GENERAL TERMS & CONDITIONS
Maria Kooistra company details: Cornelis Krusemanstraat 25 1, 1075NC Amsterdam, Chamber of commerce: 62021524 Company VAT: NL854604996B01 Maria Kooistra BV has adopted the General Terms and Conditions of Sale, Delivery and Payment of MITEX (Dutch Association of Retail Traders in the Fashion Industry). The MITEX general terms and conditions were drawn up in December 2002 in consultation with the Dutch Consumer Association within the context of the CZ (Coordinating Group for Self-Regulation) of the SER (Social and Economic Council of the Netherlands) and came into effect on 1 January 2003. A copy of the MITEX general terms and conditions is set out at the end of these (additional) General Terms and Conditions.
Article 1: Scope
1.These general terms and conditions (hereinafter: the general conditions) govern all contracts, supplies and other services agreed between the customer and Maria Kooistra. 2. By placing an order, the customer agrees to be bound by the general conditions. 3. Unless Maria Kooistra has indicated otherwise in writing to the customer, the customer's own general terms and conditions shall not be accepted.
Article 2: Entering into a contract
2. Maria Kooistra shall confirm the customer's order by e-mail. Contrary to Article 4.1 of the MITEX general terms and conditions, a contract is created only when payment has been successfully made. Maria Kooistra is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If Maria Kooistra is unable to clearly establish the customer's permanent or temporary address, an order cannot be accepted. 2. Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. Maria Kooistra shall endeavour, however, to contact the customer to complete the payment instructions so that delivery can be made.
Article 3: Prices and costs
3. The contract price is the current price at the moment when an order is placed with the webstore. The prices of articles are quoted inclusive of VAT. 2. The prices quoted in the webstore are exclusive of postage and administration costs. 3. Maria Kooistra is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
Article 4: Fulfilling orders
4. Maria Kooistra shall act with the greatest possible care in processing orders for articles. 2. Articles shall be delivered to the address given by the customer to Maria Kooistra. 3. Maria Kooistra shall dispatch accepted orders as quickly as possible in the order in which they are received. 4. The on the webstore indicated delivery term is approximate only and there is no right to compensation if actual delivery takes longer.
Article 5: Customs, Duties and Taxes
5. The customer is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Maria Kooistra, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside the European Union may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; Maria Kooistra has no control over these charges and cannot predict what they may be. 2. It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting.
Article 6: Right to return articles
6. Contrary to Article 5 of the MITEX general terms and conditions the costumer is entitled to return any article to Maria Kooistra within fourteen (14) days of its delivery, without need to give any reason. 2. No refund will be made in respect of articles returned to Maria Kooistra after the said fourteen-day period. 3. Articles must be returned in accordance with the instructions set out on the packing slip enclosed with the articles. 4. Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops. If a customer wishes to exercise such right to return an article, the article must be returned to Kooistra Jewelry together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by Maria Kooistra. 5. Maria Kooistra is entitled to refuse to accept a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, or reveals damage caused by the customer, or if the customer does not comply with the instructions for returning the article given by Maria Kooistra. 6. If for any reason Maria Kooistra does not deliver within thirty (30) days, the customer is entitled to a full refund, without any charge.
Article 7: Error in delivery
7. If Maria Kooistra delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify Maria Kooistra of this as soon as possible, in the way specified on the packing slip enclosed with the article. Maria Kooistra shall reimburse the purchase price plus postage charge.
Article 8: Complaints
8. If a customer wishes to exchange or return an article, it must follow the instructions specified on the packing slip enclosed with the article. 2. Other queries, comments or complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address: email@example.com 3. The e-mail message must contain the customer's name, e-mail address corresponding with that in Maria Kooistra records, the order number included in the order confirmation and the article number.
Article 9: Minimum age
9. An order will not be accepted by Maria Kooistra from anyone under the age of 16.
Article 10: Payment
10. The customer may pay either by credit card, Paypal or with iDeal. At the present time, gift vouchers cannot be used towards payment 2. All payments must be made in accordance with the instructions given on the pages of the webstore.
Article 11: Privacy
11. In placing an order, the customer grants Maria Kooistra the right to use its personal details where necessary. These details will be kept only insofar as necessary to achieve the goals for which the details are obtained and processed by Maria Kooistra, i.e. for performance of the contract and for maintaining contact with the customer. 2. The personal details supplied by a customer will not be passed to any third party for commercial purposes without the customer's express consent. The customer is entitled to inspect and amend these details at any time. 3. In accordance with the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens), Maria Kooistra has notified the Dutch Data Protection Authority (College Bescherming Persoonsgegevens)that it registers personal data. A customer should send any request to inspect its personal data in writing to the following e-mail address: firstname.lastname@example.org.
Article 12: Disputes
12. Any dispute between Maria Kooistra and a customer may be brought by either party before the Disputes Commission for the Textiles and Footwear Sector (Geschillencommissie Textiel en Schoenen). Details of this procedure are set out in Article 15 of the MITEX general terms and conditions.