GENERAL TERMS AND CONDITIONS
Marie-Stella-Maris Retail B.V.,
Chamber of Commerce number 58676597.
These terms and conditions apply to orders placed on www.marie-stella-maris.com (the "Website") by consumers worldwide.Please ensure that you carefully read these terms and conditions. It is important that you regularly check for updates. We reserve the right to update these terms and conditions from time to time.
2. ORDERS ON THE WEBSITE
2.1 Who can order
To place an order on the Website, you must be:
- at least 16 years old;
- a consumer and not a professional reseller
2.2 How to order
2.3 Our right to reject your order or cancel a Contract.
Fulfillment of an order through the Website is subject to availability of the Product or Service. We expressly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract:
- the product is not available or not in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 12 calendar days after acceptance of your order;
- we have reason to believe you are under 16;
- we have reason to believe that you are a reseller;
- there was an error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see art. 10 below); or
- in the event of misspelling, pricing or other errors or mistakes in the Website information.
3.1 Payment methods
Please check the available payment methods for each country under the heading Payment Methods of the Website. We do not accept any method of payment other than those listed. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
3.2 Payment processing
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer, we will start delivery (or manufacturing in the case of customized products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified. We retain title in any product(s) until we have received full payment for such product(s).
3.3 Prices and currency
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT) unless you have selected an alternative country where VAT is still chargeable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the Shipping section of the Website. Prices are quoted in Euro unless expressly stated that the price is in another local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing and/or VAT.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
3.4 Total price
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.
3.5 Price changes
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
4. SHIPPING & DELIVERY
4.1 Delivery - where and when
In the Netherlands we deliver products from Monday to Saturday. For countries other than the Netherlands we deliver from Monday to Friday. We do not ship on certain public holidays. Please refer to the FAQ section of the website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the countries section of the website.
4.2 Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
5. SHIPPING RATES
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive 'standard delivery'. See the FAQ section of the Website for threshold amounts and their corresponding discounted delivery rates.
6. RETURNS & CANCELLATIONS
6.1 Cancelling orders before delivery
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the Order status link on the Website. If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting our call centre (see Order status section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
6.2 Returning orders after delivery - defects
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Returns section of the Website.
6.3 Exercising your right of withdrawal
If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 14 calendar days after the product is delivered, without giving us any reason, as long as:
- the products are unopened and not used in any way;
- the product is complete and you return in or together with the original packaging, foils etc..
- the product is not tampered with or otherwise changed.
For information on refunds, see Art 6.5 below. For practical information on how to return, see the Returns section of the Website. If you inform us that you wish to return a product, we shall reimburse to you all payments received (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal.
6.4 Product exchange
Product exchanges are currently not possible, but you do have the option of returning your product(s). See art 6.2 and 6.3 above. For information on refunds, see art 6.5 below. In order to get another product, you will have to place a new order on the Website.
6.5 Refund information
Refunds will be issued within 14 days after receipt by MSM of the returned product, based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. For practical information on how to return and for refund timelines, see the Returns section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay. If you paid with Maestro and did not fill in the 'issue number' or 'start date' field during checkout, we will not be able to process your return and/or grant you a refund.
6.6 Risk of return shipment
If you return a product under art. 6.2 - 6.5 you are responsible for shipping the product to our distribution centre. In case we do not receive the product, we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the company used for shipping.
If MSM fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can't be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
- damage to the MSM products or to other materials;
- reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
- reasonable and demonstrable costs incurred by you to prevent or reduce the damage under 9.3 a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. GIFT CARD TERMS & CONDITIONS
Gift cards may be used for online and in-store purchase.
All gift cards are valid indefinitely.
Gift cards can be redeemed against all purchases.
Gift cards can be loaded with any value between 10 and 200 Euros.
Gift cards are non-transferable and may not be returned or redeemed for cash.
If your order total is less than the value of the gift card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
If you return products you have purchased using a gift card, the refunded balance will be credited to your account as store credit and will be redeemable against subsequent orders.
Marie-Stella-Maris is not responsible if a gift card is lost, stolen, destroyed or used without permission.
9. INTELLECTUAL PROPERTY RIGHTS
MSM owns all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright, design and trademark laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
MSM's status as the owner of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from MSM.
If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. USED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter "User Generated Content"), on the Website, or if you send such User Generated Content through the Website to MSM, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to MSM. To the extent such transfer is not valid, you grant to MSM, by submitting the User Generated Content to MSM, a worldwide, non-exclusive, fully paid, perpetual, royalty-free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
You warrant that any User Generated Content or other information which you send to the Website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
MSM does not, and you agree that MSM has no obligation to, review the User Generated Content, that MSM is not in any manner responsible for User Generated Content.
You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, MSM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
Notwithstanding the foregoing, you acknowledge and agree that MSM has the absolute right to monitor User Generated Content posted to the Website in its sole discretion.
You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify MSM in writing of any objectionable content appearing on the Website.
Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk.
11. APPLICABLE LAW
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Dutch law. Any dispute shall be submitted to the relevant Court in Amsterdam, The Netherlands.
12. AVAILABILITY ON THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
13. YOUR ACCOUNT AND PASSWORD
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Consumer Services at MSM, firstname.lastname@example.org.
14. LINKED SITES
The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.
15. VARIATION OF GENERAL CONDITIONS
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.
Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We will not file a copy of the contract between us.
17. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under art. 7. We will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with our cancellation rights in art. 2.
Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.