​GENERAL TERMS AND CONDITIONS

General Terms and Conditions of maen&maen

Article 1 - Definitions
The following definitions are used in these terms and conditions:

Cooling-off period: the period within which you, as a consumer, can exercise your right of withdrawal;

Consumer: you, the natural person who is not acting for purposes related to trade, business, craft or profession (hereinafter: you);

Day: calendar day;

Digital content: data produced and delivered in digital form;

Durable data carrier: any tool - including e-mail - that enables you or maen&maen to store information addressed personally to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

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

Distance contract: an agreement concluded between you and maen&maen within the framework of an organised system for the distance sale of products, digital content and/or services (the webshop wiezewasjes.nl), whereby up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;

Technique for distance communication: means that can be used to conclude an agreement, without a consumer and an entrepreneur having to be in the same room at the same time;

maen&maen, established in Heerlen and registered with the Chamber of Commerce under number 94238324, which offers (access to) digital content and/or services to consumers at a distance (hereinafter: maen&maen).

 

Article 2 - Applicability

These general terms and conditions apply to every offer from maen&maen and to every distance contract concluded between you and maen&maen.

Before the distance contract is concluded electronically, the text of these general terms and conditions can be made available to you electronically.

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 you can always rely on the applicable provision that is most favorable to you in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions will otherwise remain in force and the provision in question will be replaced by a provision that approximates the purport of the original as closely as possible.

Any ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions or situations that are not regulated in the general terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

If maen&maen, as a gesture of goodwill or for other commercial reasons, initially appeals against any applicable provision of these general terms and conditions, it does not thereby reject the right to subsequently appeal to the relevant provision and all other applicable provisions of these general terms and conditions.

 

Article 3 - The offer

The offer of maen&maen is understood to mean; the product in the webshop with the associated price.

The offer is without obligation. maen&maen is entitled to change and adjust the offer.

If the offer of maen&maen has a limited period of validity or is made subject to conditions, this will be explicitly stated.

The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable you to properly assess the offer. Obvious mistakes or obvious errors in the offer do not bind maen&maen.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. Wiezewasjes cannot guarantee that the colours shown correspond exactly to the real colours of the products. Gemstones are unique natural products and no gemstone is the same.

Each offer contains such information that it is clear to you what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

 

• the price including taxes;

• any shipping costs;

• the manner in which the agreement will be concluded and which actions are required for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery and execution of the agreement;

• the term for accepting the offer, or the term within which maen&maen guarantees the price;

• the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

• whether the agreement is archived after it has been concluded, and if so, how you can consult it;

• the manner in which you can check the data provided by you in the context of the agreement before concluding the agreement and, if necessary, restore it;

• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

• the codes of conduct to which maen&maen has submitted and the way in which you can consult these codes of conduct electronically;

• the available sizes, colours and types of materials.

• Conditions that apply to special promotions are stated with the offer and take precedence over these general conditions.

 

Article 4 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment that you accept the offer of maen&maen, by placing an order and fulfilling the payment obligations that apply.

maen&maen will confirm receipt of your order as soon as possible after placing your order. Until the moment of receipt of this order confirmation, you have the option to cancel your order.

maen&maen takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If you pay electronically, maen&maen will observe appropriate security measures to that end.

maen&maen will send the following information, in writing or in such a way that it can be stored by you in an accessible manner on a durable data carrier, at the latest upon delivery of the product:

the contact details of the customer service where you can go with any complaints;

the conditions under which and the manner in which you can exercise your right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing after-sales service;

the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

if you have a right of withdrawal, the model withdrawal form.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

 

Article 5 – Right of withdrawal

You, as a consumer, can cancel an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. maen&maen may ask you for the reason for the cancellation, but may not oblige you to state your reason(s).

The cooling-off period referred to in paragraph 1 commences on the day after you, or a third party designated by you, who is not the carrier, has received the product, or:

if you have ordered multiple products in the same order: the day on which you, or a third party designated by you, have received the last product. maen&maen may, provided that it has clearly informed you of this prior to the ordering process, refuse an order for multiple products with a different delivery time.

if the delivery of a product consists of different shipments or parts: the day on which you, or a third party designated by you, have received the last shipment or the last part;

in the case of agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product.

Extended cooling-off period for products if not informed about the right of withdrawal:

If maen&maen has not provided you with the legally required information about the right of withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If maen&maen has provided you with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which you received that information.

​

Article 6 – Your obligations during the cooling-off period

During the cooling-off period, you must handle the product and its packaging with care. You may only unpack or use/try on the product to the extent necessary to determine the nature and characteristics of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a store.

You are only liable for any depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.

You are not liable for any depreciation of the product if maen&maen has not provided you with all legally required information about the right of withdrawal before or upon concluding the agreement.

​

Article 7 - Exercising your right of withdrawal and costs thereof

If you make use of your right of withdrawal, you must report this within the cooling-off period by means of the model withdrawal form (see at the bottom of these conditions) or in another unambiguous manner to maen&maen. This is, for example, by returning the purchased product to maen&maen within 14 days.

As soon as possible, but at least within 14 days from the day following the notification referred to in paragraph 1, you must return the product.

You must return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by maen&maen.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you. This means that if your shipment is lost or damaged, you are liable for this.

It is not possible to return products that you have purchased in the webshop in the store. Conversely, you cannot return products purchased in the store to the webshop.

​

Article 8 - Obligations of maen&maen in case of withdrawal

If you notify maen&maen of withdrawal, maen&maen will send you a confirmation of receipt as soon as possible.

In this case, maen&maen will reimburse all your payments, including the delivery costs, if you return your entire order. If you decide to keep part of your order, maen&maen has the right to charge shipping costs if the remaining amount falls below €100 (in NL), below €150 (in BE and DE) and below €250 (Worldwide). maen&maen is entitled to offset these shipping costs with the amount that you will be refunded. maen&maen will make the refund no later than 14 days after receipt of the undamaged product.

maen&maen will pay out your credit via the same payment method that you used.

If you have chosen a more expensive delivery method than the cheapest standard delivery, maen&maen does not have to refund the additional costs for the more expensive method.

​

Article 8 - Obligations of maen&maen in case of withdrawal

If you notify maen&maen of withdrawal, maen&maen will send you a confirmation of receipt as soon as possible.

In this case, maen&maen will reimburse all your payments, including the delivery costs, if you return your entire order. If you decide to keep part of your order, maen&maen has the right to charge shipping costs if the remaining amount falls below €100 (in NL), below €150 (in BE and DE) and below €250 (Worldwide). maen&maen is entitled to offset these shipping costs with the amount that you will be refunded. maen&maen will make the refund no later than 14 days after receipt of the undamaged product.

maen&maen will pay out your credit via the same payment method that you used.

If you have chosen a more expensive delivery method than the cheapest standard delivery, maen&maen does not have to refund the additional costs for the more expensive method.

​

Article 11 - Conformity and warranty

maen&maen guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.

The warranty period of maen&maen corresponds to the manufacturer's warranty period. However, maen&maen is never responsible for the ultimate suitability of the products for each individual application by you, nor for any advice regarding the use or application of the products.

The warranty does not apply if:                                                                                                                                                      3.1 You have repaired and/or modified the delivered products yourself or have had them repaired and/or modified by third parties; 3.2 The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of maen&maen and/or on the packaging; 3.3 The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used. 3.4 The gold layer on Gold Plated products is wearing away or has worn away.

If you discover a defect in your product, you must contact maen&maen by e-mail within 2 months of discovering the defect to report the defect.

A guarantee provided by maen&maen, its supplier, manufacturer or importer never limits the legal rights and claims that you can assert against maen&maen under the agreement if maen&maen has failed to fulfil its part of the agreement.

​

Article 12 - Delivery and execution

maen&maen will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that you have provided to maen&maen.

maen&maen will execute accepted orders where possible within 7 days, but no later than 30 days, unless a different delivery period has been agreed.

If delivery is delayed, or if an order cannot be executed or can only be executed in part, you will be notified as soon as possible, but no later than 30 days after you placed the order. In that case, you have the right to terminate the agreement without charge and you are entitled to any compensation if you can demonstrate that you have suffered damage.

After termination in accordance with the previous paragraph, maen&maen will refund the amount that you have paid as soon as possible, but no later than 14 days.

The risk of damage and/or loss of products rests with maen&maen until the moment of delivery to you or a previously designated representative made known to maen&maen, unless expressly agreed otherwise.

Article 13 - Payment

Amounts owed by you must be paid within 14 days after the conclusion of the distance contract.

You have the obligation to report any inaccuracies in the payment details provided or stated to maen&maen immediately.

If you do not meet your payment obligation(s) on time, you will owe statutory interest on the amount still owed after maen&maen has informed you of the late payment and maen&maen has granted you a period of 14 days to still meet your payment obligations, after the failure to pay within this 14-day period. Furthermore, maen&maen is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of the percentages stated in the statutory regulation. maen&maen may deviate from the statutory arrangement to your advantage, but is not obliged to do so.

​

Article 14 - Complaints procedure

maen&maen has a complaints procedure and will handle the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to maen&maen by e-mail within 14 days after you have discovered the defects, fully and clearly described.

Complaints submitted to maen&maen will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, maen&maen will respond within the period of 14 days with a confirmation of receipt and an indication of when you can expect a more detailed answer.

You must give maen&maen at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 15 - Disputes

Agreements between maen&maen and you to which these general terms and conditions apply are exclusively governed by Dutch law.

The Vienna Sales Convention is excluded.

Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to your detriment and must be recorded in writing or in such a way that they can be stored by you in an accessible manner on a durable data carrier.

​