Terms of service

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information, which is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: an agreement where, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Le Marais B.V.

Branch address: Morenstraat 11, 6211GE Maastricht

Email address: info@lemarais.nl

Chamber of Commerce number: 74449710

Btw-identificatienummer: NL859905196B01

Article 3 - Applicability

1. These general terms and conditions apply to any offer made by the operator and to any distance contract concluded between the operator and consumers, including international transactions.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
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 it can be easily stored by the consumer on a durable data carrier.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the consumer may always rely on the provision that is most favourable to him in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced by mutual agreement with a provision that approximates the scope of the original as much as possible.
6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, such as:

the price (including taxes);

any shipping costs (including international shipping costs);

the method of formation of the agreement and the necessary acts;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the agreement;

the deadline for acceptance of the offer;

whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;

the other languages in which the agreement may be concluded;

any codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically;

the minimum duration of the distance contract in the case of a duration transaction.

1. Offers include specific information on international shipping costs, taxes and any import duties. Prices are displayed in euros with an option for conversion to local currency. Any conversion or acceptance costs are borne by the consumer.

Article 5 - The agreement

1. The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment.
4. The entrepreneur may - within legal frameworks - investigate whether the consumer can meet his payment obligations and other facts that are important for a responsible conclusion of the agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or to attach special conditions to the implementation.
5. The trader will include the following information, in writing or on a durable data carrier, with the product or service to the consumer:

the visiting address of the trader's establishment to which the consumer can address complaints;

the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

the information on guarantees and existing after-sales service;

the requirements for terminating the agreement if it has a duration of more than one year or indefinite duration;

other information as mentioned in article 4 paragraph 6, unless the entrepreneur has already provided it to the consumer.

1. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
2. Dutch law applies to international transactions (see also article 16). Disputes are in principle submitted to the competent court in the Netherlands, unless mandatory provisions in the consumer's country of residence stipulate otherwise.

Article 6 - Right of withdrawal

1. When purchasing products, consumers have the option of dissolving the agreement within 14 days without giving reasons. This cooling-off period starts the day after the consumer receives the product.
2. During the withdrawal period, the consumer will treat the product and its packaging with care. If the consumer exercises the right of withdrawal, he will return the product with all delivered accessories, if reasonably possible in the original state and packaging, in accordance with the entrepreneur's reasonable and clear instructions.
3. Within 14 days of receiving the product, the consumer must notify that he wishes to exercise his right of withdrawal, preferably by e-mail. The consumer must then return the product within 14 days of this notification.
4. If, after the expiry of the periods mentioned in paragraph 3, the consumer has not expressed his wish to exercise the right of withdrawal or the product has not been returned, the purchase is final.
5. Additional conditions may apply to international returns; these will be clearly communicated prior to purchase. Any customs or shipping costs for returns are the responsibility of the consumer.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the cost of returning the product will be at his expense.
2. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation, on condition that the product has been received back by the entrepreneur or conclusive proof of complete return can be presented.
3. The consumer is advised to send the return insured. Until the moment of actual delivery to the entrepreneur, the returned product is at the consumer's risk.
4. If the returned shipment is lost or damaged during transport before it is delivered to the entrepreneur, the entrepreneur cannot issue a refund of the purchase price, as the product was never received.

Article 8 - Exclusion of the right of withdrawal

1. The trader can exclude the right of withdrawal for products as described in paragraphs 2 and 3 only if the trader clearly stated this in the offer before concluding the contract.
2. Exclusion of the right of withdrawal is possible for products
   a. that have been created by the entrepreneur in accordance with consumer specifications;
   b. that are clearly personal in nature
   c. that cannot be returned due to their nature;
   d. that spoil or age quickly;
   e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   f. for single newspapers and magazines;
   g. for audio and video recordings and computer software of which the consumer has broken the seal;
   h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is possible for services:
   a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
   b. whose delivery has started with the consumer's express consent before the cooling-off period has expired;
   c. relating to betting and lotteries.

Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, products or services whose prices are subject to fluctuations in the financial market may be offered with variable prices.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after concluding the contract are only allowed if the entrepreneur has stipulated it and the consumer is authorised to terminate the contract from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. The entrepreneur is not obliged to supply products at the incorrect price.
7. For international sales, prices may fluctuate based on exchange rates and other import costs. All prices include VAT but exclude import duties and local taxes that may apply in the consumer's country.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer and the reasonable requirements of soundness and/or usability.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur.
3. Any defective or incorrectly delivered products must be reported in writing within 14 days of delivery. Returns must be in the original packaging and in new condition.
4. The guarantee does not apply if:

the consumer has repaired or modified the delivered products himself or had third parties do so;

the delivered products have been exposed to abnormal conditions or otherwise carelessly handled;

the unsoundness is entirely or partly due to regulations imposed by the government.

1. Additional conditions may apply to international warranty claims, depending on the location of the consumer.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. Accepted orders are in principle carried out within 1 working day, unless a longer delivery period has been agreed. If delivery is delayed or can only be partially carried out, the consumer will be notified. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation under the law.
4. In case of dissolution, the operator will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery of a replacement article, the right of withdrawal cannot be excluded.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.
7. International deliveries are subject to specific conditions about delivery time, customs and possible delays. This information is clearly communicated during the ordering process.
8. Orders are usually dispatched by Le Marais B.V. on the same or within two working days.

Article 12 - Duration transactions: duration, termination and renewal

1. Termination

The consumer may terminate an open-ended contract for the regular delivery of products or services at any time subject to the agreed termination rules and a notice period of up to one month.

The consumer may terminate a fixed-term contract for the regular delivery of products or services at any time towards the end of the fixed term.

1. Extension

A fixed-term contract may not be tacitly extended or renewed for a fixed term unless expressly provided otherwise.

1. Duration

If a contract lasts longer than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Gift voucher

1. A gift certificate or voucher from Le Marais is valid for one year from the date of issue.
2. For online redemption of a physical voucher, the consumer contacts the entrepreneur.

Article 14 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period (Article 6).
2. The consumer is obliged to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs made known to the consumer in advance.
4. Specific payment methods and possible conversion fees apply to international transactions. Inaccuracies in payment details must be reported without delay.

Article 15 - Complaints procedure

1. Complaints on the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.
2. Complaints submitted to the operator will be answered within 14 days. If a complaint requires a foreseeably longer processing time, the consumer will receive a notice of receipt within 14 days and an indication of when to expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure (Article 16).
4. A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
5. If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
6. Additional procedures apply to international complaints to ensure efficient and accessible handling.

Article 16 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes will be submitted to the competent court in the Netherlands, unless mandatory provisions in the consumer's country of residence stipulate otherwise.
3. The operator also refers consumers residing within the EU to the European Commission's Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/ for alternative dispute resolution.

Article 17 - Force majeure

1. The entrepreneur is not obliged to fulfil any obligation towards the consumer if he is hindered to do so by force majeure. Force majeure means any external cause, foreseen or unforeseen, which the entrepreneur cannot influence and which prevents the entrepreneur from fulfilling his obligations.
2. If the period of force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without any obligation to pay damages.
3. If the entrepreneur has already fulfilled part of his obligations when the force majeure occurs, he is entitled to invoice this part separately and the consumer is obliged to pay this invoice as if it were a separate agreement.

Article 18 - Limitation of liability

1. The entrepreneur is only liable for direct damage caused by intent or gross negligence of the entrepreneur.
2. The entrepreneur is not liable for indirect damages, consequential damages, lost profits, missed savings or damages due to business interruption.
3. If the entrepreneur is nevertheless obliged to compensate any damage, the liability is limited to a maximum of the invoice amount of the agreement, to the extent permitted by law.

Article 19 - Language and validity

1. These general terms and conditions are available in several languages. In the event of ambiguities or differences in interpretation between the various language versions, the Dutch text shall prevail (unless otherwise agreed).
2. Additions or amendments to these general terms and conditions shall apply only if they are recorded in writing or electronically and accepted by both parties.