Terms and Conditions

This page contains the general terms and conditions of MARBRISHOP. We recommend that you actually read these conditions before ordering products from us. The moment you make a purchase from us, this means that you as a consumer agree to all the conditions below.

Table of contents
Article 1 - Definitions
Article 2 - Identity of entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs and/or exclusion of right of withdrawal
Article 8 - Prices
Article 9 - Conformity and warranty
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Complaints procedure and disputes

Article 1 - Definitions
In these conditions the following definitions apply:
  1. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur;
  2. Reflection period : the period within which the consumer can exercise his right of withdrawal;
  3. 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;
  4. Duration 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;
  5. Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Model form : the model form for withdrawal that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
  8. Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance agreement : an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

Article 2 - Identity of the entrepreneur
Marbri Shop VOF trading under the name(s): MARBRISHOP
is located in Rotterdam under Chamber of Commerce number 89119266 .
The business address is not for visitors
VAT identification number: NL864884436B01
Email: info@marbrishop.com
Accessibility: via email, 5 days a week from 9:00 AM - 5:00 PM

Article 3 - Applicability
  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer on the website. If this is not possible, the entrepreneur will indicate before the agreement is concluded how the general terms and conditions will be visible to the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding 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 read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .
  5. Parties can only deviate from these conditions if the entrepreneur and consumer have expressly agreed in writing.

Article 4 - The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 - The agreement
  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for justifying the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about warranties and existing after-sales service;
    4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal
  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days, without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product.
  3. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer 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.

Article 7 - Costs and/or exclusion of right of withdrawal
  1. In case of right of withdrawal, the costs of shipping and/or return will be at his expense.
  2. We will then refund the order amount due within 14 days of receiving your return. Used products and products for which the seal (or plastic packaging) has been broken cannot be returned for hygienic reasons. If it turns out that a used product has been returned, the purchase price will not be refunded. Keep the return ticket you receive at the post office, this is proof of returning your package back to our warehouse.
  3. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  4. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  5. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  6. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 8 - Prices
  1. 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 as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. these are the result of legal regulations or provisions; or
    2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 9 - Conformity and warranty
  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
  4. 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.
  5. The warranty does not apply if:
    • The damage is due to normal wear and tear by the consumer;
    • The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties.

Article 10 - Delivery and execution
  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 11 - Payment
  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
  4. If you pay for your order via AfterPay (pay afterwards), if the option is made available, you also agree to the terms and conditions of AfterPay. You can find this here: http://www.afterpay.nl/consument-voorwaarden

Article 12 - Complaints procedure and disputes
  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be processed within a period of 2 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 5 working days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a contact form on the website.
  5. The consumer must give the entrepreneur at least 3 working days to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
  6. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
  7. The Vienna Sales Convention does not apply.