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Terms and Conditions

General Terms and Conditions

When placing an order and accepting these General Terms and Conditions, you enter into an agreement with Atelier MAYÉ, whose registered office and business address are at Spirealaan 82, 7101 XV Winterswijk, the Netherlands, and which is registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 88083322. www.moesengriet.nl is part of Atelier MAYÉ.

Below you will find our General Terms and Conditions. These terms apply whenever you use or place an order through one of our websites and contain important information for you as a customer. Please read these General Terms and Conditions carefully. We also recommend that you save or print them so that you can consult them again at a later date.

Definitions

  1. Atelier MAYÉ: The business whose registered office and business address are at Spirealaan 82, 7101 XV Winterswijk, the Netherlands, registered with the Dutch Chamber of Commerce under number 88083322 and operating under the name Atelier MAYÉ.

  2. Website: The website on which you create an account or place an order.

  3. Customer: A natural person acting outside the course of their trade, business, craft or profession who enters into an agreement with Atelier MAYÉ and/or registers on the website.

  4. Agreement: Any arrangement or agreement between Atelier MAYÉ and the customer, of which these General Terms and Conditions form an integral part.

  5. General Terms and Conditions: These General Terms and Conditions.

Applicability of the General Terms and Conditions

  1. These General Terms and Conditions apply to all offers, agreements and deliveries made by Atelier MAYÉ, unless expressly agreed otherwise in writing.

  2. If the customer includes provisions or conditions in an order, confirmation or acceptance notice that differ from or are not included in these General Terms and Conditions, such provisions or conditions shall only be binding on Atelier MAYÉ if and to the extent that Atelier MAYÉ has expressly accepted them in writing.

  3. If specific product or service terms also apply in addition to these General Terms and Conditions, those terms shall also apply. However, in the event of conflicting provisions, the customer may rely on the applicable provision that is most favourable to them.

Prices and Information

  1. All prices stated on the website and in other materials provided by Atelier MAYÉ include VAT and any other government-imposed charges.

  2. If shipping costs apply, these will be clearly stated in good time before the agreement is concluded. Such costs will also be shown separately during the ordering process.

  3. The content of the website has been compiled with the utmost care. However, Atelier MAYÉ cannot guarantee that all information on the website is accurate and complete at all times. All prices and other information on the website and in other materials provided by Atelier MAYÉ are therefore subject to obvious programming and typographical errors.

  4. Atelier MAYÉ cannot be held responsible for colour differences resulting from variations in screen quality.

Formation of the Agreement

  1. The agreement is concluded when the customer accepts Atelier MAYÉ's offer and fulfils the conditions set by Atelier MAYÉ.

  2. If the customer accepts the offer electronically, Atelier MAYÉ will promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed, the customer may cancel the agreement.

  3. If it becomes apparent that incorrect information was provided by the customer when accepting the offer or otherwise entering into the agreement, Atelier MAYÉ is entitled to suspend performance of its obligations until the correct information has been received.

  4. Within the limits of applicable law, Atelier MAYÉ may verify whether the customer can meet their payment obligations and may also assess any facts and circumstances relevant to responsibly entering into the agreement. If this investigation gives Atelier MAYÉ reasonable grounds not to enter into the agreement, it is entitled to refuse an order or application, providing reasons, or to impose special conditions on performance, such as advance payment.

  5. Atelier MAYÉ reserves the right to refuse orders from customers acting in the course of their trade, business, craft or profession.

Registration

  1. To make optimal use of the website, the customer may register via the registration form or account registration facility on the website.

  2. During registration, the customer chooses a username and password to log in to the website after registering. The customer is responsible for choosing a sufficiently secure password.

  3. The customer must keep their login details, username and password strictly confidential. Atelier MAYÉ is not liable for misuse of login details and may assume that anyone logging in to the website using a customer's account is that customer. All activities carried out through the customer's account are the customer's responsibility and risk.

  4. If the customer knows or suspects that their login details have fallen into unauthorised hands, they must change their password as soon as possible and/or notify Atelier MAYÉ so that appropriate measures can be taken.

Performance of the Agreement

  1. Once Atelier MAYÉ has received the order, it will dispatch the products as soon as possible, subject to paragraph 3 of this Article.

  2. Atelier MAYÉ is entitled to engage third parties to fulfil its obligations arising from the agreement.

  3. The website will clearly state, in good time before the agreement is concluded, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, the products will in any event be delivered within 40 days.

  4. If Atelier MAYÉ cannot deliver the products within the agreed period, it will inform the customer. The customer may then agree to a new delivery date or cancel the agreement free of charge.

  5. Atelier MAYÉ recommends that the customer inspect the delivered products and report any defects found within 10 days, preferably in writing or by email. See the Article on Warranty and Conformity for further details.

  6. Once the products to be delivered have been delivered to the specified delivery address, the risk relating to those products passes to the customer. If expressly agreed otherwise, the risk may pass to the customer earlier. If the customer chooses to collect the products, the risk passes upon handover of the products.

  7. If an ordered product is no longer available, Atelier MAYÉ will, at the customer's request, propose a similar product of comparable quality. Once the customer has received this product, they are entitled to cancel the agreement free of charge and return the product free of charge.

Right of Withdrawal

  1. The customer has the right to withdraw from the distance contract with Atelier MAYÉ within 14 calendar days of receiving the product, without giving any reason and free of charge. The period begins:

    • on the day after the customer, or a third party designated by the customer other than the carrier, receives the product;

    • if the customer has ordered several products in one order, on the day the customer, or a third party designated by the customer, receives the last product;

    • if a product is delivered in several shipments or parts, on the day the customer, or a third party designated by the customer, receives the last shipment or part;

    • in the case of contracts for the regular delivery of products over a specified period, on the day the customer, or a third party designated by the customer, receives the first product.

  2. The direct costs of returning the product are borne by the customer. The customer must therefore pay the return shipping costs. If these costs exceed the standard postal rate, Atelier MAYÉ will provide an estimate of the costs.

    Any shipping and payment costs paid by the customer for delivery of the product to the customer will only be refunded if the entire order is returned.

  3. During the withdrawal period referred to in paragraph 1, the customer must handle the product and its packaging with care. The customer may open the packaging and use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that this inspection must not go beyond what the customer would be permitted to do in a physical shop.

  4. The customer is only liable for any reduction in the product's value resulting from handling the product in a way that goes beyond what is permitted under the previous paragraph.

  5. The customer may withdraw from the agreement within the period specified in paragraph 1 by sending a return notification to Atelier MAYÉ or by otherwise clearly informing Atelier MAYÉ that they wish to cancel the purchase. In the case of an electronic notification, Atelier MAYÉ will confirm receipt. After withdrawal, the customer has a further 14 days to return the product. The customer may also return the product directly within the withdrawal period specified in paragraph 1, provided that an email of withdrawal or another unequivocal statement of withdrawal is enclosed.

Once registered, products may be returned to the following address:

(Please include the packing slip, if possible.)

Atelier MAYÉ (Moes & Griet)
Buys Ballotstraat 13
7102 EA Winterswijk
The Netherlands

  1. Amounts already paid by the customer, including advance payments, will be refunded as soon as possible and no later than 14 days after cancellation of the agreement, using the same payment method the customer used for the order.

If the customer chose a more expensive delivery method than the cheapest standard delivery option, Atelier MAYÉ is not required to refund the additional costs of the more expensive method.

Unless Atelier MAYÉ offers to collect the product itself, Atelier MAYÉ may wait to issue the refund until it has received the product.
7. The website will clearly provide information, in good time before the agreement is concluded, about whether the right of withdrawal applies and, where applicable, the procedure to be followed.

Payment

  1. The customer must make payments to Atelier MAYÉ using the payment methods specified during the ordering process and, where applicable, on the website. Atelier MAYÉ is free to choose which payment methods it offers, and these may change from time to time. Where payment is made after delivery, the customer has a payment period of 14 days starting on the day after delivery.

  2. If the customer fails to meet their payment obligations on time, Atelier MAYÉ will notify the customer of the late payment and grant them a further period of 14 days to fulfil their payment obligations. If payment is still not made within this 14-day period, the customer will owe statutory interest on the outstanding amount, and Atelier MAYÉ will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs are capped at:

    • 15% of outstanding amounts up to €2,500;

    • 10% of the next €2,500; and

    • 5% of the following €5,000,

    subject to a minimum of €40. Atelier MAYÉ may deviate from these amounts and percentages in the customer's favour.

Warranty and Conformity

  1. Atelier MAYÉ warrants that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the applicable laws and government regulations in force on the date the agreement is concluded. If expressly agreed, Atelier MAYÉ also warrants that the product is suitable for use other than its normal intended use.

  2. Any warranty provided by Atelier MAYÉ, the manufacturer or the importer does not affect the customer's statutory rights and claims under the agreement.

  3. If the delivered product does not conform to the agreement, the customer must notify Atelier MAYÉ of the defect within a reasonable period after discovering it.

  4. If Atelier MAYÉ considers the complaint justified, the relevant products will be repaired, replaced or refunded in consultation with the customer. The maximum refund will equal the price paid by the customer for the product. This Article does not prevent the customer from claiming any compensation for damages to which they may be entitled.

Force Majeure

Neither party is obliged to fulfil any obligation if prevented from doing so by force majeure. Force majeure includes strikes, weather conditions, illness, war or natural disasters, delays caused by suppliers of goods or services, transport problems resulting from a shortage of transport facilities, and government measures.

If the force majeure situation continues for more than 30 days, either party has the right to terminate the agreement in writing. The part of the order already performed will then be settled proportionately, and neither party will otherwise owe anything to the other.

Complaints Procedure

  1. If the customer has a complaint about a product (in accordance with the Article on Warranty and Conformity) and/or any other aspect of the services provided by Atelier MAYÉ, the customer may submit a complaint to Atelier MAYÉ by telephone, email or post. See the contact details at the end of these General Terms and Conditions.

  2. Atelier MAYÉ will respond to the complaint as soon as possible and, in any event, within 5 days of receiving it. If a substantive or final response is not yet possible, Atelier MAYÉ will acknowledge receipt of the complaint within 5 days and indicate the expected timeframe for providing a substantive or final response.

In the event of a complaint, consumers should first contact the business. If the online shop is affiliated with Stichting WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which offers free mediation. Check whether the online shop currently holds an active membership at https://www.webwinkelkeur.nl/leden/.

If no resolution is reached, the consumer may submit the complaint to the independent disputes committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both the business and the consumer agree to be bound by that decision. Fees apply for submitting a dispute to this committee and must be paid by the consumer to the relevant committee.

Complaints may also be submitted through the European ODR platform at http://ec.europa.eu/odr.

Personal Data

  1. Atelier MAYÉ processes the customer's personal data in accordance with the Privacy Policy published on the website (GDPR-compliant).

Final Provisions

  1. The agreement is governed by Dutch law, even if the customer enters into an agreement with Atelier MAYÉ from another country.

  2. Unless mandatory law provides otherwise, all disputes arising from the agreement will be submitted to the competent Dutch court in the judicial district where Atelier MAYÉ is established.

  3. If any provision of these General Terms and Conditions is found to be invalid, this will not affect the validity of the General Terms and Conditions as a whole. In such a case, the parties will establish one or more replacement provisions that reflect the intention of the original provision as closely as legally possible.

  4. In these General Terms and Conditions, the term “in writing” also includes communication by email and fax, provided that the identity of the sender and the integrity of the email can be sufficiently established.

Contact Details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.

Atelier MAYÉ (Moes & Griet)
Spirealaan 82
7101 XV Winterswijk
The Netherlands

[email protected]
+31 6 14343491

Chamber of Commerce (KvK): 88083322
VAT number: NL004536685B21