GENERAL TERMS & CONDITIONS

Marie-Stella-Maris Care B.V. (hereinafter also referred to as "we", "us" or "MSM")
Chamber of Commerce number: 58676597

Address: Generaal Vetterstraat 75E, 1059BT Amsterdam, The Netherlands

E-mail: customerservice@marie-stella-maris.com

Telephone: +31 (0)85 273 2828

1. APPLICABILITY

These terms and conditions apply to orders placed on www.marie-stella-maris.com (the "Website") by consumers residing in the EU and the use of the Website. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. A consumer placing an order on the Website and/or user of the Website will hereinafter also referred to as "customer" or "you".

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. For orders placed on the Website, the version of these terms and conditions available on the Website at the time the agreement is concluded shall apply, which must be expressly accepted when placing an order.

These terms and conditions are available and can be downloaded here.

2. ORDERS ON THE WEBSITE

2.1 Who can order

To place an order on the Website, you must be at least 18 years old, a consumer and not a professional reseller

2.2 How to order

We require you to provide us with an e-mail address to place an order. You may need to set your browser to accept cookies and pop-ups in order to be able to use all the functionalities of the Website such as adding items to your shopping cart and submitting your order. For more information we refer to our Privacy and Cookie Policy.

A sales contract is concluded through offer and acceptance. Our presentation and advertising of products on the Website does not constitute a binding offer to enter into a sales contract, but merely an invitation to you to make a purchase offer. When you submit an order on the Website you make a binding offer to purchase the products in your shopping cart. The sales contract, containing these terms and conditions, between you and us (the "Contract") comes into effect once we accept your order. We accept your order by sending you an email confirming your order and that the products have been shipped ("Order Confirmation"). We recommend you to print or download a copy of these terms and conditions and the Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the 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 ordered product(s) We expressly reserve the right not to accept your order, for example in case of technical errors, concerns of misuse or fraud, or if we are unable to confirm or receive your payment.

We also reserve the right to cancel a Contract by electronic written notice to you, stating the reason for cancellation where applicable, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract, except where required by applicable consumer protection laws (such as damage or costs resulting from our intent or our gross negligence), and only in the following specific situations and to the extent permitted under applicable consumer law:

- the product is unexpectedly not available or not in stock due to an unforeseen inventory error, of which we will inform you without undue delay;

- 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 and you have not responded within reasonable time after our payment reminder;

- we have reason to believe you are under 18;

- we have reason to believe that you are a professional reseller, contrary to the intended personal use of our products as stated in these terms and conditions;

- we could not deliver to the address provided by you despite reasonable attempts or inability to reach you;

- due to an Event Outside Our Control (see art. 10 below);

- there was an obvious and recognizable error in the displayed price, product description or other information on the Website that a reasonable consumer could have identified.

3. PRICE/PAYMENT

3.1 Payment methods

We generally accept the following payment methods for online orders:

- iDEAL

- Klarna

- Apple Pay

- Maestro

- Visa

- MasterCard

- UnionPay

- Paypall

- Google Pay

- Bankcontact

- Sofort

Please check the available payment methods for your country in the footer on the homepage of the Website. We do not accept any method of payment other than those listed. Any attempt to pay using an unlisted method is at your own risk. We are not liable for any loss of funds or damages resulting from such actions (except where required by applicable consumer protection laws).

Orders may also be paid (in whole or in part) using valid gift cards. Please refer to Article 8 below for the applicable terms and conditions relating to gift card use.

3.2 Payment processing

If you pay by credit or 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) once your payment has been received. Please note that bank transfers may take several days to process. 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 not 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 on a DDP (Delivery Duty Paid) basis will incur relevant import duty and tax. These costs are included in the final purchase price. For orders to countries served on a DDU (Delivery Duty Unpaid) basis, your purchase price includes the price of the products and shipping costs only. Any import duties, customs fees or taxes may be charged to you separately and directly by the delivery carrier or your local customs authority. These costs are not included in our pricing. Please check with your local customs authority before completing your purchase.

3.4 Total price

The total price specified in the final checkout screen include all applicable taxes (such as VAT) and shipping costs. This total amount will be confirmed in your 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 appear in your local currency on your payment statement issued by your bank or card provider. If your local currency is different from the currency in which the prices are displayed, your bank or card issuer will apply the exchange rate applicable on the date of purchase. Please note that your bank may use its own exchange rate and/or charge additional fees, which are beyond our control.

When baying by bank transfer, please transfer only the exact amount specified on the Order Confirmation. Each order must be paid separately, 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 on the Website 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 under Shipping and Returns for available delivery times and methods. Generally, delivery takes place the next day for orders placed before 11:59 PM, unless otherwise stated during the checkout process. The specific delivery times and methods are listed clearly in the ordering process before you finalize your order. We make every effort to deliver your products on time. However, it is possible in some cases that due to unforeseen circumstances the delivery is delayed. 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 ordering and delivery 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

5.1 Shipping

See the FAQ section of the Website under Shipping and Returns for the shipping rates per country. If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive free delivery of your order. See the FAQ section of the Website under Shipping and Returns for the applicable threshold amounts and free delivery.

6. RETURNS & CANCELLATIONS

6.1 Canceling order 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 in your personal account and/or your shipment notification e-mail. If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting our call center via +31 (0)85 273 2828 (see Order status section in your personal account). 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 - defectives

The products delivered by us are subject to the statutory warranty provisions under Dutch law (as laid down in Article 7:17 of the Dutch Civil Code). This means that all products purchased by consumers must conform to the contract and perform as the consumer may reasonably expect based on the nature of the product and the information provided.

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. Please notify us within a reasonable time after you notice the defect. Failure to notify us within a reasonable time after discovery of the defect may result in the loss of your right to return the product or claim a remedy. A notice within two months will in any case be considered timely This does not affect your statutory rights. In the event your claim is justified (and repair or replacement of the product(s) is not possible or cannot be reasonably expected of), the purchase price and the shipping costs will be refunded. In such case, we will also cover the cost of returning the product(s). You must return the product(s) without undue delay and in any event not later than 14 days from the day following notice of withdrawal. 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 satisfied with the products you ordered, you may withdraw your purchase contract and return the products delivered to you within 14 calendar days after the product is delivered, without giving us any reason. To exercise the right of withdrawal, you must inform us (Marie-Stella-Maris Care B.V., Generaal Vetterstraat 75E, 1059BT Amsterdam, +31 (0)85 273 2828, customerservice@marie-stella-maris.com) of your decision to withdraw from your contract by an unequivocal statement (e.g. by e-mail) via the return portal https://msm.returnista.nl/. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You may inspect and handle the product to the extent necessary to establish its nature, characteristics and functioning - as you would in a physical store. You are liable for any diminished value of the goods resulting from handling beyond what is necessary for this purpose. We kindly ask you to return the products, if possible, in their original packaging. We will process your refund once we have received all returned products in good condition and complete. For hygiene-sensitive products (such as cosmetics and personal care products), your right of withdrawal lapses when the seal is broken.

For practical return instructions, see the Returns section of our Website.

We will refund all payments received, including the costs of delivery (excluding any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days after you inform us of the withdrawal. We may withhold reimbursement until we have received the returned goods or you have provided proof of return, whichever comes first. For information on refunds, see art 6.5 below.

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. If your product is defective or not in conformity with your order, you may be entitled to repair or replacement instead of a refund. In all other cases, you may place a new order on the Website if you wish to receive a different product.

6.5 Refund information

Refunds will be issued within 14 days you have informed us of your decision to withdraw, using the original form of payment. We may withhold the refund until we have received the returned goods or you have provided proof of return, whichever is earlier. In case of a justified return due to a defective or non-conforming product, we will refund the purchase price (and shipping costs) within a reasonable period after the product has been returned and assessed. Where appropriate, we may first offer repair or replacement. If you paid via bank transfer, please provide your bank details to Customer Service when you initiate the return so that we can refund the money directly to your account. If you paid with Maestro and did not fill in the 'issue number' or 'start date' field during checkout, this may delay the processing of your refund. In such case, we may contact you to request the necessary payment information to complete the refund.

In the event you return products for reasons other than defectiveness or non-conformity with your order, you will have to bear the direct cost of returning the products.

For practical information on how to return and for refund timelines, see the Returns section of the Website. Please follow the directions carefully in order to prevent unnecessary delay.

6.6 Risk of return shipment

In case of a return due to a defective or non-conforming product (Article 6.2 above), we will bear the cost and risk of return shipment, unless damage results from inadequate packaging or mishandling on your part.

If you return a product under your right of withdrawal (Article 6.3 above), you are responsible for ensuring that the product is returned to our distribution center. This means that if the returned product is lost or damaged during transport, and you cannot provide proof of dispatch or adequate packaging, you may not be entitled to a refund. The burden of proof that a product is delivered to us lies with you. We recommend using a trackable shipping method and keeping the proof of shipment.

7. LIABILITY

7.1

If MSM fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a direct result of a breach of these terms and conditions attributable to us or our negligence.

7.2

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, except in case of the circumstances described in Article 7.5 below or our failure to meet reasonable security standards.

7.3

In the event you have suffered damages as a result of your use of products ordered on the Website, our liability will be limited to:

a) damage to the MSM products or to other property;

b) reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);

c) reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).

except in case of the circumstances described in Article 7.5 below.

Nothing in this clause limits or excludes our liability for death or personal injury or damage to a personal product above EUR 500 caused by a defective product.

7.4

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 this clause limits or excludes our liability in case of the circumstances described in Article 7.5 below, for death or personal injury or damage to a personal product above EUR 500 caused by a defective product.

7.5

Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, intent or gross negligence, or any other liability that cannot be excluded or limited by Dutch consumer law.

7.6

To the extent permitted by law and except in case of the circumstances described in Article 7.5 above, 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.

7.7

You agree not to use the Website only for domestic and private purposes. We are not liable for business-related losses such as lost profits, business interruptions or loss of business opportunities. This does not affect your statutory consumer rights.

8. GIFT CARD TERMS & CONDITIONS

8.1 Gift cards may be used for online and in-store purchase.

8.2 All gift cards are valid for two years.

8.3 Gift cards can be redeemed against all purchases.

8.4 Gift cards can be loaded with any value between 10 and 150 Euros.

8.5 Gift cards are non-transferable and may not be returned or redeemed for cash, except where required by law (e.g. right of withdrawal within 14 days for online purchased and unredeemed gift cards).

8.6Ifyour order total is less than the value of the gift card, the remaining balance will stay on the same gift card (or be transferred to a new gift card, if applicable), and can be used for future purchases.

8.7 All remaining balances exceeding the value of your gift credit or store credit must be paid using one of the accepted payment methods available at checkout.

8.8 If you return products you have purchased using a gift card, the refunded amount will be returned to your gift card (or a new gift card, if applicable). If you paid partly with a gift card and partly with another payment method, the refund will be split accordingly: the amount paid with the gift card will be returned to the gift card, and the remainder will be refunded using the same method you originally used.

8.9 Marie-Stella-Maris is not responsible if a gift card is lost, stolen, destroyed or used without permission, unless this is attributable to our own fault or negligence.

9. INTELLECTUAL PROPERTY RIGHTS

9.1

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.

9.2

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.

9.3

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.

9.4

MSM's status as the owner of content on the Website must always be acknowledged.

9.5

You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from MSM.

9.6

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. USER GENERATED CONTENT

10.1

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.

10.2

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.

10.3

MSM is not under a general obligation to monitor or review User Generated Content, such as customer reviews. However, MSM provides a notice-and-action mechanism that allows users or others to report unlawful or inappropriate content. MSM will assess such notices promptly and inform the notifier of the decision taken, including the reasoning behind it, where required by law. For more information, please refer to our Review Policy.

10.4

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 hosting service and does not actively monitor or control such content. MSM is not responsible for the opinions or information expressed in User Generated Content and assumes no liability for such content, unless MSM is made aware of unlawful content and fails to act in accordance with applicable law.

10.5

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. For more information on how reviews are handled, moderated, and how to report illegal content, please refer to our Review Policy, available here.

10.6

MSM is not obliged to respond to or use any User Generated Content submitted on the Website. However, if you believe that content, such as reviews, posted by other users is unlawful or violates our policies, you can submit a notice through our designated notice-and-action procedure. MSM will respond to such notices in accordance with applicable law and its Review Policy.

10.7

User Generated Content, such as customer reviews, is provided by users and does not reflect the opinion of MSM. Any reliance on such content is at your own discretion and risk. This does not affect MSM's legal obligations regarding the accuracy of its own product information or any rights you may have under applicable consumer law.

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. If you are a consumer residing in another EU member state, this choice of law does not affect the protection you are entitled to under mandatory consumer protection provisions of the law of your country of residence. Any dispute shall be submitted to the relevant Court in Amsterdam, The Netherlands, unless mandatory law provides otherwise.

12. AVAILABILITY ON THE WEBSITE

We strive to ensure that the Website and its content are available and function properly. However, we do not guarantee uninterrupted access at all times. Access may be suspended, withdrawn, or changed for maintenance or other reasons without prior notice.
We are not liable for temporary unavailability or interruptions, unless caused by our intent or gross negligence, or if otherwise required by applicable law.

13. YOUR ACCOUNT AND PASSWORD

13.1

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.

13.2

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these general terms and conditions.

13.3

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, customerservice@marie-stella-maris.com.

14. LINKED SITES

The Website may contain links to third-party websites that may be of interest or informative to users. Such links are provided for informational purposes only. MSM is not responsible for the content of the websites referred to, nor for any use made of them....

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

16.1

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 terms and conditions.

16.2

You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

16.3

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.

16.4

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.

17. EVENTS OUTSIDE OUR CONTROL

17.1

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.

17.2

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 the purchase contract with you and 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.

17.3

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 Article 6 above. If an Event Outside Our Control continues for more than 20 weeks and it becomes permanently or unreasonably impossible for us to fulfil the contract, MSM reserves the right to cancel the contract. In that case, we will notify you in writing and refund all amounts paid for undelivered products. This does not affect your statutory rights.

17.4

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, unless such damage is caused by our intent, gross negligence, or failure to comply with applicable legal obligations.

18. CONTACT AND COMPLAINTS

18.1

Marie-Stella-Maris Care B.V. is registered with the Dutch Chamber of Commerce under number 58676597 and has its registered office at Generaal Vetterstraat 75E, 1059 BT Amsterdam, the Netherlands.

18.2

For all correspondence and complaints regarding the Website, your order or these general terms and conditions, you may contact us at the above address, by email at customerservice@marie-stella-maris.com, or by telephone via +31 (0)85 273 2828 (available on weekdays from 09.00 to 17.00). You may also use the online contact form available at https://marie-stella-maris.com/pages/contact.

18.4

We aim to respond to enquiries and complaints within five 1-2 working days. If a complaint requires more time to investigate, we will notify you and indicate when you can expect a more detailed response. We strive to resolve all complaints in a fair and satisfactory manner.

Last updated May 2025