Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders and agreements from MarsDeco. 1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions. 1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the remaining provisions will remain fully in force. 1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements on behalf of MarsDeco, are likewise stipulated on behalf of intermediaries and other third parties engaged by MarsDeco.
Article 2. Offers / agreements
2.1 All offers from MarsDeco are without obligation and MarsDeco explicitly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.3. 2.2 An agreement is only concluded after acceptance of your order by MarsDeco. MarsDeco is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, MarsDeco will inform you of this within ten (10) working days after receiving the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing. 3.2 Payment can only be made via iDeal, PayPal and prepayment. 3.3 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by MarsDeco.
Article 4. Delivery
4.1 The delivery times specified by MarsDeco are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, 4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
Article 5. Reservation of ownership
5.1 The ownership of the products supplied will only transfer if you have paid everything you owe to MarsDeco pursuant to any agreement. The risk with regard to the products is transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by MarsDeco. 6.2 MarsDeco does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to examine on delivery whether the products meet the agreement. If this is not the case, you must inform MarsDeco of this in writing / email and with a motivated explanation as soon as possible and in any case within seven (7) working days after the delivery, or at least after observation was reasonably possible. 7.2 If it is demonstrated that the products do not comply with the agreement, MarsDeco has the option of replacing the products in question with new products or returning the invoice value thereof. 7.3 If you do not wish to purchase a product for whatever reason, you as a private individual have the right to return the product to MarsDeco within seven (7) working days after delivery. In this case, return shipments are only accepted if the packaging of the product is undamaged, whereby the costs for return shipments are for your expense.
Article 8. Warranty
8.1 If MarsDeco delivers products to the customer, MarsDeco is never obliged to provide a more far-reaching guarantee towards the customer than that which MarsDeco can claim against its supplier. Complaints due to externally noticeable defects must be submitted in writing in accordance with the contract conditions, but no later than 7 (seven) days after receipt of the goods by the client. For Consumers a period of 30 (thirty) days applies. Complaints received by MarsDeco after the expiry of this period need not be processed by MarsDeco.
Article 9. Orders / communication
9.1 For misunderstanding, mutilation, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and MarsDeco, or between MarsDeco and third parties, insofar as it relates to the relationship between you and MarsDeco, MarsDeco is not liable, unless and insofar as there is intent or gross negligence on the part of MarsDeco.
Article 10. Force majeure
10.1 Without prejudice to the other rights vested in it, in the event of force majeure, MarsDeco has the right, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by informing you of this in writing and this without MarsDeco being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness. 10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to MarsDeco, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.
Article 11. Miscellaneous
11.1 If you make a written statement to MarsDeco about an address, MarsDeco is entitled to send all orders to that address, unless you make a written statement to MarsDeco from another address to which your orders must be sent. 11.2 If MarsDeco allows deviations from these Terms and Conditions, whether or not tacitly for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that MarsDeco applies these Terms smoothly. 11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with MarsDeco should conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new legally permissible comparable provision to be established by MarsDeco . 11.4 MarsDeco is authorized to make use of third parties in the execution of your order (s).
Article 12. Applicable law and competent court
12.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.
12.2 All disputes between parties will only be submitted to the competent court in the Netherlands.