Terms&Conditions

Operator: This website is operated by Maya’s. Throughout the site, the terms “we”, “us” and “our” refer to Maya’s. Maya’s offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms & Conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any services.
If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.

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Article 1 – Definitions

• Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

• Consumer: the natural person who is not acting for purposes relating to trade, business, craft or profession and enters into a distance contract with the trader.

• Day: calendar day.

• Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

• Durable medium: any means that enables the consumer or the trader to store information addressed to them personally in a way that allows future reference for a period adequate for the purpose, and which allows unchanged reproduction of the stored information.

• Right of withdrawal: the consumer’s option to terminate the distance contract within the cooling-off period.

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

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

• Means of distance communication: a method that can be used for concluding a contract without the consumer and trader being simultaneously present in the same place.

• Terms & Conditions: these Terms of Service of the trader.

Article 2 - Applicability

These Terms apply to every offer from the trader and to every distance contract concluded between the trader and the consumer, including any orders.
Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, prior to conclusion it will be indicated where the Terms can be inspected and that they will be sent free of charge upon request.
If the contract is concluded electronically, the text of these Terms may be supplied electronically in such a way that the consumer can store them on a durable medium.
Where specific product or service conditions also apply, these Terms apply in addition; in the event of conflict, the consumer may rely on the provision most favorable to them.
If any provision of these Terms is wholly or partially void or voided, the remainder remains in force and the parties will replace the invalid provision with a valid one that most closely reflects the intent.
Situations not covered by these Terms and ambiguities regarding interpretation shall be assessed in the spirit of these Terms.

Article 3 - The offer

If an offer has a limited duration or is made subject to conditions, this will be expressly stated.
The offer is non-binding; we may change or adjust the offer. The offer contains a complete and accurate description of the products and/or services offered, sufficient to enable a proper assessment by the consumer. If images are used, they are a truthful representation. Obvious mistakes or errors do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution. Displayed colors may differ slightly from actual product colors.
Each offer clearly states the consumer’s rights and obligations upon acceptance, including:

• the price (excluding any customs clearance fees and import VAT if applicable). These additional costs, where applicable, are for the customer. Postal/courier services may collect import VAT (and any clearance fees) from the recipient;

• any shipping costs;

• the manner in which the contract will be concluded and which actions are required;

• whether the right of withdrawal applies;

• the method of payment, delivery and performance;

• the period for accepting the offer or the period during which the price is guaranteed;

• the rate for distance communication if it differs from the basic rate;

• whether the contract will be archived and, if so, how it can be consulted by the consumer;

• how the consumer, before concluding the contract, can check and correct the data provided;

• the languages in which the contract can be concluded (besides Dutch);

• codes of conduct to which the trader has subscribed and how these can be consulted electronically;

• the minimum duration of a distance contract in case of a long-term transaction;

• optional: available sizes, colors, materials.

Article 4 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer accepts electronically, the trader will promptly confirm receipt of acceptance. Until receipt is confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may—within legal limits—obtain information about the consumer’s ability to meet payment obligations and other facts relevant to responsibly concluding a distance contract. If, based on this investigation, the trader has good grounds not to conclude the contract, the trader may refuse an order or attach special conditions.
With the product or service the trader will provide, in writing or on a durable medium:

1. the trader’s address for complaints;

2. the conditions and method for exercising the right of withdrawal, or a clear statement if excluded;

3. information regarding warranties and after-sales service;

4. the data referred to in Article 4(3), unless already provided;

5. the cancellation requirements for contracts of more than one year or indefinite duration.
   For a long-term transaction, the previous paragraph applies only to the first delivery. Every contract is entered into subject to availability of the relevant products.

Article 5 - Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The cooling-off period starts on the day after the consumer or a third party indicated by the consumer (other than the carrier) receives the product.
During the cooling-off period the consumer shall handle the product and packaging with care, and only unpack or use it to the extent necessary to determine the nature, characteristics and functioning. If exercising the right of withdrawal, the consumer returns the product with all accessories, and—if reasonably possible—in the original condition and packaging, in accordance with reasonable and clear return instructions from the trader.
If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receipt (e.g., via written message/email). After notification, the consumer must return the product within 14 days. The consumer must be able to prove timely return (e.g., proof of shipment). If the consumer has not notified within the period in paragraph 2 and has not returned the product within the return period, the purchase becomes final.

Article 6 - Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has paid any amount, the trader will refund this amount as soon as possible and no later than 14 days after withdrawal, provided the product has been received back by the trader or conclusive proof of complete return has been supplied.

Article 7 - Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for products/services as described below, only if clearly stated in the offer (or in good time before conclusion):
Products:

1. made to the consumer’s specifications;

2. clearly personal in nature;

3. which by their nature cannot be returned;

4. that spoil or age quickly;

5. whose price depends on fluctuations in the financial market beyond the trader’s control;

6. loose newspapers and magazines;

7. audio/video recordings and computer software where the seal has been broken by the consumer;

8. hygienic products where the seal has been broken.
   Services:

9. relating to accommodation, transport, restaurant or leisure to be performed on a specific date or period;

10. that have begun with the consumer’s express consent before the cooling-off period ended;

11. relating to bets and lotteries.

Article 8 - Price

During the validity period stated in the offer, prices of offered products/services will not be increased, except for changes due to VAT adjustments.
By way of exception, products/services whose prices are tied to market fluctuations beyond the trader’s control may be offered at variable prices, which will be indicated.
Price increases within 3 months after conclusion are allowed only if due to legal regulations. After 3 months, only if the trader has stipulated this and: (1) due to legal regulations, or (2) the consumer may terminate the contract as of the date the increase takes effect.
Place of delivery for VAT purposes may affect import VAT/clearance fees. Where applicable, postal/courier services may collect import VAT (and clearance fees) from the recipient. The trader is not obliged to charge VAT in such cases.
All prices are subject to printing and typographical errors; such errors do not bind the trader.

Article 9 - Conformity and warranty

The trader warrants that the products/services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and legal/governmental requirements in force at the time of conclusion. If agreed, the trader also ensures suitability for use other than normal.
Any manufacturer’s/importer’s warranty does not affect the consumer’s statutory rights.
Defects or incorrectly delivered products must be reported in writing within 14 days after delivery. Returns must be in original packaging and as new.
The warranty equals the manufacturer’s warranty term. The trader is never responsible for ultimate suitability for every individual application, nor for any advice regarding product use.
Warranty is void if: the consumer (or a third party) repairs/works on the product; products are exposed to abnormal conditions or treated carelessly or contrary to instructions; or defects result from government regulations regarding materials used.

Article 10 - Delivery and execution

We exercise the utmost care in receiving and executing product orders.
Subject to Article 4, accepted orders are executed as soon as possible and no later than 30 days, unless the consumer agrees to a longer term. If delivery is delayed, or an order cannot (fully) be executed, the consumer will be notified within 30 days after ordering. The consumer may then dissolve the contract free of charge and is entitled to a refund.
In case of dissolution, the trader will refund amounts paid as soon as possible, no later than 14 days after dissolution.
If delivery of an ordered product is impossible, the trader will strive to provide a replacement item and clearly indicate this upon delivery. For replacements, the right of withdrawal cannot be excluded. Return costs for such replacements are borne by the trader.
Risk of damage and/or loss rests with the trader until delivery to the consumer or a representative designated by the consumer, unless otherwise expressly agreed.

Article 11 - Long-term transactions: duration, termination and renewal

Termination. The consumer may terminate an indefinite contract for the regular supply of products or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products/services at the end of the term, with a notice period of no more than one month.
The consumer can: terminate at any time; use the same method used to enter into the contract; and terminate on the same notice period the trader has for itself.
Renewal. A fixed-term contract for the regular supply of products/services may not be tacitly extended or renewed for a fixed term, except that newspaper/magazine subscriptions may be tacitly extended for up to three months with a one-month termination right.
A fixed-term contract for the regular supply of products/services may be tacitly extended for an indefinite period only if the consumer may terminate at any time with a notice period of no more than one month (or three months if delivery is less than once per month).
Trial/intro subscriptions end automatically after the trial period.
If a contract lasts more than one year, the consumer may terminate after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed end date.

Article 12 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period (Article 6(1)). For service contracts, this period starts after the consumer receives confirmation.
The consumer must promptly report inaccuracies in provided or stated payment data.
In case of non-payment, the trader, subject to legal limitations, is entitled to charge the consumer reasonable costs made known in advance.

Article 13 - Complaints procedure

Complaints regarding the execution of the contract must be submitted to the trader within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints will be answered within 14 days from receipt. If a complaint foreseeably requires a longer processing time, we will respond within 14 days with an acknowledgment and an indication of when a more detailed answer can be expected.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution provisions. A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing. If a complaint is well-founded, the trader will, at its option, replace or repair the products free of charge.

Article 14 - Disputes

These Terms and any contracts between the trader and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 15 - Contact information

Questions about these Terms can be sent to [Support@bymayas.Com].