General Terms and Conditions

GENERAL TERMS AND CONDITIONS MAE B.V.

Website: www.maeofficial.com
Address: Haparandaweg 67 E3, 1013BD Amsterdam, Netherlands
Email: info@maeofficial.com
Chamber of Commerce no.: 91541999
VAT no.: NL865689805B01

Table of Contents

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 – Long-term transactions: duration, termination and extension
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:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term 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;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;
  6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available;
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more means of distance communication;
  10. Means of distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur simultaneously being in the same room;
  11. General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: MAE B.V.
Registered address: Haparandaweg 67 E3, 1013BD Amsterdam, Netherlands
Email address: info@maeofficial.com
Chamber of Commerce no.: 91541999
VAT no.: NL865689805B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and order between the entrepreneur and the consumer.
  2. 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 that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable data carrier.
  4. 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 the consumer can always invoke the most favorable provision in case of conflicting conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
  6. Situations 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 these terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to 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 products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.
  4. If the entrepreneur uses 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.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match 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 accepting the offer.

Article 5 – The agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data.
  4. The entrepreneur can, within legal frameworks, inquire whether the consumer can meet their payment obligations. If the entrepreneur, based on this investigation, has good reasons 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.
  5. 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.
  6. In case of a long-term transaction, paragraph 5 only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For product deliveries:

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

For service deliveries:

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

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
  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 will be done via the same payment method, unless the consumer agrees to another method.
  3. In case of damage to the product due to careless handling, the consumer is liable for any depreciation in value.
  4. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur can 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.
  2. Exclusion of the right of withdrawal is possible for products:\n- that have been 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 for which the seal has been broken;\n- hygienic products for which the seal has been broken.
  3. Exclusion of the right of withdrawal is possible for services:\n- accommodation, transport, catering or leisure activities on a specific date or during a specific period;\n- the delivery of which has begun with the consumer's consent before the end of the cooling-off period;\n- concerning bets and lotteries.

Article 9 – The price

  1. During the validity period stated in the offer, the prices will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding this, products or services with variable prices may be offered if these are subject to fluctuations in the financial market.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. 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.
  5. Prices include VAT. Printing and typesetting errors reserved. In the event of an incorrect price quotation, the entrepreneur is not obliged to deliver the product at that price.

Article 10 – Conformity and warranty

  1. 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.
  2. Any additional warranty does not affect the consumer's statutory rights.
  3. Defects or incorrectly delivered products must be reported within 2 months after delivery. Products must be returned in their original packaging and condition.
  4. The entrepreneur's warranty period corresponds to that of the manufacturer. The entrepreneur is not liable for suitability for specific applications or for advice given.
  5. The warranty lapses if:\n- the consumer has carried out or had repairs or modifications carried out themselves;\n- the product has been treated carelessly or in violation of the instructions;\n- the defect is due to government regulations regarding the nature or quality of the materials.

Article 11 – Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders 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 entrepreneur.
  3. With due observance of what is stated in paragraph 4 regarding this, the entrepreneur will execute accepted orders no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, 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 charge.
  4. All delivery terms are indicative. The consumer cannot derive any rights from these. Exceeding a term does not entitle the consumer to compensation.
  5. In case 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.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor 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.
  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 third party, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and extension

Termination

  1. The consumer can terminate an agreement entered into for an indefinite period at any time, observing the agreed termination rules and a notice period of no more than one month.
  2. An agreement entered into for a definite period can be terminated at the end of the definite period with a notice period of no more than one month.
  3. The consumer can 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 way as they were entered into;\n- always terminate with the same notice period as the entrepreneur.

Extension

  1. An agreement entered into for a definite period that extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news, and weekly newspapers may be tacitly extended for a maximum of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.
  4. An agreement with a limited duration for acquaintance (such as trial subscriptions) will not be tacitly continued and will end automatically.

Duration

  1. If an agreement lasts longer than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. 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 starts after receipt of the confirmation of the agreement.
  2. The consumer is obliged to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered 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 longer processing time, the consumer will receive an acknowledgment of receipt within the 14-day period with an indication of when they can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer should first turn to 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 entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  • If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

    • Article 15 – Disputes

    1. 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.
    2. The Vienna Sales Convention is not applicable.

    Article 16 – Additional or deviating 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.