Article 1 – Definitions

In these terms, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

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

3. Day: calendar day.

4. Ongoing transaction: a distance contract relating to a series of products and/or services, where delivery and/or purchase obligations are spread over time.

5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.

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

7. Model withdrawal form: the form provided by the entrepreneur which the consumer can use to exercise their right of withdrawal.

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

9. Distance contract: an agreement concluded within a system organized by the entrepreneur for distance selling, using one or more means of distance communication.

10. Means of distance communication: a method used to conclude an agreement without the consumer and entrepreneur being physically present together.

11. General Terms and Conditions: these terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Mary Ember
Willemskade 12
8911 BB, Leeuwarden
Phone: +31 6 22 83 22 49
Email: info@maryember.com
Chamber of Commerce: 97072303
VAT number: NL 005247735B49

Article 3 – Applicability

1. These terms apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

2. Before the agreement is concluded, these terms will be made available to the consumer.

3. If the agreement is concluded electronically, the terms may be provided digitally in a way that allows storage on a durable medium.

4. If additional product or service conditions apply, the most favorable provision for the consumer prevails in case of conflict.

5. If any provision becomes invalid, the remaining provisions remain in force.

6. Situations not covered are interpreted in the spirit of these terms.

7. Ambiguities are also interpreted in the spirit of these terms.

Article 4 – The Offer

1. Limited offers or conditions will be explicitly stated.

2. Offers are non-binding and may be changed.

3. Descriptions are complete and accurate.

4. Images and data are indicative only.

5. Colors shown may differ from actual product colors.

6. The offer clearly states:

   • price including taxes

   • shipping costs

   • contract formation process

   • right of withdrawal

   • payment and delivery methods

   • validity period

   • applicable communication costs

   • data correction options

   • available languages

   • codes of conduct

   • minimum duration (if applicable)

Article 5 – The Agreement

1. The agreement is concluded when the consumer accepts the offer.

2. The entrepreneur confirms acceptance electronically.

3. Secure data transmission is ensured.

4. The entrepreneur may assess the consumer’s ability to pay.

5. The consumer receives key information, including:

   • contact address

   • withdrawal conditions

   • warranty details

   • termination conditions

Article 6 – Right of Withdrawal

1. Consumers may withdraw within 14 days without reason.

2. Products must be handled carefully and returned in original condition.

3. The consumer must notify withdrawal within 14 days and return the product within 14 days after notification.

4. If not returned on time, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

1. Return shipping costs are borne by the consumer.

2. Refunds are made within 14 days after return or proof of return.

3. Damage caused by improper handling may reduce the refund.

4. If withdrawal information was not provided, the consumer is not liable for depreciation.

Article 8 – The Price

1. Prices remain unchanged during validity unless VAT changes.

2. Variable pricing may apply for market-dependent products.

3. Price increases within 3 months only if legally required.

4. After 3 months, increases are allowed under conditions.

5. All prices include VAT.

6. Typographical errors are not binding.

Article 9 – Conformity and Warranty

1. Products comply with the agreement and legal requirements.

2. Warranty does not affect legal rights.

3. Defects must be reported within 2 months.

4. Warranty is void if products are misused.

Article 10 – Delivery and Execution

1. Orders are handled with care.

2. Delivery is made to the provided address.

3. Delivery within 30 days unless agreed otherwise.

4. Delays allow cancellation without compensation.

5. Refunds within 14 days after cancellation.

6. Risk transfers upon delivery.

Article 11 – Payment

1. Payment must be made within 7 working days unless otherwise agreed.

2. Errors must be reported immediately.

3. In case of non-payment, reasonable costs may be charged.

Article 12 – Complaints Procedure

1. Complaints are handled via a clear procedure.

2. Complaints must be submitted within 2 months.

3. Response within 14 days.

4. Unresolved complaints become disputes.

5. Complaints may also be submitted via the EU ODR platform.

6. Complaints do not suspend obligations.

7. Valid complaints result in repair or replacement.

Article 13 – Disputes

1. Dutch law applies.

2. The Vienna Sales Convention does not apply.

Article 14 – Additional Provisions

Additional terms must not disadvantage the consumer and must be recorded in writing or stored on a durable medium.

Annex 1 – Model Withdrawal Form

(Only complete if you wish to withdraw)

To:
Mary Ember
Willemskade 12, 8911 BB
info@maryember.com
+31 6 22832249

I/We hereby inform you that I/we withdraw from the agreement concerning:

• Product/service:

• Ordered on (DD-MM-YYYY):

• Order number:

• Received on (DD-MM-YYYY):

• Name(s):

• Address:

• IBAN:

Signature (if submitted on paper):
Date:

(*) Delete where not applicable