Terms of service
Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise or the context shows otherwise:
- Maame Tumi: the user of these general terms and conditions: “Maame Tumi”, located at Irenelaan 44, 6165CP Geleen, registered in the trade register of the Chamber of Commerce under Chamber of Commerce number 77189914;
- agreement: the agreement between Maame Tumi and the customer;
- customer: the natural person or company that orders one or more products from Maame Tumi via the website;
- consumer: the customer being a natural person who does not act in the course of his profession or his business;
- company: the customer being a legal person or the natural person acting in the course of his profession or his business;
- product: the product that Maame Tumi supplies;
- website: the website www.maametumi.com operated by Maame Tumi and where products can be ordered.
Article 2. General
2.1. These general terms and conditions apply to all agreements between Maame Tumi and the customer that are concluded via the website.
2.2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or by e-mail.
2.3. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions remain fully applicable. The void or voided provisions will be replaced by Maame Tumi, taking into account the purpose and intent of the original provision(s) as much as possible.
2.4. If Maame Tumi does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Maame Tumi would to any extent lose the right to ensure strict compliance with the provisions of these general terms and conditions in other cases. to desire.
Article 3. Offer
3.1. Maame Tumi's offer is without obligation.
3.2. Obvious mistakes or errors on the website are not binding on Maame Tumi.
3.3. The range offered on the website is subject to change.
4.1. When using the website, the customer must behave in accordance with what may be expected of a responsible and careful internet user.
4.2. The customer is not allowed to circumvent or crack the security applications on the website.
4.3. The customer is not allowed to use the website in such a way that the correct functioning of computer systems of Maame Tumi or third parties is affected or that other users of the website are hindered or impeded.
Article 5. Prices and shipping costs
5.1. The stated prices of the products are in euros and include VAT and exclude shipping costs.
5.2. Before the agreement is concluded via the website, the amount of the shipping costs will be communicated to the customer.
5.3. Maame Tumi reserves the right to adjust its prices from time to time.
Article 6. Conclusion of the agreement
6.1. The agreement is concluded after the customer has successfully completed the entire ordering process via the website.
6.2. The agreement can only be concluded via the website after the customer has clicked during the ordering process that he agrees with these general terms and conditions.
6.3. After the agreement has been concluded via the website, Maame Tumi will immediately send the customer a confirmation via e-mail. This confirmation e-mail contains the order number and other details of the customer's order. If the customer has not received a confirmation email from Maame Tumi, the customer should contact Maame Tumi. As long as the customer has not received a confirmation e-mail, the customer can dissolve the agreement.
Article 7. Account
7.1. The customer can create an account on the website. To do so, the customer must complete and submit the online registration form. After successfully completing the registration for the account, Maame Tumi will immediately send the customer a confirmation of the registration via email.
7.2. The customer is at all times responsible for his account on the website and login details. The customer must carefully keep his login details to himself. Maame Tumi cannot be held liable if unauthorized third parties use the customer's login details. If the customer finds that an unauthorized third party is using his account, the customer must inform Maame Tumi as soon as possible.
Article 8. Images
8.1. All images of products as well as associated specifications and data as shown on the website of Maame Tumi are approximate only and are only by way of indication of the relevant products. The product ultimately delivered to the customer is handmade (by hand) and may (for this reason) deviate to a certain extent from these images or specifications (for example, but not limited to color difference or different dimensions), which does not result in that the product does not correspond to the agreement. Minor deviations cannot be ruled out for handmade products.
Article 9. Payment
9.1. The customer can pay for the products ordered via the website in the following ways:
- via iDEAL;
- with a credit card.
9.2. Maame Tumi has taken appropriate security measures to ensure that electronic payment via the website is safe.
Article 10. Delivery
10.1. Maame Tumi will take the greatest possible care when receiving and executing orders for products.
10.2. The order will be delivered to the address specified by the customer.
10.3. All delivery times stated by Maame Tumi have been determined to the best of its knowledge and will be observed as much as possible.
10.4. If Maame Tumi cannot deliver the product within 30 days after the order has been placed via the website, Maame Tumi will inform the customer by e-mail and then the consumer has the right to dissolve the agreement free of charge, unless expressly a longer delivery period has been agreed with the consumer. If the consumer dissolves the agreement, Maame Tumi will refund the amounts already paid within 14 days after the termination.
10.5. The risk of the product passes to the customer at the moment that the customer has received the product.
10.6. Maame Tumi has the right to deliver the order in parts.
Article 11. Right of withdrawal for the consumer
11.1. The consumer has the right to dissolve the agreement during 14 days without stating reasons. This term starts to run from the moment the consumer has received the entire order from Maame Tumi. The consumer is informed of the right of withdrawal via the e-mail before delivery or in writing upon delivery of the ordered products.
11.2. During the withdrawal period as described in Article 11.1, the consumer will handle the product and packaging with care. The consumer will only use or unpack the product to the extent necessary to assess whether he wishes to keep the product.
11.3. If the consumer wishes to make use of his right of withdrawal, the consumer must expressly inform Maame Tumi within 14 days of receipt of the entire order. The consumer is provided with the "Model form for withdrawal" that the consumer can use if he wants to dissolve the agreement.
11.4. After the consumer has invoked his right of withdrawal, the consumer must return the product to Maame Tumi within 14 days, if undamaged and unchanged.
11.5. The consumer can also, without first informing Maame Tumi that he invokes his right of withdrawal, return the product to Maame Tumi within the withdrawal period as described in Article 11.1. In such a case, the consumer must enclose the “Model form for withdrawal” or another unambiguous statement showing that the consumer invokes his right of withdrawal with the return.
11.6. If the consumer electronically informs Maame Tumi that he is invoking his right of withdrawal, Maame Tumi will send the consumer a confirmation of receipt after receiving this notification.
11.7. If the returned product is damaged or contains traces of use, this damage will be deducted from the amount that Maame Tumi refunds to the consumer in accordance with article 11.10.
11.8. If the consumer dissolves the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the consumer.
11.9. The risk of the return shipment rests with the consumer. The consumer must sufficiently frank the return shipment. The burden of proof that the delivered products have been returned on time lies with the consumer. The consumer can prove this by means of proof of postal delivery.
11.10 In the event of a dissolution as described in this article, Maame Tumi will refund any monies already paid (purchase price + shipping costs for sending the order) within 14 days after the consumer has invoked his right of withdrawal and Maame Tumi has received the product back. If the consumer partially dissolves the agreement and not all products are returned, the shipping costs for sending the order will not be refunded to the consumer.
11.11. A document is sent to the consumer called “Information regarding the exercise of the right of withdrawal” in which the procedures surrounding the right of withdrawal are explained to the consumer.
Article 12. Exception to the right of withdrawal
Article 11 does not apply to an order placed by a company via the website. A company cannot invoke the right of withdrawal and cannot cancel the concluded agreement free of charge.
Article 13. Obligations of the customer
13.1. The customer ensures that all information that he provides to Maame Tumi when the agreement is concluded is correct and complete.
13.2. If the information supplied by the customer is incomplete and/or incorrect, this will be entirely at the expense and risk of the customer.
Article 14. Complaints
14.1. The customer is obliged to check the delivered product(s) immediately upon receipt. If it appears that the delivered product is incorrect, defective or incomplete, the customer must (before proceeding to return to Maame Tumi) immediately after discovery in writing or by e-mail report these defects to Maame Tumi. Any defects or incorrectly delivered products must and can be reported to Maame Tumi in writing or by e-mail in the case of a consumer purchase at the latest up to 2 months and in all other cases within a reasonable time after delivery or after the discovery of the defect.
14.2. If the customer demonstrates that the delivered product does not comply with the agreement at the time of delivery, Maame Tumi will send a replacement product to the customer free of charge or credit and refund the price of the product.
14.3. Complaints about the delivered product will not be processed (further) if:
- defects are the result of improper use;
- the product is not used in accordance with the agreed destination and, failing that, the usual destination;
- work and/or changes and/or repairs have been carried out to the product by the customer and/or third parties;
- the product has not been used in accordance with the instructions for use or with the technical specifications;
- damage to the product is caused by external circumstances, such as water damage, destruction, smoke, dirt and fire.
Article 15 Liability and limitation
15.1. Maame Tumi cannot be held to compensate any damage, which is a direct or indirect consequence of:
- an event that is in fact beyond its control and thus cannot be attributed to it, as described in Article 16, among other things;
- any act or omission of the customer, its subordinates, or other persons employed by or on behalf of the customer.
15.2. Maame Tumi is not liable for damage, of whatever nature, because Maame Tumi has based on incorrect and/or incomplete information provided by the customer.
15.3. Maame Tumi is not liable for any damage caused by temporary unavailability of the ordering option, inaccessibility or removal of its website for maintenance or otherwise.
15.4. The colors that can be seen on the customer's screen may differ from the colors that the product actually has. Maame Tumi is not liable for such color deviations.
15.5. Maame Tumi is not liable for any damage whatsoever caused by incorrect or incompetent use of the products or by using the products in violation of the instructions for use. The customer must carefully read the packaging and/or accompanying instructions for use before using the product.
15.6. Maame Tumi is not liable for damage if the customer or third parties have made unauthorized changes to the product.
15.7. Under no circumstances is Maame Tumi liable for damage that has arisen or is caused by the delivered product being used for a purpose other than that for which it is intended.
15.8. Maame Tumi cannot be held liable for discoloration of the product due to the effect of light.
15.9. Maame Tumi shall not be liable for any corruption or loss of data resulting from transmission of the data using telecommunications facilities.
15.10 Maame Tumi is never obliged to pay compensation as a result of consequential damage. Consequential damage is in any case considered to be: lost turnover, lost profit, lost savings, trading loss, business interruption, stagnation damage, delay damage, reputation damage, environmental damage, imposed fines and indirect damage, regardless of their origin.
15.11. If Maame Tumi should be liable for any damage, Maame Tumi's liability is limited to the amount of the payment made by Maame Tumi's insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, Maame Tumi's liability is limited, insofar as this is not in conflict with any mandatory statutory provision, to the amount that the customer has paid for the product to which the liability relates.
15.12. Claims rights and other powers of the customer for whatever reason vis-à-vis Maame Tumi will in any case expire after the expiry of 1 year from the moment a fact occurs that the customer can use these rights and/or powers against Maame Tumi, on the understanding that that a limitation period of 2 years applies to a consumer.
Article 16. Force majeure
16.1. Maame Tumi is not obliged to fulfill one or more obligations under the agreement or to pay compensation in the event of force majeure. Force majeure includes, among other things, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which Maame Tumi has no influence, but as a result of which Maame Tumi is unable to fulfill its obligations. Force majeure means in any case: weather influences; theft; power and internet failure; computer failure; virus infection or computer intrusion by third parties; floods, landslides and other natural disasters; terrorism; barriers by third parties, including governments; obstacles in transport; strikes; riots, wars or dangers of war; loss of or damage to products during transport; ex and import bans; fires, breakdowns and accidents in Maame Tumi's company; the burning of means of transport of Maame Tumi or the engaged transport company, the occurrence of malfunctions therein, being involved in accidents thereof; government measures.
16.2. Force majeure also includes a non-attributable shortcoming on the part of a supplier of Maame Tumi.
16.3. If Maame Tumi knows or suspects that it cannot deliver the order (partly) on time due to force majeure, Maame Tumi will inform the customer as soon as possible.
Article 17. Customer service
17.1. For questions about the order or to make a complaint, the customer can contact Maame Tumi customer service. Maame Tumi customer service can be reached:
- via the contact form on the website;
- via the e-mail address: firstname.lastname@example.org
17.2. Complaints submitted to Maame Tumi will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Maame Tumi will reply within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
Article 18. Intellectual property rights
18.1. The customer must fully and unconditionally respect all intellectual property rights that rest on the products delivered by Maame Tumi.
Article 19. Privacy
19.1. Maame Tumi processes personal data in accordance with its privacy statement on the website.
Article 20. Applicable law and competent court
20.1. Dutch law applies to the agreement between Maame Tumi and the customer.
20.2. All disputes regarding agreements between the customer and Maame Tumi will be submitted to the competent court in the district where Maame Tumi is located. The consumer has 1 month after Maame Tumi has invoked this clause in writing against the consumer, to choose the competent court according to the law to settle the dispute.