General Terms and Conditions

  • Gegevens

    Mad About A Bag is part of Mad About

    55 Arlene Court
    Morris Plains 07950 NJ
    USA

    Email address: michelle@madaboutabag.nl
    Chamber of Commerce (KvK) number: Available upon request
    VAT identification number: Available upon request

Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every 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 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 it can be easily stored by the consumer on a durable data carrier.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him/her in the event of conflicting conditions.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Offer 

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

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 do not bind the entrepreneur.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Agreement 

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down for this purpose.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance by the entrepreneur has 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 the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

Within the legal framework, the entrepreneur can – within the statutory frameworks – 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 grounds not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its implementation.

The entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:

  • the email address of the entrepreneur where the consumer can lodge 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;
  • information about guarantees and existing after-sales service;
  • the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
  • the requirements for termination of the contract if the contract 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.

In the case of a lasting transaction, the provision in the previous paragraph shall only apply to the first delivery.

Price 

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted 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 contract as of the day on which the price increase takes effect.

The prices of products or services mentioned in the offer are inclusive of VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Payment

Unless otherwise specified in the agreement or additional conditions, amounts due from the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer receives confirmation of the agreement.

The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or listed payment details.

If the consumer does not meet his payment obligation(s) in a timely manner, he shall be liable to pay statutory interest on the outstanding amount after being reminded by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations. In case of non-payment within this 14-day period, the entrepreneur is entitled to charge the consumer extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to $2,500,=; 10% on the subsequent $ 2,500,=; and 5% on the next $ 5,000,=, with a minimum of $ 40,=. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Delivery Time

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Guarantee

The entrepreneur guarantees that the products and/or services 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

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.

The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Right of Withdrawal

In the case of the purchase of products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and operation of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur thereof within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made known that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods delivered have been returned on time, for example by means of proof of shipment.

If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

Costs in the event of withdrawal:

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported 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 of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or that conclusive proof of complete return shipment can be provided.

Complaints Procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.

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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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 susceptible to dispute resolution.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Disputes 

For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable, even if the consumer is residing abroad.

Review

By ordering a product, you agree to receive an invitation to review the order at the email address you provided.

Definitions

 In these terms and conditions, the following are understood to mean:

  • Reflection period: the period during which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable medium: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the reflection 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 exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract;
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.