General 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 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 17 – Blog and Community

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which 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 possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in if they wish to exercise their right of withdrawal.
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 a system organized by the entrepreneur for distance selling of products and/or services, whereby until the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur having to meet simultaneously in the same space.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Marjems Warenwinkel;
Toldijk 6a
7065 AL Sinderen
Tel: 06-39755635
reachable on working days between 10.00–16.30 hours
[email protected]
KvK 62572598
VAT No. NL001389903B66

Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced without delay, by mutual agreement, by a provision that approximates the intent of the original as closely as possible.
Situations that are not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms must be explained “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change 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 make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data included 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 offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes 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 performance of the agreement;

• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

• the amount of the tariff for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate of the communication medium used;

• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in connection with the agreement;

• the possible other languages in which, in addition to Dutch, the agreement may be concluded;

• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall 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 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 shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all those facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur’s business location where the consumer may lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these to the consumer prior to performance of the contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:
When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer, or a representative previously designated by the consumer and known to the entrepreneur, has received the product.
During the reflection period the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories 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.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. Notification must be made by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For delivery of services:
When services are provided, the consumer has the possibility to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the product has already been received back by the retailer, or that conclusive evidence of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
f. single newspapers and magazines;
g. audio and video recordings and computer software of which the consumer has broken the seal;
h. hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
b. where the delivery has begun with the express consent of the consumer before the withdrawal period has expired;
c. relating to betting and lotteries.

Article 9 - The Price
During the period of validity mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after 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. 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 warranty does not apply if:

• the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used contrary to the instructions of the entrepreneur and/or the packaging;

• the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Artikel 11 – Delivery and Execution (EN)
The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed fully or partially, the consumer will be informed no later than 30 days after placing the order. In such case, the consumer has the right to cancel the contract at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. No rights can be derived from the stated deadlines. Exceeding a deadline does not give the consumer the right to compensation.
In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated and notified representative, unless expressly agreed otherwise.
The consumer may select the option “insured shipping” to obtain compensation for damage caused by shipping parties. The entrepreneur is not responsible for loss or damage caused by shipping companies.
The cost of returning products damaged by shipping companies is borne by the consumer.

Artikel 12 – Long-term Transactions: Duration, Termination and Extension (EN)
Termination
The consumer may terminate a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time at the end of the specified term, observing the agreed termination rules and a notice period of no more than one month.
Contracts mentioned in the previous paragraphs can be terminated at any time, not limited to a specific date or period; at least in the same way they were concluded; always with the same notice period the entrepreneur applied for himself.

Extension
A contract concluded for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain period.
However, a fixed-term contract aimed at the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly extended for a maximum of three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract aimed at the regular delivery of products or services may only be tacitly extended indefinitely if the consumer may terminate at any time with a notice period of no more than one month, and for less than monthly delivery of daily, news, or weekly newspapers and magazines, a notice period of no more than three months applies.
A limited trial subscription for the delivery of daily, news, or weekly newspapers and magazines is not tacitly continued and automatically ends at the end of the trial period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed end date.

Artikel 13 – Payment (EN)
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Artikel 14 – Complaints Procedure (EN)
The entrepreneur has a sufficiently published complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the execution of the contract must be submitted fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur are answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
For complaints, the consumer should first contact the entrepreneur. If the complaint cannot be resolved amicably, the consumer may contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached, the consumer may have the complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; its decision is binding, and both entrepreneur and consumer agree to this binding decision. Costs for submitting a dispute are borne by the consumer. Complaints may also be submitted via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur expressly states otherwise in writing.
If a complaint is found justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at its discretion.

Artikel 15 – Disputes (EN)
Contracts between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Artikel 16 – Additional or Deviating Provisions (EN)
Gift vouchers are not redeemable for cash.
Gift vouchers are valid for one year from the date of issue.

Artikel 17 – Blog and Community (EN)
On Marjems.nl and Marjems.blog, we use a blog and a community/forum where visitors can read information and share experiences. We expect users to treat each other respectfully. Comments that are discriminatory, offensive, or commercial may be removed without prior warning.
By using our blog and community, you agree to these rules of conduct. Marjems.nl reserves the right to moderate content or restrict accounts in cases of misuse.