Terms and Conditions

General Terms and Conditions – neutral version

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 – Obligations of the consumer during the cooling-off period

Article   8 – The consumer exercising his right of withdrawal and the costs involved

Article   9 – Obligations of the entrepreneur in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Fulfilment and additional warranty

Article 13 – Delivery and execution

Article 14 – Continuing performance contracts: term, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as stated below:

1. Additional agreement: an agreement under which the consumer purchases products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the term within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes connected with his commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Continuing performance contract: an agreement relating to the regular delivery of items, services and/or digital content for a certain period of time;
7. Permanent data carrier: every resource – e-mail included – that enables the consumer or the entrepreneur to store information, addressed to him personally, in a way that makes it possible for that information to be consulted or used in the future for a period geared to the intended purpose of the information, and which makes unmodified reproduction of the stored information possible;
8. Right of withdrawal: the option for the consumer to cancel the distance agreement within the cooling-off period;
9. Entrepreneur: the natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, in the course of which up until the conclusion of the agreement only one or more technologies for distance communication are used;
11. Model form for withdrawal: the European form for withdrawal contained in Appendix I to these terms and conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Distance communications technology: means of communication that can be used to enter into an agreement without the consumer and entrepreneur physically meeting in the same room;

Article 2 – Identity of the entrepreneur

VOF Koene & Zn

Burgerweg 13

3155 DA

Maasland

Telephone number: +31 (0)85-4832403 (available by telephone on weekdays between 09:00 and 12:00)

E-mail: info@mandevillashop.com

Chamber of Commerce no. 24269427

VAT identification number: 804653380B01

If the activity of the entrepreneur is subject to a relevant licensing system: the

details about the supervisory authority;

In the event that the entrepreneur has a regulated profession:

• the professional organisation he is a member of;
• the professional title, the place in the EU or the EEA where this title is awarded;
• a referral to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 – Applicability

1. These general terms and conditions apply to all offers of the entrepreneur and to all distance agreements entered into between the entrepreneur and the consumer.
2. The wording of these general terms and conditions is made available to the consumer before the distance agreement is concluded. If this is not reasonably possible, the entrepreneur, before concluding the distance agreement, will indicate that the general terms and conditions are open for inspection at the entrepreneur’s offices, a copy of which will be sent on the request of the consumer, free of charge and within the shortest possible term.
3. In derogation from the previous paragraph, the wording of these general terms and conditions can be made available to the consumer electronically if the distance agreement is concluded electronically, before it is concluded, in a way that enables the consumer to easily save them to a permanent data carrier. If this is not reasonably possible, the consumer, before concluding the distance agreement, will be informed as to where the general terms and conditions can be inspected electronically, a copy of which will be sent on the request of the consumer, electronically or otherwise, free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and in the event of contradictions in the general terms and conditions, the consumer can at all times invoke the applicable provision most favourable to him.

Article 4 – The offer

1. If the term of validity of an offer is limited in time or subject to other conditions, the offer must explicitly state this.
2. The proposal contains a complete and accurate description of the products, digital content and/or services on offer. This description must be sufficiently detailed so as to enable the consumer to make a fair assessment of the offer. If the entrepreneur uses illustrations, they must be a true reflection of the products, services and/or digital content offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that clarifies to the consumer what his rights and obligations are in connection with accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is entered into from the moment of acceptance of the offer by the consumer and him meeting the conditions within that framework.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer, electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the safe transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur must have the appropriate safety measures in place.
4. Within the margins of the law, the entrepreneur may investigate as to whether the consumer will be able to meet his payment obligations, as well as inform himself of those facts and factors that have a bearing on the sound conclusion of the distance agreement. If based on this investigation the entrepreneur has valid grounds to decide against entering into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution thereof, supported by reasons.
5. No later than delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing, or in a way so that it can be stored by the consumer on a permanent data carrier:
6. the visiting address of the entrepreneur which the consumer can contact in the event of a complaint;
7. under which conditions and the manner in which the consumer can invoke the right of withdrawal or a clear notification that the right of withdrawal does not apply;
8. information on warranties and any after-sale service;
9. the price and all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
10. the requirements with regard to the termination of the agreement, if the term of the agreement is more than one year or for an indefinite period of time.
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the event of a continuing performance contract, the provision of the previous paragraph applies to the initial delivery only.

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days, without having to state the reasons. The entrepreneur can ask the consumer for his reasons to withdraw but the latter is not obliged to state those reasons.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party – who is not the transporter – appointed by the consumer in advance, has received the product, or:
3. if the consumer has ordered multiple products under the same order: the day on which the consumer, or a third party appointed by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery dates, provided he has clearly notified the consumer thereof prior to the ordering process.
4. if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party appointed by him, has received the last shipment or the last part;
5. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party appointed by him, has received the first product.

For services and digital content not delivered on a tangible carrier:

1. The consumer can during a period of at least 14 days, dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible carrier, without having to state the reasons. The entrepreneur can ask the consumer for his reasons to withdraw but the latter is not obliged to state those reasons.
2. The cooling-off period referred to in paragraph 3 starts on the day that follows the day on which the agreement is concluded.

Extended cooling-off period for products, services and digital content that is not delivered on a tangible carrier when the right of withdrawal is not mentioned:

1. In the event that the entrepreneur has not given the consumer the statutory information about the right of withdrawal or the model withdrawal form, the cooling-off period ends 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs in this article.
2. In the event that the entrepreneur has given the information referred to in the previous paragraph to the consumer within 12 months of the start date of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer has received that information.

Article   7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting principle is that the consumer can only handle and inspect the product as he would be allowed to in a shop.
2. The consumer is only liable for a reduction in the value of the product if it is the result of a way of handling the product that goes beyond what is allowed under paragraph 1.
3. The consumer is not liable for a reduction in the value of the product if the entrepreneur has not given him all statutory information about the right of withdrawal before or upon conclusion of the agreement.

Article   8 – The consumer exercising his right of withdrawal and the costs involved

1. When the consumer exercises his right of withdrawal, he will notify the entrepreneur thereof within the cooling-off period, using the model withdrawal form or another unambiguous method.
2. The consumer will return or hand over the product to (a representative of) the entrepreneur as soon as possible but within 14 days of the day of the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product. The consumer has, in any case, observed the return period when he returns the product before the end of the cooling-off period.
3. The consumer returns the product along with all accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions issued by the entrepreneur.
4. The risk and onus of proof for the correct and timely exercising of the right of withdrawal lie with the consumer
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer has to pay these costs or if the entrepreneur indicates to pay the costs himself, the consumer does not have to pay for the return of the product.
6. In the event that the consumer withdraws only after first having explicitly asked that the provision of the service or the supply of gas, water or electricity that have not been prepared for selling in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount equal to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to complete fulfilment of the commitment.
7. The consumer does not have to bear costs for the provision of services or the supply of water, gas or electricity that have not been prepared for selling in a limited volume or quantity, or the supply of district heating, if:
8. the entrepreneur has not given the consumer the statutory information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
9. the consumer has not explicitly asked for the provision of the service or supply of gas, water, electricity or district heating to commence during the cooling-off period.
10. The consumer bears no costs for the complete or partial delivery of digital content on an intangible carrier, if:
11. prior to delivery thereof, he did not explicitly agree with the performance of the agreement starting before the end of the cooling-off period;
12. he did not acknowledge to lose his right of withdrawal when granting his consent; or
13. the entrepreneur failed to confirm this statement from the consumer.
14. When the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. When the entrepreneur allows the consumer to announce his withdrawal electronically, he will send a confirmation of receipt immediately after receiving it.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product, he does not have to reimburse until he has received the product or until the consumer demonstrates he has returned the product, whichever is sooner.
3. To reimburse the consumer, the entrepreneur uses the same method of payment used by the consumer unless the consumer agrees with a different method. The consumer does not have to pay for the reimbursement.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for that more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal but only if the entrepreneur has clearly stated this in the offer, or has at least done so promptly before the conclusion of the agreement:

1. Products or services the price of which is subject to fluctuations in the financial market beyond the control of the entrepreneur and which may occur during the withdrawal period;
2. Agreements concluded at a public auction. Public auction is taken to mean a selling method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is or has the opportunity be at the auction in person, led by an auctioneer, and in the course of which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after complete performance of the service but only if:
4. the performance started with the consumer’s explicit prior consent; and
5. the consumer has declared he will lose his right of withdrawal as soon as the entrepreneur has performed the agreement in full;
6. Package tours as referred to in Section 7:500 of the Netherlands Civil Code and passenger transport agreements;
7. Service agreements for the availability of accommodation, if the agreement provides for a certain date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
8. Agreements with regard to leisure pursuits, when the agreement provides for a certain date or period of performance thereof;
9. According to specifications of products manufactured by the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
10. Perishable products or products with a limited shelf life;; Mandevillashop.com exercises a right of withdrawal as referred to in Article 6 ‘Right of withdrawal for products’. With any difference, a maximum cooling-off period of 7 days, due to the limited shelf life of the products.

1. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and the seal of which has been broken after delivery;
2. Products which, due to their nature, have permanently mixed with other products after delivery;
3. Alcoholic drinks the price of which was agreed upon conclusion of the Agreement but which cannot be delivered until 30 days later, and the true value of which depends on fluctuations on the market beyond the control of the entrepreneur;
4. Sealed audio and video recordings and computer software the seal of which has been broken after delivery;
5. Newspapers or magazines, with the exception of subscriptions thereto;
6. The delivery of digital content other than on a tangible carrier but only if:
7. the performance started with the consumer’s explicit prior consent; and
8. the consumer has declared he will lose his right of withdrawal as a result.

Article 11 – The price

1. During the term of validity referred to in the offer, the prices of the products and/or services offered will not be increased, except for changes in price as a result of changes in the VAT rates.
2. In derogation from the previous paragraph, the entrepreneur may offer products or services at varying prices if these products are linked to fluctuations in the financial market beyond the control of the entrepreneur. The fact that the product is subject to price fluctuations and the that some prices serve as recommended prices only must be stated in the offer.
3. Price increases within 3 months of the agreement having been concluded are allowed, subject to being the result of statutory regulations or provisions.
4. Price increases after 3 months of the agreement being concluded are allowed, subject to these increase being stipulated by the entrepreneur and:
5. subject to them being the result of statutory regulations or provisions; or
6. subject to the consumer being entitled to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices of products or services referred to in the offer are inclusive of VAT.

Article 12 – Fulfilment of the agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the specifications referred to in the offer, the reasonable requirements of reliability and usability and the statutory provisions and/or government regulations applicable on the day the agreement was formed. If so agreed, the entrepreneur further guarantees that the product is suitable for use other than normal use.
2. An additional warranty issued by the entrepreneur, his supplier, manufacturer or importing agent will never restrict the statutory rights and claims which the consumer may exercise towards the entrepreneur by virtue of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Additional warranty is taken to mean every commitment of the entrepreneur, his supplier, importing agent or manufacturer in which this person grants the consumer certain rights or claims that go beyond what he is obliged to by law in the event he has failed to fulfil his part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery will be the address the consumer has given the entrepreneur.
3. With due observance of the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, yet within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if a delivery cannot be executed or only partially, the consumer will be notified thereof within 30 days of placing the order. In that case, the consumer is entitled to dissolve the agreement without incurring costs and right to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. Until delivery to the consumer, or a representative designated by the consumer and communicated to the entrepreneur in advance, the risk of damage and/or loss of products rest with the entrepreneur unless otherwise agreed.

Article 14 – Continuing performance contracts: term, termination and extension

Termination:

1. The consumer can at all times terminate an agreement entered into for an indefinite period of time and which regulates the regular supply of products (including electricity) or services, with due observance of the agreed notice rules and a notice period of no more than one month.
2. The consumer can at all times terminate an agreement entered into for a fixed period of time and which regulates the regular supply of products (including electricity) or services with effect from the expiry of the definite term, with due observance of the agreed notice rules and a notice period of no more than one month.
3. With regard to the agreements referred to in the previous paragraphs, the consumer:
   • shall be able to terminate at all times and not be restricted to terminate at a certain time or within a certain period;
   • shall terminate in at least the same manner as he entered into the agreements;
   • shall at all times terminate with due observance of the same notice period the entrepreneur has stipulated for himself.

Renewal:

1. An agreement that has been entered into for a fixed period of time and which regulates the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time.
2. In derogation from the previous paragraph, a fixed-term agreement for the regular delivery of (daily and weekly) newspapers and magazines can be tacitly extended for a fixed period of three months, if the consumer can terminate this extended agreement at the end of the extension subject to a maximum notice period of one month.
3. An agreement that has been entered into for a fixed period of time and which regulates the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer can terminate at all times subject to a maximum notice period of one month. The notice period is no more than three months when the agreement pertains to the regular but less than monthly deliveries of (daily and weekly) newspapers and magazines.
4. An agreement with a limited term for the regular delivery of (daily and weekly) newspapers and magazines for introductory reasons (trial or introductory subscriptions) is not tacitly renewed and automatically ends at the end of the trial or introduction period.

Term:

1. If the term of an agreement exceeds a period of more than one year, the consumer may at all times terminate the agreement after one year subject to a maximum notice period of one month unless the principles of fairness and reasonableness oppose termination before the end of the agreed term.

Article 15 – Payment

1. Insofar as not stipulated otherwise in the agreement or additional conditions, the amounts payable by the consumer must be paid within 14 days of the start of the cooling-off period or, failing a cooling-off period, within 14 days of concluding the agreement. In the event of a service agreement, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the event of sales of products to consumers, the general terms and condition may never stipulate an advance payment of more than 50%. If payment in advance has been stipulated, the consumer will be unable to exercise any rights in respect of the execution of the relevant order or service or services, prior to the relevant advance payment having been effected.
3. The consumer is obliged to immediately notify the entrepreneur of any anomalies in the payment details that have been provided or stated.
4. In the event that the consumer fails to fulfil his payment obligation or obligations in time and after having been made aware of the late payment by the entrepreneur and the latter giving the consumer 14 days to fulfil his payment obligations after all, after which 14 days no payment is made, the consumer must pay the statutory interest on the outstanding amount, while the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to no more than: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, subject to a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and processes any complaints in accordance with this procedure.
2. Complaints with regard to the performance of the agreement must be described clearly and in full and promptly submitted to the entrepreneur after the consumer having identified the faults.
3. Complaints received by the entrepreneur are dealt with within 14 days of the complaint being received. In the event that a complaint takes longer to process than anticipated, the entrepreneur will respond within 14 days, sending a confirmation of receipt and an indication of when the consumer may expect a more detailed response.
4. The consumer must, in any case, allow the entrepreneur a minimum of 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
5. The consumer can contact the European Complaints Register (ODR) at any time: https://ec.europa.eu/consumers/odr/

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer which these general terms and conditions apply to are governed exclusively by Dutch law.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded, in writing, or otherwise stored on a permanent data carrier thereby providing the consumer access to it.