General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can make use of 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;

• Long-term 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;

• Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

• Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company name: J.C.V. van Os

• Chamber of Commerce number: 93715757

• Trade name: J.C.V. van Os

• VAT number: NL005036955B40

• Customer service email: info@maisonsalvara.com

• Business address: Hoofdstraat 183, De Lier

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay, in mutual consultation, by a provision that approximates the purpose 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.

Ambiguities regarding the interpretation or content of one or more provisions of these terms shall be explained “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

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

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, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each 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, excluding customs clearance costs and import VAT. These additional costs shall be borne by and are at the risk of the customer. The postal and/or courier service will, with regard to import, use the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged clearance costs) from the recipient of the goods;

• any costs of shipping;

• the manner in which the contract will be concluded and what actions are required for this;

• 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 within which the entrepreneur guarantees the price;

• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means of communication used;

• whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;

• the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct it;

• any other languages in which, in addition to Dutch, the contract can be concluded;

• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

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

The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service to the consumer:

• the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;

• the conditions under which and the manner in which the consumer can make use of 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(3) of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;

• the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they make use of their right of withdrawal, they will return the product with all delivered accessories 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.

If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer must do so by written message/email. After the consumer has indicated that they wish to make use of their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time to the place of origin. This may also be directly to our supplier in China. The customer can do this, for example, by means of proof of shipment.

If the customer has not indicated after the terms mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal, and/or the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of their right of withdrawal, the maximum costs of return shall be at their expense.

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 that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur in accordance with the consumer’s specifications;

2. that are clearly of a personal nature;

3. that cannot be returned due to their nature;

4. that can spoil or age quickly;

5. for which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

6. for individual newspapers and magazines;

7. for audio and video recordings and computer software of which the consumer has broken the seal;

8. for hygienic products of which the consumer has broken the seal.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract from the day the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

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.

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;

• the defectiveness is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take 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 company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from the stated delivery times. Exceeding a delivery term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract entered into for a definite period and which involves the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

• at any time, without being limited to termination at a specific time or during a specific period;

• at least in the same manner as they entered into the agreement;

• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A contract entered into for a definite period and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a contract entered into for a definite period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, if the consumer can terminate this extended contract toward the end of the extension with a notice period of no more than one month.

A contract entered into for a definite period and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract involving the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.

A contract with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

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. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

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

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

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

In case of complaints, the consumer must first turn to the entrepreneur.

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

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating 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 on a durable data carrier in an accessible manner.

Article 17 – Amendments to the General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the understanding that in the case of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.