GENERAL TERMS AND CONDITIONS MAPLE GROUP
TABLE OF CONTENTS
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal Article 11 - The price
Article 12 - Performance and additional guarantee Article 13 - Delivery and execution
Article 14 - Term transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1. Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a manner that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for remote 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 for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;
Article 2. Identity of the entrepreneur
Maple Retail B.V.
Telephone number: 0235629210,
Monday to Friday from 09:00 to 17:00, not available on national holidays
E-mail address: email@example.com
VAT number: NL855754837B01
Chamber of Commerce number: 64636771
Article 3. Applicability
These general terms and conditions apply to every offer from Maple Retail B.V. and to any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, Maple Retail B.V. before the distance contract is concluded, indicate how the general terms and conditions can be viewed at Maple Retail B.V.. and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding 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 the consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
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 the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .
Article 4. The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5. The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the 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; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6. Right of withdrawal For products
1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s). If the delivery company (such as DHL or UPS) decides to strike, we will extend the return period.
2. Products that have been modified at the request of the consumer or that are made at the request of the consumer cannot be returned.
3. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in 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 about this prior to the ordering process, refuse an order for several products with different delivery times.
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, has 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 the consumer, or a third party designated by him, has received the first product.
4. For services and digital content that is not provided on a tangible medium.
5. Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal.
6. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
7. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information. If the delivery company (such as DHL or UPS) decides to strike, we will extend the return period.
Article 7. Article 7 - Obligations of the consumer during the reflection period
During the waiting 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 functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation 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 8. Exercise of the right of withdrawal by the consumer and costs thereof
1. Maple Group supplies all Products explicitly subject to retention of title, as long as Buyer has not fulfilled all its (payment-)obligations for the entire delivery. Transfer of ownership shall take place only after Buyer has made full payment to Maple Group for the entire delivery.
2. Before the transfer of ownership has taken place, Buyer is not authorized to pledge or dispose of the Products; however, Buyer is authorized to sell the Products to consumers.
3. Maple Group may – until full payment has been made – at any time confiscate all Products, wherever they have been stored. Buyer is under the obligation to inform Maple Group upon first request of the whereabouts of the Products and Buyer shall grant Maple Group direct access to these Products.
4. In case of bankruptcy, suspension of payments, or seizure or attachment on the Products which are under control of Buyer, Buyer shall immediately notify Maple Group of such event and shall immediately notify any third party, its bailiff, endorsee, lawyer, curator or enforcement agent of the retention of title made by Maple Group.
5. If Buyer fails to fulfill any obligation under the Agreement, Maple Group may immediately invoke its retention of title and confiscate all Products, notwithstanding any other rights of Maple Group.
6. Buyer may not invoke any right to retention relating to the Product because of storage costs and Buyer may not deduct or setoff these costs (or any other costs) with its payment obligations.
Article 9. Intellectual and industrial property
1. The Agreement does not imply (implicitly or explicitly) (i) any transfer of rights of intellectual and/or industrial property, or (ii) any granting of license to such rights. Any rights (such as intellectual property rights) to drawings, sketches and models remain or (if made by Buyer: become) the sole property of Maple Group (and as far as necessary are hereby transferred to Maple Group).
2. Maple Group states that its Products to the best of its knowledge do no infringe upon any intellectual and/or industrial property right of third parties. However, in case of any third party claims of infringement of any intellectual and/or industrial property rights, Maple Group may alter the Products and/or (partially or entirely) terminate the Agreement.
3. Buyer may not use Maple Group’s trade name(s) and trademark(s) (including any domain names), similar trade names and trademarks or deviations to these trade names and trademarks without the prior, explicit, written consent of Maple Group.
4. Buyer may not remove, copy or otherwise alter any trade names, trademarks, names, marks, signs, character, number or any other indication applied to the Product by Maple Group.
5. Buyer shall not sell or have in stock any third party products that are similar to Maple Group’s Products and/or may infringe upon the Products.
6. Any promotional materials supplied to Buyer by Maple Group remain the sole property of Maple Group and may at any time be reclaimed by Maple Group, even if Buyer has made a (financial or creative) contribution to the promotional materials.
7. Buyer shall notify Maple Group immediately of any third party claims of infringement upon any rights. In the event of such a claim, only Maple Group or a qualified subcontractor of Maple Group is entitled to act against Buyer or to defend such claim in and outside of court and/or entitled to settle the claim with this third party in amicably way. In all cases, Buyer guarantees to assist Maple Group (and/or its designated subcontractor) to its full potential on its first request and at its own risks and costs.
8. If Buyer breaches any stipulations of this article 9, Maple Group is entitled to a penalty immediately due and payable, which is not subject to judicial mitigation, of EUR 10.000 for each time and/or each day (or part thereof) Buyer breaches the stipulations, notwithstanding the right of Maple Group for full compensation.
Article 11. Termination and suspension
1. Buyer is immediately and without prior notice in default by the mere fact that it fails to fulfill its obligations arising out the Agreement and these Terms in full, timely and/or correct. Notwithstanding any other rights, Maple Group may in such a case suspend all its obligations towards Buyer, even if these obligations arise out of other Agreements. Furthermore, Maple Group may set off and/or deduct any damages with payments made by Buyer, even if these relate to Other Agreements.
2. Without prejudice to its legal powers, Maple Group is entitled to entirely or partially, and immediately terminate this Agreement and without judicial intervention, without prejudice to the right to reclaim any amounts which have already been paid and/or to claim indemnification, in any case, if:
a. Buyer fails to fulfill its obligations;
b. Buyer has applied for or been assigned suspension of payment and/or bankruptcy;
c. Buyer, whether voluntarily or not, enters into liquidation and/or makes an assignment for the benefit of creditors, or if an event or situation arises which is comparable to one of the aforementioned events or situations;
d. Buyer ceases its operations; and/or
e. An event occurs which does not justify the continuation of the Agreement.
3. In the event that a situation as described afore arises, all liabilities towards Maple Group shall be immediately and entirely claimable and Maple Group shall be entitled to, at its own choice, without any liability for indemnity or other compensation and without prejudice to the further rights that belong to Maple Group, hold in abeyance the execution of the Agreement and/or the entire or partial dissolution of the Agreement.
4. Notice of dissolution and/or termination shall be served in writing by registered letter to Buyer.
5. Immediately upon termination of this Agreement, Buyer is obliged – at its own expense – to return to Maple Group all Products, promotional materials, property, and works of Maple Group.
6. Buyer may not terminate or cancel the Agreement, or give notice, notwithstanding article 4.3.
7. If Maple Group has concluded an agreement with a third party for the supply of certain materials, goods or products in order for Maple Group to be able to produce and deliver the Products to Buyer, Maple Group may terminate the Agreement in accordance with paragraph 2 of this article in case the third party supplier breaches its agreement with Maple Group or if that agreement is terminate or ended, for whatever reason.
Article 12. Force majeure
1. If, as a result of force majeure (which includes, but is not limited to the following circumstances: strike, industrial action, fire, floods, storms, loss/annihilation of products at transport, water damage, delay in delivery of goods or materials by third parties, boycott, war, acts of terror, etc.) Maple Group is unable to perform or is in breach of its obligations hereunder, Maple Group may extend the term for delivery with a period equal to the duration of the force majeure plus thirty days or cancel the Agreement (partially or entirely). In case of force majeure, Maple Group shall notify the Buyer within fourteen days which applies. If Maple Group cancels the Agreement, it shall refund any payments already by Buyer, with deduction of costs already incurred and/or Products already delivered by Maple Group.
2. If, as a result of force majeure Maple Group is unable to perform or is in breach of its obligations hereunder, Buyer is not entitled to any damages, not even if Maple Group may have any (financial) advantages of the force majeure.
Article 13. Limitation of liability
1. Maple Group shall not be liable for any faults in the Products, notwithstanding article 7 and article 3.7. Furthermore, Maple Group shall have no liability for any loss of profits, any other loss, damage arising from any delays in delivery, and/or any action by third parties taken against Buyer with respect to any (alleged or justified) infringement of such third party’s rights.
2. The liability of Maple Group for any damages is, in any case, limited to the amount of the last invoice sent by Maple Group; in case of termination of the Agreement by Buyer – insofar as that is possible – shall the amount of damages paid by Maple Group to Buyer also deem to include any obligation to undo.
Article 14. Confidentiality
1. Buyer may only sell the Products to consumers or retailers.
2. Buyer may not make any promotions or advertisements for the Products (online or offline) without the prior written approval of Maple Group.
3. Buyer may not give away Products for free or use the Products in promotional campaigns (such as promotional games).
Article 15. Sell of Products and advertising
1. Buyer shall hold in the strictest confidence all information about Maple Group, including but not limited to its strategies, designs, patterns, sketches, samples, monsters and the Maple Group Products (including but not limited to prices, methods of production, faults, errors) and the underlying Agreement, and shall provide related information to its employees or suppliers only if, and to the extent in which, this is deemed necessary for the execution of the Agreement. Buyer shall not ever disclose, provide to third parties for inspection or use, or use for the benefit of third parties, any of this information for the term of this Agreement and for a period of three years after termination thereof.
2. Buyer shall refrain from communicating any negative, false, untrue and harmful statements, messages, speech etc. about Maple Group, now and in the future.
Article 16. Miscellaneous
1. Maple Group may assign its rights and its obligations under the Agreement and these Terms, in whole or in part, to any third party at any time without prior notice. Buyer may not assign the rights and obligations under, in whole or in part, to any third party without the prior written consent of Maple Group.
3. The Agreement and these Terms are subject to the laws of The Netherlands, and all disputes arising out of or in relation to the Agreement and these Terms shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands.
4. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from the Agreement.