Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Dermination period: the period within which the consumer can exercise his 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 trader;

Day: calendar day;

Duration 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 medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for consumers to waive the distance contract within the cooling-off period;

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

Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Le Marais

Morenstraat 11, 6212GE Maastricht

E-mail address: info@lemarrais.nl

Company number: 74449710

Btw-identificatienummer: NL859905196B01

Article 3 - Applicability

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These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the remote agreement is concluded, the text of these general terms and conditions shall 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 are available for inspection at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

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

If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general conditions should be judged "in the spirit" of these general conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our 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 period of validity 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. Operator cannot guarantee that the colors displayed will exactly match the true colors of the products.

Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. In particular, this concerns:

the price including taxes;

any costs of shipment;

the manner in which the agreement will be brought about and what actions are necessary to do so;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

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

whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;

the way in which the consumer, before the conclusion of the agreement, can check the data provided by him under the agreement and, if desired, restore them;

the possible other languages, besides Dutch, in which the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of an endurance transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The agreement

The agreement comes about, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall 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 - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

The entrepreneur will include with the product or service to the consumer 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:

a. the visiting address of the trader's establishment where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. The information on warranties and existing after-purchase service;

d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

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

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

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When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 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 reflection period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he 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.

When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. Notification should be made by the consumer through a written message/email. After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in a timely manner, for example through proof of shipment. It is also recommended that the package be sent insured. In accordance with the return policy, no refunds will be given for packages lost during return shipping.

If, after the expiration of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his desire to exercise his right of withdrawal and has not returned the product to the entrepreneur, the purchase is a fact.


In the event that you, the customer, decide to return a product, it is strongly recommended that this shipment be sent by registered mail. This allows you to track the shipping process and obtain proof of shipment. The customer bears full responsibility for the return shipment until it is received by us. This means that all risks associated with shipping, including but not limited to loss, theft or damage to the returned product, are the responsibility of the customer.

We are not responsible for returns that do not reach us or that arrive damaged. If a return is lost or damaged and the customer cannot provide proof of shipment or other evidence that the product was actually shipped to us, we reserve the right not to accept the return and not issue a refund.

We strongly recommend that you choose an insured and trackable shipping method to protect your rights as a consumer. Please keep your shipping receipt until your return is received and processed by us.

It is the customer's responsibility to bear the cost of return shipping unless otherwise agreed or unless the product was delivered defective or not as described.

Article 7 - Costs in case of withdrawal

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If the consumer exercises his right of withdrawal, the costs of returning the products are to be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

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

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

a. brought about by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. which by their nature cannot be returned;

d. Which may spoil or age quickly;

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

f. For single newspapers and magazines;

g. for audio and video recordings and computer software for which the consumer has broken the seal.

h For hygienic products whose seal has been broken by the consumer.

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

a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;

c. Regarding betting 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.

Contrary to 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 bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.

Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are permitted only if the entrepreneur has stipulated it and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

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

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

Article 10 - Conformity and Guarantee

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The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

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

Any defective 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 himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is entirely or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

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The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated about this in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of any return shipment shall be 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 made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and renewal

Opzegging

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.

The consumer may terminate a fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

cancel at any time and not be limited to cancellation at a particular time or period;

at least terminate in the same manner as they were entered into by him;

always terminate with the same notice as the entrepreneur has stipulated for himself.

Verlenging

An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.

Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duur

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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Where not otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of a contract to provide a service, this period begins after the consumer receives the confirmation of the contract.

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

In case of default of 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

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

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice 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 amenable to the dispute resolution procedure.

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 his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, Dutch law applies exclusively. Even if the consumer is resident abroad.