Terms and conditions

Company information
Mayara
support@mayarafashion.com

KVK 80867162
BTW-nummer NL003499425B81

Opening hours
Monday-Friday: 10:00-18:00

We aim to answer your email within 24 hours

ARTICLE 1 – DEFINITIONS

In these Terms and Conditions the following definitions apply:
Cancellation period : the period within which the consumer can 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 trader;

Instalment transaction : a distance contract relating to a series of products and/or services, the obligation to deliver and/or to take delivery of which is spread over time;

Durable medium : any means that enables the consumer or trader
to store information addressed to them personally in a way that makes future reference to and unaltered reproduction of the stored information
possible.

Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cancellation period;

Trader : the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract : a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication : means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.

Terms and conditions : these terms and conditions of the trader.

ARTICLE 2 – IDENTITY OF THE TRADER

Mayara

Email address: support@mayarafashion.com

KVK: 80867162
BTW-nummer: NL003499425B81

Opening hours
Monday-Friday: 10:00-18:00

We aim to answer your email within 24 hours.

ARTICLE 3 – APPLICABILITY

These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

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, then before the distance contract is concluded it will be indicated that the terms and conditions can be inspected at the trader’s premises
and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, then by way of derogation from 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 the consumer can
easily store it on a durable medium. If this is not
reasonably possible, then 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 to the consumer free of charge electronically or by other means at the consumer’s request.

In the event that, in addition to these terms and conditions, particular product or
service conditions also apply, the second and third paragraphs apply
accordingly, and in the case of conflicting
terms and conditions the consumer may always rely on the provision most favourable to them.

If at any time one or more provisions of these Terms and Conditions are wholly or partly void or are annulled, the Contract and these Terms and Conditions will remain in force for the remainder, and the provision concerned will immediately be replaced by a provision that comes as close as possible to the purpose of the original.

Situations not covered by these Terms and Conditions must be assessed ‘in the spirit’ of these Terms and Conditions.

Any uncertainty about the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted ‘in the spirit’ of these Terms and Conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this is stated expressly in the offer.

The offer is made without obligation. The trader has the right to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a fair assessment of the offer.

Where the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images and specification details in the offer are indicative and cannot give rise to any compensation or to rescission of the contract.

Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:

The price, excluding customs clearance costs and import duty. These additional costs are for the account and risk of the customer. The postal and/or courier service will benefit from the special scheme for postal and courier services relating to imports. This regime applies when the goods are imported into the Union country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;

Any delivery costs;

The way in which the contract is concluded and what steps are needed for this;

Whether or not the right of withdrawal applies;

The method of payment, delivery and performance of the contract;

The period for accepting the offer, or the period within which the trader guarantees the price;

The level of the charge for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
Whether the contract is archived after it has been concluded and, if so, how the consumer can consult it;

The way in which the consumer can check and, if necessary, correct the information they have provided in connection with the contract before the contract is concluded;

Any languages other than Dutch in which the contract can be concluded;

The codes of conduct to which the trader has subscribed and the way in which the consumer can consult those codes of conduct electronically;

The minimum duration of the distance contract in the case of an instalment transaction.
Optional: available sizes, colours, type of material.

ARTICLE 5 – THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the trader confirms receipt of the acceptance of the offer electronically without delay. For as long as receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the contract.

If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

The trader may – within the limits of the law – enquire whether the consumer is able to meet their payment obligations, as well as into all those facts and factors that are relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, the trader is entitled to refuse an order, to make a reasoned request, or to attach special conditions to performance.

The trader sends the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

● the visiting address of the trader’s establishment where the consumer can take complaints;
● the conditions under which and the way in which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
● the information about guarantees and existing after-sales service;
● the details set out in article 4 paragraph 3 of these terms and conditions,
unless the trader has already provided these details to the consumer before performance of the contract;
● the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of an instalment transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the condition precedent that the products concerned are sufficiently available.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option of rescinding the contract without giving reasons for 30 days. This cancellation period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

During the cancellation period the consumer will handle the product and the packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. 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.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 30 days of receipt of the goods. The consumer must make this known by means of a written message/email.
After the consumer has made known that they wish to exercise their
right of withdrawal, the customer must return the product within 30 days.
The consumer must prove that the goods delivered were returned in time, for example by producing proof of postage.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal, or has not returned the
product to the trader, the purchase is final.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer, unless the return is the result of an error or shortcoming on the part of the trader.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, and no later than 14 days after withdrawal.
This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of the complete return can be produced.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3.

In any event, the trader has stated this clearly in the offer in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

● created by the trader in accordance with the consumer’s specifications;
● which are clearly personal in nature;
● which by their nature cannot be returned;
● which can spoil or age quickly;
● whose price is tied to fluctuations on the financial market over which the trader has no influence;
● for individual newspapers and magazines;
● for audio and video recordings and computer software whose seal the consumer has broken.
● for hygiene products whose seal the consumer has broken.
Exclusion of the right of withdrawal is only possible for services:
● Accommodation, transport, catering or leisure activities to be performed at a particular time or during a particular period;
● the performance of which has begun, with the consumer’s express consent, before the end of the cancellation period;
● relating to betting and lotteries.

ARTICLE 9 – THE PRICE

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 resulting from changes in VAT rates.

If the price is reduced, the customer is not entitled to any compensation. On purchase, the customer agreed to the price then applying.

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations on the financial market and over which the trader has no influence at variable prices. These
fluctuations, and the fact that the prices stated are indicative, are indicated with the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to them and:

● they arise from statutory regulations or provisions; or
● The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The place of supply is based on article 5 paragraph 1 of the Wet op de omzetbelasting 1968 in the country where transport begins. In this case this supply takes place outside the EU. The postal or courier service then collects the import duty or customs clearance costs from the customer. No VAT is therefore charged to the trader.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences
of printing and typesetting errors. In the case of printing and
typesetting errors, the trader is not obliged to supply the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND GUARANTEE

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or
government regulations in force at the time the contract is concluded.
If agreed, the trader also warrants that the product is suitable for other than normal use.

A guarantee given by the trader, manufacturer or importer does not affect the
statutory rights and claims that the consumer can assert against the trader
under the contract.

Any defects or wrongly delivered products must be reported to the trader in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.

The trader’s guarantee period corresponds to the manufacturer’s guarantee period.
However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or worked on the products delivered themselves
or has had them repaired and/or worked on by third parties;
The products delivered have been exposed to abnormal conditions or have
otherwise been handled carelessly or handled contrary to the trader’s instructions and/or have been handled on the packaging;

The inadequacy is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The trader will exercise the greatest possible care when accepting and when carrying out orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions of article 4 of these terms and conditions, the company will carry out accepted orders with due speed, and no later than within 14 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 14 days after they placed the order. In that case the consumer has the right to rescind the contract free of charge and is entitled to compensation.
In the event of rescission in accordance with the previous paragraph, the trader will refund the amount the consumer has paid as soon as possible, and no later than 14 days after the rescission.

If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the latest on delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items the right of withdrawal cannot be excluded.
The costs of any return shipment in the case of a replacement item are borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 – INSTALMENT TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination

The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services, observing the termination rules agreed for this purpose and a notice period of no more than one month.

The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, observing the termination rules agreed for this purpose and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs at any time and is not restricted to termination at a particular time or in a
particular period; terminate at least in the same way as they were
received from them; always terminate with the same notice period as the trader has set for itself.

Renewal

A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may
not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily, news and
weekly papers and magazines may be tacitly renewed for a fixed period of
no more than three months, provided the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
A contract entered into for a fixed period which extends to the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer may at all times observe a notice period of no more than one month and a notice period of no more than one month, and terminate within three months if the contract extends beyond what was agreed but less than once a month, with daily, news and weekly papers and magazines.

A temporary contract for the regular delivery, by way of introduction, of daily, news and weekly papers and magazines (a trial or introductory subscription)
is not tacitly continued and ends automatically after the trial or
introductory phase.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days of the start of the cancellation period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the
contract.
The consumer has a duty to report inaccuracies in payment details provided or supplied to the trader without delay.

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

Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader are answered within a period of 14 days counted from the date of receipt. If a complaint requires a
foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute arises that is open to dispute resolution.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If the trader considers a complaint to be well founded, the trader will, at its own discretion, replace or repair the products delivered free of charge.

ARTICLE 15 - GOVERNING LAW AND DISPUTES

Mayara is a business established in the Netherlands and sells to consumers in the United Kingdom. Contracts between us are governed by Dutch law, but this does not affect the rights you have under the consumer law of the country in which you live. If you are a UK consumer, your statutory rights under UK consumer law continue to apply in full, and you may bring proceedings in the courts of the United Kingdom.

In particular, and in addition to the 30-day return period we offer voluntarily, you keep your statutory right to cancel a distance purchase within 14 days of receiving it, and your statutory rights in respect of goods that are faulty, not as described or not fit for purpose.

If you have a complaint, please email us first at support@mayarafashion.com. We aim to answer within 24 hours and to resolve complaints within 14 days.