general terms and conditions

general terms and conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Marley Intimates

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 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Complaints procedure

Article 16 - Disputes

Article 17 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

  1. Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
  3. Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day : calendar day;
  5. Digital content : data produced and supplied in digital form;
  6. Duration contract : a contract aimed at the regular delivery of goods, services and/or digital content over a specific period;
  7. Durable medium : any instrument - including email - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
  8. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
  9. Business : the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
  10. Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
  11. Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal in respect of his order;
  12. Distance communication technology : means that can be used to conclude an agreement without the consumer and the trader having to be in the same place at the same time.

Article 2 - Identity of Marley Intimates

Marley Intimates

Holterweg 93B

7429AE Colmschate

Chamber of Commerce number: 72619643

VAT identification number: NL002413351B57

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from Marley Intimates and to every distance contract concluded between Marley Intimates and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Marley Intimates will indicate before the distance contract is concluded how the general terms and conditions can be viewed at Marley Intimates and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
  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 accordingly and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Marley Intimates uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on Marley Intimates.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, Marley Intimates will immediately confirm receipt of acceptance electronically. As long as Marley Intimates has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
  3. If the agreement is concluded electronically, Marley Intimates will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Marley Intimates will implement appropriate security measures.
  4. Marley Intimates may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Marley Intimates has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
  5. Marley Intimates will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
  6. the visiting address of the Marley Intimates branch where consumers can go with complaints;
  7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the price inclusive of all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

  1. The consumer can cancel a product purchase agreement within 14 days without giving any reason. Marley Intimates may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
  2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Marley Intimates may refuse an order for multiple products with different delivery times, provided it has clearly informed the consumer of this prior to the ordering process.
  4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
  5. for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer can cancel a service agreement or a contract for the delivery of digital content not delivered on a tangible medium within 14 days without giving any reason. Marley Intimates may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
  2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:

  1. If Marley Intimates has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
  2. If Marley Intimates has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer 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 its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if Marley Intimates has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify Marley Intimates of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Marley Intimates. This is not necessary if Marley Intimates has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Marley Intimates.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If Marley Intimates has not informed the consumer that these costs must be borne, or if Marley Intimates indicates that it will bear the costs itself, the consumer does not have to bear the return costs.
  6. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
  7. he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
  8. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
  9. Marley Intimates failed to confirm this consumer statement.
  10. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of Marley Intimates upon revocation

  1. If Marley Intimates makes it possible for the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
  2. Marley Intimates will reimburse all payments made by the consumer, including any delivery costs charged by Marley Intimates for the returned product, without delay, but within 14 days of the day on which the consumer notified them of the withdrawal. Unless Marley Intimates offers to collect the product itself, they may withhold reimbursement until they have received the product or until the consumer proves they have returned the product, whichever is earlier.
  3. Marley Intimates will use the same payment method the consumer used for refunds, unless the consumer agrees to a different method. Refunds are free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Marley Intimates is not obliged to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

Marley Intimates may exclude the following products and services from the right of withdrawal, but only if Marley Intimates has clearly stated this in the offer, at least in good time before the agreement is concluded:

  1. Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;

Article 11 - The price

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

Article 12 - Compliance with the agreement and additional warranty

Marley Intimates guarantees that the delivered products comply with the agreement, the stated specifications, and reasonable requirements of soundness and usability. Any additional warranty does not affect the consumer's statutory rights.

Article 13 - Delivery and execution

  1. Marley Intimates will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has provided to Marley Intimates.
  3. Subject to the provisions of Article 4 of these terms and conditions, Marley Intimates will fulfill accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge.
  4. After termination in accordance with the previous paragraph, Marley Intimates will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with Marley Intimates until the moment of delivery to the consumer or a previously designated representative made known to Marley Intimates, unless expressly agreed otherwise.

Article 14 - Payment

Payment must be made using the payment methods offered on the website during the ordering process. The order will only be processed after payment has been successfully completed.

Article 15 - Complaints procedure

  1. Marley Intimates has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints regarding the performance of the agreement must be submitted to Marley Intimates fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to Marley Intimates will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Marley Intimates will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. The consumer must give Marley Intimates at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 - Disputes

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

Article 17 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to cancel the agreement)

At:

Marley Intimates

Holterweg 93B

7429 AE Colmschate

info@marleyintimates.nl

I/We* hereby inform you that I/we* terminate our agreement concerning the sale of the following products: [product designation]*

the supply of the following digital content: [designation of digital content]*

the performance of the following service: [service designation]*,

revokes/revoked*

  • Ordered on*/received on* [date of ordering services or receiving products]
  • [Consumer name(s)]
  • [Consumer's address]
  • [Consumer(s) Signature] (only when this form is submitted on paper)
  • [Date]

* Cross out what does not apply or fill in what applies.