Terms and Conditions

Table of contents:

Article 1 –   Definitions
Article 2 –   Identity of the entrepreneur
Article 3 –   Applicability
Article 4 –   The offer
Article 5 –   The agreement
Article 6 –   Right of withdrawal
Article 7 –   Costs in case of withdrawal
Article 8 –   Obligations of the consumer during the reflection period
Article 9 –   Exercise of the right of withdrawal by the consumer and costs thereof
Article 10 – Obligations of the entrepreneur in case of withdrawal
Article 11 –  The price
Article 12 – Conformity and Warranty
Article 13 – Delivery and implementation
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or deviating provisions

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4.   Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers from a distance;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby until the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
  11. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

Maple Branded;

Tolschestraat 43, 5363TB, Velp;
Telephone number: 06-46120103
Email address: info@maplebranded.com
Chamber of Commerce number: 81455267

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer;
  2. Before the distance contract 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, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer;
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer;
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most relevant to him. is favorable.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer;
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer;
  3. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur;
  4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer;
  5. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement;
  6. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions;
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement;
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures;
  4. Within legal frameworks, the entrepreneur can – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation;
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium;
  6. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  7. Information about guarantees and existing after-sales service;
  8. The price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
  9. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
  10. If the consumer has a right of withdrawal, the model withdrawal form;
  11. In the event of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery;
  12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a reflection period of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s);
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or;
  3. If the consumer has ordered several products in the same order: the day on which  the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times;
  4. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
  5. In the case of contracts 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;
  6. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment;
  7. If, after the expiry of the periods referred to in paragraphs 3 and 4, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of returning the goods will not exceed the costs;
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

Article 8 – Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store;
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1;
  3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner;
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired;
  3. The consumer returns 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 the entrepreneur;
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer;
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

Article 10 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification;
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier;
  3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, 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 repay the additional costs for the more expensive method.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates;
  2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions;
  3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and;
  4. They are the result of statutory regulations or provisions; or
  5. The consumer has the authority to cancel the agreement on the day on which the price increase takes effect;
  6. The prices stated in the offer of products or services include VAT.

Article 12 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use;
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement;
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition;
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products;
  5. The warranty does not apply if:
  • The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
  • The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 13 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products;
  2. The place of delivery is the address that the consumer makes known to the entrepreneur;
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation;
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation;
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution;
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur;
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

  1. Payment must be made immediately upon order, unless otherwise agreed in writing;
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay;
  3. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 15 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure;
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects;
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer;
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure;
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing;
  6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge at his choice.

Article 16 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad;
  2. The Vienna Sales Convention does not apply.

Article 17 – Additional or deviating provisions

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