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 is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day:
Calendar day.

Continuous performance contract:
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 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 organised system for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.

Means of distance communication:
Any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.

General Terms and Conditions:
These 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 prior to the conclusion of the distance contract that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph and before the contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated prior to the conclusion of the distance contract where the General Terms and Conditions can be accessed electronically and that they will be provided free of charge upon request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the above paragraphs apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions shall remain in force. The invalid provision will be replaced by mutual agreement with a provision that most closely reflects the intent of the original.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Any 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.

All offers are without obligation. The entrepreneur reserves the right to amend or withdraw offers.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment. If images are used, they are a true representation of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images represent the products truthfully; however, the entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer includes sufficient information so that the consumer clearly understands the rights and obligations attached to acceptance, including in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will collect import VAT (with or without customs clearance costs) from the recipient;

  • any shipping costs;

  • how the agreement will be concluded and what actions are required;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period during which the offer can be accepted or the price guaranteed;

  • any additional communication costs exceeding the standard rate;

  • whether the agreement will be archived and how it can be accessed;

  • how the consumer can review and correct provided data before concluding the agreement;

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

  • applicable codes of conduct and how they can be consulted electronically;

  • the minimum duration of the agreement in the case of a continuous performance contract.

Optional: available sizes, colours, and materials.

Article 4 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until confirmation is received, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure electronic data transmission and ensure a safe online environment. Appropriate security measures will be applied for electronic payments.

The entrepreneur may verify whether the consumer can meet payment obligations. If there are valid grounds for refusal, the entrepreneur may reject an order or impose special conditions.

The entrepreneur will provide the consumer, in writing or on a durable data carrier, with:

  • the business address for submitting complaints;

  • information regarding the right of withdrawal or its exclusion;

  • warranty and after-sales service information;

  • the information referred to in Article 4(3), unless already provided;

  • cancellation requirements for agreements exceeding one year or of indefinite duration.

For continuous performance contracts, this obligation applies only to the first delivery.

All agreements are concluded subject to sufficient product availability.

Article 5 – Right of Withdrawal

The consumer may withdraw from the agreement within 14 days without giving any reason. This period begins the day after receipt of the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether it should be kept. If the right of withdrawal is exercised, the product must be returned with all accessories and, where reasonably possible, in its original condition and packaging.

The consumer must notify the entrepreneur of withdrawal within 14 days after receiving the product, in writing or by email. The product must then be returned within 14 days. Proof of timely return may be required.

If the consumer fails to meet these deadlines, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

Any payments made will be refunded as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described below, provided this is clearly stated in the offer before the agreement is concluded.

Exclusion applies to products:

  • made to consumer specifications;

  • clearly personal in nature;

  • unsuitable for return;

  • subject to rapid deterioration;

  • whose price is subject to financial market fluctuations;

  • newspapers and magazines;

  • unsealed audio/video recordings or software;

  • unsealed hygiene products.

Exclusion also applies to services:

  • accommodation, transport, restaurant services, or leisure activities for specific dates;

  • services begun with the consumer’s express consent before the cooling-off period expires;

  • betting and lotteries.

Article 8 – Prices

Prices will not be increased during the stated validity period, except for changes in VAT rates.

Variable pricing may apply to products subject to financial market fluctuations, which will be clearly stated.

Price increases within three months are permitted only if legally required. After three months, only if agreed and cancellable by the consumer.

Delivery takes place outside the EU. Import VAT and customs costs will be charged by the carrier. No VAT will be charged by the entrepreneur.

Typographical errors are not binding.

Article 9 – Identity of the Entrepreneur

Business name: Marthino
Business address: For privacy reasons, we kindly ask that you contact us through our contact form for more information.
Email: marthinoshop@gmail.com
Chamber of Commerce number: For privacy reasons, we kindly ask that you contact us through our contact form for more information.
VAT ID: For privacy reasons, we kindly ask that you contact us through our contact form for more information.

Article 10 – Conformity and Warranty

Products comply with the agreement, specifications, and applicable legal standards.

Any defects must be reported within 14 days. Products must be returned unused and in original packaging.

The warranty period equals the manufacturer’s warranty. The entrepreneur is not responsible for suitability for individual use.

Warranty does not apply in cases of misuse, repairs by third parties, or improper handling.

Article 11 – Delivery and Execution

Orders are handled with care and delivered within 30 days unless otherwise agreed.

Delays or partial delivery will be communicated. Consumers may terminate the agreement if delivery fails.

Replacement products may be supplied. Return costs in such cases are borne by the entrepreneur.

Risk transfers upon delivery to the consumer.

Article 12 – Continuous Performance Contracts

Consumers may cancel indefinite contracts with up to one month’s notice.

Fixed-term contracts may be cancelled at the end of the term with up to one month’s notice.

Automatic renewal is restricted according to legal standards.

Article 13 – Payment

Payments must be made within 7 working days unless otherwise agreed.

Consumers must report payment errors promptly.

Reasonable collection costs may apply in cases of non-payment.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days of discovery.

Complaints will be answered within 14 days.

Unresolved complaints constitute a dispute subject to dispute resolution.

Article 15 – Governing Law

All agreements are governed exclusively by Dutch law.

Article 16 – CESOP

Due to measures introduced from 2024 under EU payment services legislation, payment service providers may register transaction data in the European CESOP system.