General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available electronically to the consumer in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.
If one or more provisions of these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.
Situations not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 3 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:
the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will use the special scheme for postal and courier services with regard to import. The postal or courier service will collect VAT (possibly together with clearance costs) from the recipient;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the cost is calculated on a basis other than the regular base rate;
whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can review and, if desired, correct the data provided before concluding the agreement;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;
the minimum duration of the distance contract in the case of an ongoing transaction.
Optional: available sizes, colors, types of materials.
Article 4 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set, subject to the provisions of paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations. If there are valid grounds not to enter into the agreement, the entrepreneur may refuse an order or impose special conditions.
The entrepreneur will provide the consumer with the following information, in writing or in a durable format:
1. the business address where complaints can be submitted;
2. the conditions and method for exercising the right of withdrawal or a clear statement that it is excluded;
3. information about warranties and after-sales service;
4. the data referred to in Article 4 paragraph 3, unless already provided;
5. the requirements for termination if the agreement lasts longer than one year or is indefinite.
For ongoing transactions, this applies only to the first delivery.
All agreements are concluded subject to sufficient availability of the products.
Article 5 – Right of Withdrawal
The consumer may dissolve the agreement without stating reasons within 30 days. The cooling-off period starts the day after receipt of the product.
During the cooling-off period, the consumer shall handle the product and packaging with care and only use it to the extent necessary to assess whether they wish to keep it.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 30 days. The product must be returned within 30 days thereafter, with proof of shipment if requested.
If the consumer fails to notify or return the product within the stated periods, the purchase becomes final.
Article 6 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Any amounts paid will be refunded within 30 days after withdrawal, provided the product has been received or proof of return is supplied.
Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer prior to conclusion of the agreement.
Exclusion is only possible for products:
1. manufactured according to consumer specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that may deteriorate or expire quickly;
5. whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software if the seal has been broken;
8. for hygienic products if the seal has been broken.
Exclusion is only possible for services:
1. relating to accommodation, transport, catering, or leisure activities provided on a specific date or during a specific period;
2. where delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
3. relating to betting and lotteries.
Article 8 – The Price
During the validity period stated in the offer, prices will not be increased, except for changes due to VAT rate changes.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to financial market fluctuations beyond the entrepreneur’s control, provided this is stated in the offer.
Price increases within three months after conclusion of the agreement are only permitted if they result from statutory regulations.
Price increases after three months are only permitted if agreed and if the consumer has the right to terminate the agreement as of the effective date of the increase.
The place of delivery is deemed to be the country where transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs may be charged by the postal or courier service. No VAT will be charged by the entrepreneur.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors.
Article 9 – Identity of the Entrepreneur
Company name: Flight of Freedom
Business address: Zuidwenk 110, 3751 CG BUNSCHOTEN-SPAKENBURG
Email address: info@marivowear.com
Chamber of Commerce number: 99697483
VAT identification number: NL005405134B46
Article 10 – Conformity and Warranty
Products comply with the agreement and legal requirements. Manufacturer warranties do not affect statutory consumer rights.
Defects must be reported within 30 days. Warranty does not apply in cases of misuse, repairs by third parties, or abnormal conditions.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care in receiving and executing orders.
Delivery takes place at the address provided by the consumer.
Accepted orders will be executed promptly and no later than 30 days, unless a longer delivery period has been agreed. In case of delay or partial execution, the consumer will be informed within 30 days and has the right to dissolve the agreement without costs.
In case of dissolution, payments will be refunded within 30 days.
If delivery of a product proves impossible, a replacement item will be offered. Return costs in such cases are borne by the entrepreneur.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer.
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
The consumer may terminate an indefinite agreement at any time with a notice period of no more than one month.
Fixed-term agreements may be terminated at the end of the term with a notice period of no more than one month.
Agreements may not be automatically renewed for a fixed term, except as permitted by law.
Trial subscriptions end automatically after the trial period.
Agreements longer than one year may be terminated after one year with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payments must be made within seven working days after the cooling-off period begins.
The consumer must immediately report inaccuracies in payment details.
In case of non-payment, the entrepreneur may charge reasonable costs within legal limits.
Article 14 – Complaints Procedure
Complaints must be submitted within seven days after defects are discovered.
Complaints are answered within 30 days.
If unresolved, disputes are subject to dispute resolution.
A complaint does not suspend obligations unless stated otherwise.
If a complaint is justified, the entrepreneur will replace or repair the product free of charge.
Article 15 – Disputes
All agreements are governed exclusively by law, even if the consumer resides abroad.