Terms and conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

In these conditions the following terms are used:

Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available which a consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Conditions: the present General Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Matuu
De Vlei 14

1852KE Heiloo

Phone number: 085 - 000 37 96

Email address: info@matuu.eu
Chamber of Commerce number: 68645414

BTW-identificatienummer:NL002500726B61

Article 3 - Applicability

These general conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions at the entrepreneur to see and they are at the consumer's request as soon as possible be sent free of charge.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, the contract and these conditions for the rest remain in force and the provision concerned will in mutual consultation immediately be replaced by a provision that the scope of the original as far as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
The entrepreneur shall provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, no later than at the time of delivery of the product or service:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
For made-to-order products such as wallpapers and wall stickers, production starts only after payment. Once production has started, the consumer can no longer cancel or modify the agreement.

Article 6 - Right of withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. The reflection period starts on the day after the consumer, or a third party designated in advance by the consumer and made known to the entrepreneur, has received the product.
During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days after receiving the product. Notification must be made by means of the model withdrawal form or by another clear method, such as by e-mail. After the consumer has notified the entrepreneur of the withdrawal, the consumer must return the product within 14 days.

The consumer must provide proof that the goods have been returned on time, for example by means of a proof of shipment.
After a valid withdrawal of the agreement, the entrepreneur shall refund the amount paid by the consumer, including the original shipping costs, as soon as possible and at the latest within 14 days after receiving the return shipment or a proper proof of return. The refund shall be made using the same payment method as used by the consumer, unless the consumer expressly agrees to another method.
If the consumer has not indicated within the periods referred to in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur in that time, the purchase becomes final.

For delivery of services:

In the case of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of the right of withdrawal, the costs of return shipment shall be borne by the consumer at most.
If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible and at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or that the consumer can provide conclusive proof of full return shipment.
The refund shall be made using the same payment method that was used by the consumer, unless the consumer expressly agrees to another payment method.
In the event of damage to the product caused by careless handling by the consumer, the consumer shall be liable for any depreciation in value of the product.
The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This information must be provided before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for the products and services described in this article, provided that this was clearly stated in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is possible for products:

that are manufactured by the trader according to the consumer’s specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price depends on fluctuations in the financial market over which the trader has no influence;
single newspapers and magazines;
audio and video recordings and computer software once the consumer has broken the seal;
hygienic products where the seal has been broken after delivery.

For this webshop in particular, printed-to-order wallpaper, custom-made items, and personalized textile products are excluded from the right of withdrawal. These items are produced especially per order and can therefore not be returned.
Exclusion of the right of withdrawal is possible for services:

relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
where the execution has begun with the consumer’s explicit consent before the withdrawal period has expired;
relating to betting and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and typographical errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
Any defects or wrongly delivered products should be reported in writing to the entrepreneur within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or in violation of the instructions of the entrepreneur and / or on the packaging;
the inadequacy in whole or in part is the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

The trader shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest 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 can only be carried out in part, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to make a replacement article available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
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.
Wallpapers and wall stickers are specially printed to order for the consumer. These products are considered custom-made and are excluded from the right of withdrawal (see Article 8). Complaints regarding print quality must be reported within 14 days after delivery. After this period, or after the wallpaper or stickers have been applied, the trader can no longer process complaints.

Article 12 - Duration transactions: duration, termination and renewal

Termination

The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
The consumer can the agreements mentioned in the previous paragraphs:

terminate at all times and not be limited to termination at a specific time or in a specific period;
at least cancel in the same way as they were entered into by him;
always terminate them with the same notice as the entrepreneur has stipulated for himself.

Extension

A contract for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a definite period.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 - Payment

As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously announced to the consumer.

Article 14 - Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the trader within 2 months after the consumer has discovered the defects, fully and clearly described. For the delivery of wallpapers and wall stickers: the consumer must report any printing errors or defects within 14 days after delivery. If the wallpaper or stickers have already been applied, complaints unfortunately can no longer be processed.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the consumer will receive an acknowledgement of receipt within 14 days with an indication of when a more detailed answer can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, the consumer must first contact the trader. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.
If a solution is still not reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding and both trader and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned.
It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at her discretion, either replace or repair the delivered products free of charge.
Contact for complaints:

E-mail: complaints@matuu.eu or roksana@matuu.eu
In case of damage, please send photos and the order number immediately.
If the package already appears damaged upon delivery, the consumer may refuse the delivery in order to speed up the handling process.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

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