mantawall

Legal

Terms and conditions

Table of contents:

  • Article 1 - Definitions
  • Article 2 - Identity of the trader
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in the event of withdrawal
  • Article 8 - Exclusion of the right of withdrawal
  • Article 9 - The price
  • Article 10 - Conformity and warranty
  • Article 11 - Delivery and performance
  • Article 12 - Continuing performance contracts: duration, termination and renewal
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Disputes
  • Article 16 - Additional or differing provisions

Article 1 - Definitions

In these terms the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Continuing performance 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 medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the trader makes available, which a consumer can complete when they wish to exercise their right of withdrawal;
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract in which, within the framework of a system organised by the trader 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 contract;
  10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time;
  11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Walljar B.V., trading as Mantawall

Address: Zwaanshals 362, 3035 KS Rotterdam, The Netherlands

Email address: info@mantawall.com

Phone number: +31 10-261 39 77

Chamber of Commerce (KvK) number: 89869656

VAT identification number: NL865137729B01

Availability: Monday to Friday, between 9:00 and 17:30 (except on public holidays)

Article 3 - Applicability

  1. These terms and conditions apply to every offer of the trader and to every distance contract and order concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded it will be indicated that the terms and conditions can be inspected at the trader and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer may always rely on the applicable provision most favourable to them.
  5. If one or more provisions in these terms and conditions are at any time wholly or partly null and void or annulled, the contract and these terms will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer is without obligation. The trader is entitled to amend and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
  5. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the trader immediately confirms receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. Within statutory frameworks, the trader may inform themselves whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to performance.
  5. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
  2. During the cooling-off period the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receipt of the product. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of dispatch.
  4. If the customer has not indicated within the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is a fact.

Note: for products made to measure and/or with a custom design, the right of withdrawal is excluded (see article 8).

Article 7 - Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of return shipping are borne by them.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
  3. If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product.
  4. The consumer cannot be held liable for a decrease in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

  1. The trader can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been produced by the trader in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • the price of which is subject to fluctuations in the financial market over which the trader has no influence.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices are stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. The prices stated in the offer of products or services are inclusive of VAT.
  5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement.
  2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Return of the products must take place in the original packaging and in new condition.
  4. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or on the packaging;
    • the unsoundness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Accepted orders are carried out expeditiously 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 carried out or only partially, the consumer will be notified no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement free of charge.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination and renewal

The consumer may at any time terminate an agreement entered into for an indefinite period and intended for the regular delivery of products or services, subject to the agreed termination rules and a notice period of no more than one month. An agreement entered into for a definite period may not be tacitly extended or renewed for a definite duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid according to the payment methods offered on the website.
  2. The consumer has the duty to report inaccuracies in payment data provided or stated to the trader without delay.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement procedure.

Article 15 - Disputes

  1. Agreements between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions or provisions differing from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.