General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following is understood by:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him, in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility 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 remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby up to and including the conclusion of the contract, only one or more means of remote communication are used;
Means of remote communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location.
Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Noah van Stralen
Chamber of Commerce number: 98238574
Trade name: Maison Ottawa
VAT number: NL005319227B22
Customer service email:maisonottawa@outlook.com
Business address: Sneeuwgans 24, 1688WT
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between entrepreneur and 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 before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always invoke the provision that is most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the contract and these terms and conditions will remain in force for the rest, and the relevant provision will be immediately replaced by a provision that approximates the original intent as closely as possible.
Situations not covered in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms should be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains sufficient information so that the consumer understands the rights and obligations associated with accepting the offer. This particularly concerns:
the price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for mail and courier services regarding import. This arrangement applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are necessary;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for remote communication if the costs of using the means of remote communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided in the context of the contract;
any other languages in which the contract can be concluded besides Dutch;
the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The contract
The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal limits – ascertain whether the consumer can fulfill his payment obligations, as well as all facts and factors relevant for responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the contract based on this investigation, he is entitled to refuse an order or request with justification or attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored accessibly on a durable data carrier:
the visiting address of the entrepreneur's branch where the consumer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
information about guarantees and existing post-purchase service;
the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before execution of the contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.