Terms & Conditions

Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 – The offer
Article 5 - The agreement
Article 6 - Revocation right
Article 7 - Obligations of the consumer during the respite
Article 8 - Execution of the revocation right by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of revocation
Article 10 - Exclusion revocation right
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Continuing performance agreement: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms are defined as below:

  1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur; 
  2. Respite: the term in which the consumer may use his revocation right; 
  3. Consumer: the natural person who does not act for purposes related to his trading, company, craft or professional activity; 
  4. Day: calendar day; 
  5. Digital content: data that can be produced and delivered in digital shape; 
  6. Continuing performance agreement: an agreement for the purpose of regular delivery of items, services and/or digital content during a certain period; 
  7. Sustainable data carrier: any tool - including e-mail – which enables the consumer or entrepreneur to record information that is personally addressed to him in a way that future consultation or use during a period that is suited to the purpose the information is destined for, and which enables unchanged reproduction of the recorded information; 
  8. Revocation right: the possibility of the consumer to waive the distance agreement within the respite; 
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or distance services to consumers; 
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within an organised system for distance sales of products, digital content and/or services, where one or more technologies for distance communication are solely or also used up to and including the conclusion of the agreement; 
  11. Standard form for revocation: the European standard form for revocation recorded in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no revocation right in respect of his order; 
  12. Technology for distance communication: means that can be used for concluding an agreement for which it is not necessary that consumer and entrepreneur to simultaneously come together in the same room.

Article 2 - Identity of the entrepreneur

Maes & Hills Collection
Paalsteenlaan 38
3620 Lanaken, België
Phone number: +32-89-842982
Available: Monday to Friday from 9 a.m. to 5 p.m.
E-mail address: service@maeshillscollection.com
Chamber of Commerce number (company number): 0680.432.432
VAT-identification number: BE0680.432.432

Article 3 - Applicability

  1. These general terms and conditions apply to each offer of the entrepreneur and to any concluded distance agreement between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate in which way the general terms and conditions can be consulted at the entrepreneur before the distance agreement is concluded and that these can be sent to as soon as possible and free of charge at the request of the consumer. 
  3. If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation of the previous paragraph and before the distance agreement is concluded, be made available to the consumer by electronic means, in such a way that these can simply be saved on a sustainable data carrier by the consumer. If this is not reasonably possible, it will be indicated where the general terms and conditions may be consulted by electronic means before the distance agreement is concluded, and that they will be sent free of charge, by electronic means or any other way, at the request of the consumer. 
  4. In the event that next to these general terms and conditions also specific product or services terms and conditions apply, the second and third party paragraph shall correspondingly apply and the consumer can always rely on the applicable provision which is the most favourable for him in case of contradictory terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is made under terms and conditions, this will be explicitly mentioned in the offer. 
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow for a good assessment of the offer by the consumer. Images used by the entrepreneur are a faithful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. 
  3. Each offer contains such information, that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 - The agreement

  1. The agreement will, subject to the provision in paragraph 4, be concluded at the moment of acceptance by the consumer of the offer and meeting the terms and conditions tied to it. 
  2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm the reception of the acceptance of the offer by electronic means. As long as the reception of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement. 
  3. If the agreement is concluded electronically, the entrepreneur will take fitting technological and organisational measures for the security of the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will abide by taking fitting security measures. 
  4. The entrepreneur can – within legal bounds – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are of importance for responsibly entering into the distance agreement. If, based on this research, the entrepreneur has good grounds not to enter into the agreement he is justifiably motivated to refuse an order or application or to attach special terms and conditions to the execution. 
  5. The entrepreneur shall send the customer, no later than on delivery of the product, the service or digital content, the following information, in writing or in such a way that these can be saved in an accessible format on a sustainable data carrier by the consumer: 
    1. The address of the branch of the entrepreneur where the consumer can turn to with complaints; 
    2. the terms and conditions under which and the way in which the consumer may use the revocation right, or a clear notification with regard to the exclusion of the revocation right; 
    3. the information on guarantees and existing service after purchase; 
    4. the price including all taxes of the product, service or digital content; 
    5. the costs of delivery, where applicable; and the manner of payment, delivery or execution of the distance agreement; 
    6. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of limited duration; 
    7. if the consumer has a revocation right, the standard form for revocation. 
  6. In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Revocation right

In products:

  1. The consumer can terminate an agreement with regard to the purchase of a product during a respite of a minimum of 14 days without stating any reasons. The entrepreneur is allowed to ask the consumer for the reason of revocation, but cannot obligate him to state his reason(s). 
  2. The respite mentioned in paragraph shall commence on the day after the consumer, or the third party, who is not the carrier, prior designated by the consumer, has received the product, or: 
    1. if the consumer has ordered several products in one and the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order of several products with a varying delivery time. 
    2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; 
    3. in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In services and digital content not delivered on a physical carrier:

  1. The consumer can terminate a service agreement and an agreement for delivery of digital content that is not delivered on a physical carrier is without stating any reasons during a minimum of 14 days. The entrepreneur is allowed to ask the consumer for the reason of revocation, but cannot obligate him to state his reason(s). 
  2. The respite mentioned in paragraph 3 shall commence on the day following the conclusion of the agreement.

Extended respite for products, services and digital content not delivered on a physical carrier in the event of non-information about the revocation right:

  1. If the entrepreneur has not provided the consumer with the information required by law on the revocation right or the standard form for revocation, the respite will end twelve months after the end of the original, in accordance with the set respite in the previous paragraphs of this article. 
  2. If the entrepreneur has provided the consumer with the information mentioned in the previous paragraph within twelve months after the start date of the original respite, the respite will expire 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the consumer during the respite

  1. During the respite, the consumer will carefully handle the product and packaging. He will only unpack or use the product the product in a way that is needed to determine the nature, the characteristics and the operation of the product. The starting point here is that the consumer may only handle and inspect the product in the way he would be allowed to in a shop. 
  2. The consumer is only liable for depreciation of the product if that results from a way of dealing with the product that goes beyond the permissible stated in paragraph 1. 
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all information on the revocation right required by law before or at the conclusion of the agreement.

Article 8 - Execution of the revocation right by the consumer and costs thereof

  1. If the consumer uses his revocation right, he will report this to the entrepreneur by way of the standard form for revocation or in any other unambiguous way within the reflection period. 
  2. As soon as possible, but no later than 14 days after the day following the report mentioned in paragraph 1, the consumer will return the product, or hand it to (a representative of) the entrepreneur. Customer is not required to do so if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he sends the product back before the respite has expired. 
  3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 
  4. The risk and burden of proof for the correct and timely execution of the revocation right lies with the consumer. 
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur has indicated to bear the costs himself, the consumer does not have to bear the costs for return shipment. 
  6. If the consumer revokes after having first explicitly requested that the transaction of the service or the delivery of gas, water or electricity that have not been prepared for sale commences in a limited volume or certain quantity during the respite, the consumer owes the entrepreneur an amount that is proportionate to that part of the commitment agreed upon by the entrepreneur at the moment of revocation, compared with the full compliance of the commitment. 
  7. The consumer does not bear any costs for the execution of services or the delivery of water, gas or electricity, that have not been prepared for sale in a limited volume or amount, or for the delivery of district heating, if: 
    1. the entrepreneur has not provided the consumer with the information on the revocation right required by law, the costs reimbursement in the event of revocation or the standard form for revocation, or; 
    2. the consumer has not explicitly requested for commencement of the execution of the service or delivery of gas, water, electricity or district heating during the respite. 
  8. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a physical carrier, if: 
    1. He has not explicitly agreed to the start of the compliance of the agreement before the end of the respite, prior to its delivery; 
    2. He has not acknowledged to lose his revocation right in granting his permission; or the entrepreneur has neglected to confirm this statement of the consumer. 
  9. If the consumer uses his revocation right, all additional agreements will be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of revocation

  1. If the entrepreneur enables the report of revocation by the consumer by electronic means, he will immediately send a confirmation of receipt after reception of this report.hij after. 
  2. The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but no later than14 days after the day on which the consumer reports the revocation to him. Unless the entrepreneur offers to collect the product himself, he is allowed to hold reimbursement until he has received the product or until the customer has proven that he has returned the product, depending on which comes first. 
  3. The entrepreneur uses the same means for payment for reimbursement that the consumer has used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer. 
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion revocation right

The entrepreneur may exclude the following products and services from the revocation right, but only if the entrepreneur has specified this clearly upon the time of the offer, at least timely before the conclusion of the agreement:

  1. Products or services of which the price is bound to fluctuations on the financial market outside of the entrepreneur’s control and which may occur within the revocation term; 
  2. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present in person at the auction, under the guidance of an auctioneer, and where the successful bidder is obligated to buy the products, digital content and/or services; 
  3. Service agreements, after full execution of the service, but only if: 
    1. the execution has commenced with explicit, prior consent of the consumer; 
    2. and the consumer has declared that he loses his revocation right as soon as the entrepreneur has fully executed the agreement; 
  4. Holiday packages as mentioned in article 7:500 of the DCC and agreements of passenger transport; 
  5. Service agreements for the provision of accommodation, if a certain date or period of execution is anticipated in the agreement and other than for residential purposes, goods transport, rental car services and catering; 
  6. Agreements with regard to leisure activities, if a certain datum or period of execution thereof is anticipated in the agreement; 
  7. Products produced according to specifications of the consumer, which are not pre-fabricated and which are produced based on an individual choice or decision of the consumer, or which are clearly meant for a specific person; 
  8. Products which spoil rapidly or have a limited durability; 
  9. Sealed products which, for reasons of health protection or hygiene, are not suitable to be returned and of which the seal has been broken after delivery; 
  10. Products which are, after delivery, according to their nature, inseparably mixed with other items; 
  11. Alcoholic beverages which price has been agreed upon at the conclusion of the agreement, but which delivery can only take place after 30 days, and whose value is dependant of the fluctuations of the market outside the entrepreneur’s control; 
  12. Sealed audio, video tapes and computer programmes, whose seal has been broken after delivery; 
  13. Newspapers or magazine, with the exception of subscriptions; 
  14. The delivery of digital content other than on a physical carrier, but only if: 
    1. the execution has started with explicit, prior consent of the consumer; 
    2. and the consumer has declared losing his revocation right by doing so.

Article 11 - The price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, subject to price changes as a result of changes in VAT-tariffs. 
  2. In deviation of the previous paragraph the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and which are outside the entrepreneur’s control, with variable prices. This effect of fluctuations and the fact that any prices mentioned are guiding prices will be specified in the offer. 
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. 
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    a. these are the result of statutory regulations or provisions; or
    b. the consumer has the authority to terminate the agreement starting on the day the price increase takes effect.
  5. The prices of products or services mentioned in the offer are inclusive of VAT.

Article 12 - Compliance agreement and extra guarantee

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable demands of reliability and/or usefulness and the current statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also ensures that the product is suitable for any use other than normal. 
  2. An extra guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the statutory rights and claims the consumer can bring to bear on entrepreneur, based on the agreement, if the entrepreneur has failed in the compliance of his part of the agreement. 
  3. Extra guarantee is defined as any commitment of the entrepreneur, its supplier, importer or producer in which he grants certain rights or claims to the customer which go beyond what is required of him by law in the case that he has failed in the compliance of his part of the agreement.

Article 13 - Delivery and execution

  1. The entrepreneur shall exercise all due care during reception and execution of orders of products and during the assessment of applications for providing services. 
  2. Place of delivery is the address that the consumer has made known to the entrepreneur. 
  3. In compliance with article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with appropriate haste but within 30 days at the latest, unless a different delivery system has been agreed upon. If the delivery is delayed or if an order cannot or only in part be executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer is entitled to terminate the agreement without costs and rights to any compensation. 
  4. After termination compliant with the previous paragraph the entrepreneur will immediately reimburse the amount the consumer has paid. 
  5. The risk of damage and/or missing of products lies with the entrepreneur to the moment of delivery to the consumer or a designated representative prior made known to the entrepreneur, unless explicitly agreed upon otherwise.

Article 14 - Continuing performance contract: duration, termination and extension

Termination:

  1. The consumer can at all times terminate an agreement entered into for an indefinite period and which pertains to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed upon to that end and a notice period of no more than one month. 
  2. The consumer can at all times terminate an agreement entered into for a definite period and which pertains to the regular delivery of products (including electricity) or services at the end of the determined duration with due observance of the termination rules agreed upon to that end and a notice period of no more than one month. 
  3. The agreements mentioned in the previous paragraphs can be: 
    1. Terminated at all times and not limited to the termination of a certain time or period; 
    2. At least terminated in the same way as entered into; 
    3. Always terminated with the same notice period the entrepreneur has stipulated for himself by consumer.

Extension:

  1. An agreement concluded for a limited time and which pertains to the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a certain duration. 
  2. In deviation of the previous paragraph, an agreement entered into for a limited time which and which pertains to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a certain duration of a maximum of 3 months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. 
  3. An agreement concluded for a definite period of time and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice period of no more than one month. The notice period is three months at the most in case the agreement extends to the regular, but less than once a month, delivery of daily and weekly newspapers and magazines. 
  4. An agreement with limited duration tot the regular delivery, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time, with a notice period not exceeding one month, unless good faith resists termination before the end of the agreed upon duration.

Article 15 - Payment

  1. Insofar as otherwise provided for in the agreement or additional terms and conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to providing a service, this term will commence on the day after the consumer has received the confirmation of the agreement. 
  2. During the sale of products to consumer, the consumer in general terms and conditions may never be obligated to an advanced payment of more than 50%. When advance payment is stipulated, the consumer can claim no right to the execution of the order or service(s) in question, before the stipulated advance payment has taken place. 
  3. The consumer has the obligation to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. 
  4. If the consumer does not comply with his payment obligation(s) in a timely fashion, he owes, after the entrepreneur has pointed out the late payment and the entrepreneur has awarded the consumer a term of 14 days to comply with his payment obligations, after the lack of payment within this 14-days-term, the legal interest on the amount due and is the entrepreneur authorized to charge the extra-judicial collection costs incurred by him. These collection costs are a maximum of: 15% of outstanding amounts up to € 2500; 10% of the consecutive € 2500 and 5% of the consecutive € 5000 with a minimum of € 40. The entrepreneur may deviate from the amounts and percentages mentioned in the interest of the consumer.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently notified complaints procedure and will handle the complaint according to this complaints procedure.
  2. Complaints about the execution of the agreement should be, fully and clearly described, submitted to the entrepreneur within reasonable time after the consumer has identified the faults. 
  3. Complaints submitted to the entrepreneur will be answered within a term of 14 days after the date of reception. If a complaint asks for a foreseeable longer process time, the entrepreneur will reply, within the term of 14 days, with a report of receipt and an indication as to when the consumer can expect a more elaborate answer. 
  4. The consumer should give the entrepreneur 4 weeks time to solve the complaint in mutual consultation. After this term there is a dispute which is applicable to the dispute settlement.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law.

Article 18 - Additional or deviating provisions

Additional provisions to or deviating from of these general terms and conditions may not be at a disadvantage to the consumer and shall be recorded in writing or in such a way that these can be saved in an accessible format in a sustainable data carrier by the consumer.

Appendix I: Standard form for revocation

Standard form for revocation

(only fill out and return this form if you want to revoke the agreement)

  • To:
    [ name entrepreneur]
    [ geographic address entrepreneur]
    [ fax number entrepreneur, if any]
    [ e-mail address or electronic address of entrepreneur] 
  • I/We* hereby give notice, that I/we* revoke our agreement concerning
    the sale of the following products: [name of product]*
    the delivery of the following digital content: [name of digital content]*
    the execution of the following service: [name of service]* 
  • Ordered on*/received on* [date of order in services or reception in products] 
  • [Name consumer (s)] 
  • [Address consumer (s)] 
  • [Signature (s) consumer (s)] (only when this form is submitted on paper)

* Delete where not applicable or fill out where applicable.