Download general terms and conditions

Terms & Conditions

To order from the website the customer will need to accept the conditions described below.

Article 1     Definitions
Article 2     Identity of the trader
Article 3     Applicability
Article 4     The offer
Article 5     The contract
Article 6     Right of withdrawal
Article 7     Customers who exercise their right of withdrawal and the costs involved
Article 8     Precluding the right of withdrawal
Article 9     The price
Article 10   Contract fulfillment and extra guarantee
Article 11   Delivery and implementation
Article 12   Website
Article 13   Payment
Article 14   Complaints procedure
Article 15   Disputes
Article 16   Shipments to destinations outside of the EU

Article 1 - Definitions
The following definitions apply to these terms and conditions:

Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader
Withdrawal period: the period within which a consumer can make use of his right of withdrawal
Consumer/customer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business
Day: calendar day
Digital content: data that are produced and supplied in digital form
Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time
Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information
Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period
Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance
Distance contract: a contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded
Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader
MariMarlo VOF
Rijksstraatweg 1
8131 PB Wijhe
the Netherlands

T +31 06-43444629 / 06-42481931
Chamber of Commerce number: 84482400
VAT identification number: NL863228719B01

hereinafter also referred to as ‘MariMarlo’

Article 3 - Applicability
3.1 These general terms and conditions apply to every offer made by MariMarlo and to every distance contract that has been realized between MariMarlo and a consumer.
3.2 Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3.3 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
3.4 In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
3.5 If one or several of the provisions in this terms and conditions are or become invalid in part or as a whole, the effectiveness of the other provisions shall not be affected. In place of the ineffective provision, another legal provision shall take effect which corresponds to the original intention of this terms and conditions.
3.6 Situations not covered by these terms and conditions should be judged in the spirit of these conditions.
3.7 If uncertainty exists regarding the interpretation of one or more provisions of these general terms and conditions, then the explanation shall be found in the spirit of these conditions.

Article 4 - The offer
4.1 Product offers on the website are valid within the limits of the stock available.  
4.2 The offers on the website of MariMarlo are free of obligations. MariMarlo is free to change the range of products.
4.3 The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
4.4 All images, (product)specifications and data on the website of MariMarlo are indicative and cannot lead to damage compensation or termination of the agreement. 
4.5 Pictures of the products are truthful images of the products. MariMarlo strives to ensure that the item colors shown on the website are as close to the real colors as possible. Every effort has been made to accurately display the color of the leather you are viewing. Differences in computer monitors, internet connections, and the processor in your computer could cause colors to appear in shades or tones that are not accurate. Even if all monitors displayed the same colors, due to the nature of leather tanning processes there are slight differences between batches of leather.
MariMarlo cannot guarantee that the colors of the items as shown on the website agree exactly with the actual colors. MariMarlo holds no responsibility for possible color deviations.
4.6 Our products are made of leather. Leather is a natural product and has unique characteristics.
Small imperfections in the leather are a natural occurrence since it can vary in color, surface and texture due to the tanning process. These are not considered defects, but rather a natural characteristic of the leather. MariMarlo holds no responsibility for these imperfections in the leather and natural deviations of the leather.

Article 5 - The contract
5.1 The contract will be concluded at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
5.2 The contract can only be concluded after the consumer has accepted this general terms and conditions.
5.3 If the consumer has accepted the offer electronically, MariMarlo will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by MariMarlo.
5.4 If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
5.5 Every agreement is entered into on the part of the trader to the suspensive condition that there is enough availability of the ordered product.

Article 6 - Right of withdrawal
6.1 Upon delivery of products when purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of 14 days. This period commences on the day after the product was received by the consumer. The trader is allowed to ask a consumer for the reason for this dissolution, but the consumer is under no obligation to state his/her reason(s).
6.2 During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
6.3 A consumer who wants to exercise his right of withdrawal shall report this to MariMarlo, within the withdrawal period as referred to in para. 1 in an unequivocal way like e-mail. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
6.4 If the customer after the expiration of the period as referred to in para 1 and 3 has not used his right to dissolve the contract or has not returned the product to the trader the purchase will be final.

Article 7 - Consumers who exercise their right of withdrawal and the costs involved
7.1 The consumer who exercises his right of withdrawal bears the direct costs of returning the product.
7.2 If the consumer has paid for the product MariMarlo reimburses the consumer immediately with the payment though at the latest within 14 days after the day on which the consumer reported the withdrawal. The trader can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
For any reimbursement, MariMarlo will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method.
7.3 If the returned products arrive in a damaged state, incomplete or used, the amount of damage will be deducted from the refund as mentioned in para. 2 of this article.

Article 8 - Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to the conclusion of the contract:
  • products manufactured according to the consumer’s specifications
  • personal products.
Article 9 - The price
9.1 The prices mentioned in the offer of the products are inclusive of VAT but exclude costs of delivery.
9.2 All prices on the site are subject to printing and type errors. For the impact of these misprints or mistakes no liability is accepted. In case of printing and type errors MariMarlo is not obliged to deliver the products for this incorrect price.
9.3 The shipping costs will be calculated separately and presented to the consumer
prior to the concluding of the agreement.
9.4 MariMarlo has the right to change the prices on the website at any time. The products will be invoiced based on the prices applicable upon the ordering date.

Article 10 - Contract fulfillment and extra guarantee
10.1 The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
10.2 If it appears that products are incorrect or incomplete the consumer has to report this in writing within 30 days after delivery to the trader. All products must be returned in the original package and in new condition.
10.3 The warranty of the trader corresponds to the manufacturer’s warranty period. However the trader is never liable for the suitability of the products for each individual application at the customer, nor for any advice on the use or application of the products.
10.4 De warranty will not apply if:
  • the customer himself has repaired and/or modified the delivered products or when the products have been repaired and/or modified by a third party on the customer’s behalf;
  • the delivered products have been exposed to abnormal conditions or improper use by non-compliance with the operating or manufacturer’s instructions;  
  • the damage results from government regulations on the nature and quality of the materials used.

Article 11 - Delivery and implementation
11.1 MariMarlo will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.2 The place of delivery is deemed to be the address that the consumer makes known to the company.
11.3 Taking into consideration that which is stated in para. 4 of this article, the trader will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract. The consumer shall in that case have no right to compensation.
11.4 Delivery dates are always indicative and should never be regarded as final deadlines. The time limits are not legally binding and no rights can be derived from delivery dates. If the delivery time has been exceeded the consumer has no right to any compensation.
11.5 In case of dissolution referred to in para. 3 of this article the trader will refund the sum as quickly as possible, though at the latest within 14 days after the dissolution.
11.6 Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly at the latest upon delivery.
11.7 The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader unless this has explicitly been agreed otherwise.

Article 12 – Website
12.1 MariMarlo does not guarantee that all functions of the site will always be available without faults or interruptions nor that all faults will be corrected.
12.2 MariMarlo takes no responsibility for any damage the consumer may suffer from any breakdown and/or (temporary) inaccessibility of the website or a technical problem.
12.3 MariMarlo has the right to make changes to the website at any time.
12.4 The consumer should act in accordance with what is expected of a responsible and careful internet user when using the website.
12.5 It is not allowed to avoid security applications or hack into the website of MariMarlo.
12.6 It is not allowed to use the website in a way that the proper functioning of the computer system of MariMarlo or third parties might be affected or harass other users of the website of MariMarlo.

Article 13 - Payment
13.1 As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 7 days after commencement of the withdrawal period (referred to in article 6 para. 1). All orders, irrespective of the country of origin of the consumer, shall be paid in euros.
13.2 MariMarlo offers the following payment methods: iDeal, Bancontact, PayPal, Visacard and Mastercard. It is also possible to transfer the invoice amount to our bank account before purchase.
13.3 The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
13.4 In case of non-payment by the consumer MariMarlo has the right, considering legislation, to charge an amount that is previously communicated to the consumer.

Article 14 - Complaints procedure
14.1 Complaints must be reported to MariMarlo within 30 days after the product was received by writing a mail to
14.2 Complaints will be answered by MariMarlo within 14 days of receipt of the e-mail referred to in para 1. If it will take more time to answer MariMarlo will give an indication of the period within which the consumer can expect a more detailed response.
14.3 A complaint does not suspend the payment obligation unless otherwise is agreed in writing.
14.4 If a complaint is justified MariMarlo shall choose either to replace or repair the product.

Article 15 - Disputes
15.1 Dutch law is applicable to the agreement between MariMarlo and the consumer.
15.2 The applicability of the Vienna Sales Convention is excluded.
15.3 Any dispute between MariMarlo and the consumer shall be submitted to the competent court in the district in which MariMarlo has his place of business.

Article 16 – Shipments to destinations outside of the EU
All shipments to destinations outside of the EU may be subject to import duties and taxes, which are levied by the importing country at the time the shipment arrives in that country. All applicable duties, fees and any additional charges for customs clearance are the customer’s expense and responsibility.