixed-term agreement for the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers may be tacitly extended for a maximum of three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of a maximum of 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 cancel at any time with a notice period of a maximum of one month.
A limited-term introductory agreement (such as trial subscriptions) will not be tacitly continued and will end automatically.

Duration

If an agreement lasts longer than one year, the consumer may cancel the agreement at any time after one year with a notice period of a maximum of one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

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. For a service, this period begins after receipt of the confirmation of the agreement.
The consumer is obliged to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the defects have been discovered.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a longer processing time, the consumer will receive a confirmation of receipt within the 14-day period with an indication of when a more detailed answer can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first contact the entrepreneur. It is also possible to report 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 their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or differing provisions

Additional provisions or provisions 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 way that they can be stored by the consumer in an accessible manner on a durable data carrier.

General Terms and Conditions