Terms and conditions

Marie-martin.com is a website operated by VOF Lumière. We are registered in The Netherlands under company number 30037321 and with our registered office at Lopikerweg oost 126, 3411 LZ Lopikerkapel, The Netherlands. Our VAT number is NL808616845B01.

Our postal address for web orders is:
VOF Lumière
Department Marie Martin returns
Lopikerweg oost 126
3411 LZ Lopikerkapel
The Netherlands

We can be reached via e-mail (info@marie-martin.com) or you can reach us by telephone at +31(0)348551340.

Your use of this website is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the marie-martin website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the marie-martin website.

Definitions:

‘Marie Martin’ is a trade mark operated by VOF Lumière. The vendor shall henceforth be referred to as simply “Marie Martin”.

‘Conditions’ means these terms and conditions.

‘Site’ means the website of Marie Martin.

1. Access

1.1 You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions

1.1.1 We are Marie Martin and we own and operate this Site

1.1.2 Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.

1.2 We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:

1.2.1 All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

1.2.2 Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.

Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

2. Our rights
We reserve the right to:
2.1 Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

2.2 Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.

2.3 Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site.

2.4 Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:

2.4.1 All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.

2.4.2 All material contained on this website is only available for your personal use, excluding commercial use.

2.4.3 You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly preauthorised and permitted by us.

2.5 If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.

3. Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:

3.1 use the Site for any fraudulent or unlawful purpose;

3.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;

3.3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

3.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

3.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;

3.6 remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;

3.7 frame or mirror any part of the Site without our express prior written consent;

3.8 reproduce the presentation of the Site.

4. Privacy and Security

4.1 We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.)

4.2 When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords.

4.3 We use your personal information for the following purposes:
4.3.1 Processing your orders;
4.3.2 For statistical or survey purposes to improve our services to you;
4.3.3 To serve website content and advertisements to you;
4.3.4 To administer the website;
4.3.5 To inform you of any new products.

You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. For any more information, please contact info@marie-martin.com or call the team here at +31(0)348551340.

4.4 We will take great care to ensure that you are able to purchase products from the Site with complete confidence. Please note your communication with our service is secure. This means your personal details including payment details, are encrypted when transmitting to us.

4.5 To ensure the privacy of your payment details, when you ‘proceed to checkout’, a secure page will open.

4.6 We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party who stores them on our behalf, and we are not able to access the full card details.

5. Cookies

5.1 Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible.

Essential: These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.

Functionality: These provide you with a better service by remembering your cart, login details, viewed products and other things.

Third party social networking: We place social networking buttons on some of our pages to make it easier for you to share them with other people. They generally use cookies to function, but we don’t have any control over the use of these cookies or the data they share, and advise that you consult their privacy policies to find out what happens to any data that these services collect when you use them.

6. Products

6.1 All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, screen sizes and resolutions, we are unable to guarantee that the colour you will see on your display or monitor will accurately reflect the true colour of the product. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow.

6.2 Many of our products are hand-coloured. Due to this hand-colouring minor differences from the product picture may occur.

6.3 All items are subject to availability. We will inform you as soon as possible if goods you have ordered are not available.

7. How to order our products

7.1 Orders can be placed online.

7.2 Having placed an order online you will receive a few emails providing you have an email address:

7.2.1 The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified.

7.2.2 The second email includes a confirmation that we received the payment.

7.2.3 The third email includes the invoice from your order.

7.2.4 Once your order has been processed and shipped, you will receive an e-mail including the tracking number. In case you chose for the pick-up option, you will receive an e-mail with the confirmation that your order can be picked up at our warehouse.

8. Price

8.1 Prices are as displayed on our site and are in Euros.

8.2 We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.

8.3 Prices displayed are inclusive of VAT at the current rate but exclude delivery charges where applicable. Please see the shipping and return section for details of our charges.

8.4 We reserve the right to alter prices at any time. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Any price changes will be confirmed to you at the time of ordering.

9. Payment

9.1 Payment when ordering online can be by Ideal, Mastercard, Visa and American Express. Please note that we do not accept cheques as a payment method.

9.2 To ensure that shopping online is secure, your credit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet

10. Contract

10.1 No contract will exist between Marie Martin and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.

10.2 A legally binding contract is created when the goods are dispatched.

10.3 Ownership will pass when the goods are dispatched

11. Returns and Right to cancel your contract

11.1 You may cancel your contract with us for the goods you order at any time up to the end of the 14 days from the date you receive the ordered goods.

11.2 To cancel your contract please email us at info@marie-martin.com.

11.3 When your order has already been dispatched, we are unable to cancel or amend your order. If you still wish to cancel your order, please return your order once received, in accordance to our returns policy.

11.4 All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty & returns costs will be deducted from the refund.

11.5 If your goods need to be returned by freight you will be responsible for the cost of this.

11.6 Please note we do not have an exchange policy.

11.7 If you buy online your consumer rights entitle you to a full refund if this is requested within 14 days of receipt of your goods.

11.8 In case you return the complete order, we will refund the complete order amount, including the transport costs. In case you return a part of the order, we will refund the money for the returned items, but not the transport costs.

We will process the refund as soon as possible. You will receive the money back within 14 days after receiving the return.

If a return is not requested within 14 days, you cannot return the goods to us and get a refund.

11.9 We recommend that an insured service is used to ensure safe arrival of the return. Where the product has been damaged either while in the customer’s care, or on the return journey to Marie Martin, we reserve the right to deduct the amount it costs to rectify the damage from the return amount.

11.10 Faulty item(s) – Faulty items should be reported within 5 days after delivery. If you wish to return an item because you think it is faulty you must inform us in writing by sending an email to info@marie-martin.com. The email must contain your order number and a description of the product fault supported by photos. We will then assess the issue and deal with it as necessary.

11.11 Incorrect item(s) – If you receive any incorrect item(s) please notify us within 5 days after delivery by sending an email to info@marie-martin.com. The email must contain the order number and the fact that you wish to return an item because it has been delivered incorrectly. We will then further the issue and deal with it as necessary.

12. Guarantee

12.1 We guarantee that the products are suitable for their intended use as described on the website.

13. Cancellation by us

13.1 We reserve the right to cancel the contract between us if:

13.1.1 We have insufficient stock to deliver the goods you have ordered.

13.1.2 We do not deliver in your area.

13.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.

14. Delivery

Please see our shipping and return page for latest charges.

14.1 Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided.

14.2 Each product page indicates the approximate lead time for the product in question. This is the amount of time we need to process and prepare your order for shipment.

Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as possible.

14.3 Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of courier actions which are beyond our control save as precluded by law.

Please contact us at info@marie-martin.com as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in good order or classified as lost by the courier.

14.4 We will attempt to deliver your order to the delivery address stated on your order form. Marie Martin will not be liable for any missing parcels should the delivery address have been entered incorrectly. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.

14.5 Marie Martin will not be held responsible for any items that do not fit in the address they are being delivered to.

14.6 If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within five (5) days after delivery at info@marie-martin.com. Please do not sign for any packages that are damaged or opened. We cannot accept any liability for goods which are damaged or sent in error unless you notify us pursuant to these terms and conditions.

14.7 If an order is placed and any additional delivery charges apply, our sales office will contact you to discuss the cost. Feel free to contact us at any time on info@marie-martin.com to discuss the shipping options available and the additional costs involved.

15. Liability

15.1 If the goods you receive are incorrect, damaged or defective, or you’ve received an incorrect quantity, we require you to notify us in writing at our contact address within 5 days (standard orders). We cannot accept any liability unless you notify us in accordance with these terms and conditions. All original packaging must be kept for damaged items as proof of the condition the goods were received in.

15.2 If you notify a problem to us under clause 15.1 above, our only obligation will be, at your option:

15.2.1 To make good any shortage or non-delivery

15.2.2 To replace or repair any goods that are damaged or defective where it is proportionate and possible to do so; or

15.2.3 To provide a refund to you of the amount paid by you. All rights are reserved as to the manner or form of refund.

15.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition. Save as precluded by law we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.

15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

15.5 Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.