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General terms & conditions

General terms and conditions MaximaVida

When a customer orders or buys a product via the MaximaVida website or in the shop, the customer must agree with these General Terms and Conditions of MaximaVida.

Article 1. Definitions 
In these general terms and conditions, the following definitions apply: 

General Terms and Conditions: the General Terms and Conditions, which apply between MaximaVida and the Customer. 

MaximaVida: In these General Terms and Conditions and everywhere else on its website and in its shop, 'MaximaVida' means the general partnership MaximaVida, listed in the trade register of the Dutch Chamber of Commerce in Arnhem under registration number 09110834 with VAT registration number NL813519986B01.  
MaximaVida has its headquarters at Den Sliem 42, 7141 JH Groenlo, phone number: 0544-375445, available from Monday to Friday from 09.00 (9 AM) until 17.00 (5 PM). 

Customer: a (legal) person who purchases a product on the Website or in the shop of MaximaVida. 

Purchase Agreement: the purchase agreement which is entered into by MaximaVida and the Customer when a Product is purchased. 
Product(s): all products which are offered on the Website and in the shop by MaximaVida. 

Working day(s): Monday to Friday, except the following official holidays in the Netherlands: New Years' Day, Easter Monday, King's Day, Ascension Day, Whit Monday, Christmas Day and Boxing Day. 
Reflection period: the period in which the Customer may use his/her right of withdrawal; 
Article 2. Applicability 
1. These General Terms and Conditions apply to every Product and all Purchase Agreements which are concluded between the Customer and MaximaVida.
2. Every Customer acknowledges upon ordering a Product that these General Terms and Conditions apply to it and thereby accepts the applicability of these General Terms and Conditions. 

3. These General Terms and Conditions are available for the Customer on the Website and are sent to the Customer free of charge upon request. 

4. These General Terms and Conditions and the pursuant regulations and arrangements can be changed unilaterally by MaximaVida. Changes will enter into force as soon as the changes have been announced on the website. If a Customer orders a product after the aforementioned announcement, the Customer then accepts the applicability of the changed General Terms and Conditions. 

Article 3. Customer Account 
1. The Customer is at all times responsible for the secrecy and use of his login information (such as the user name and the password) and for the correctness of the information in the account. 
2. The Customer declares to act in accordance with these General Terms and Conditions and all applicable laws and regulations. 
3. It should be able to reach the Customer by email and by phone, so that MaximaVida can contact the Customer regarding the ordered and deliverable products. 
4. Only legal persons, or persons over 18 years of age, can place orders on our Website. 
Article 4. The Offering 
1. If the offering of a Product has a limited validity period or is tendered under conditions, this will be expressly mentioned in the offering. 

2. The offering contains a complete and accurate description of the offered Product. The description is sufficiently detailed so that the Customer can properly assess the product. If MaximaVida uses images, these will accurately show the offered Product. Manifest errors or mistakes in the offering of the Product will not be binding for MaximaVida. 
3. Each Product contains such information that it becomes clear to the Customer what his/her rights and obligations are, which come with the purchase of the Product. 
4. Price and model changes and typos are reserved. 
Article 5. Purchase agreement 
1. After accepting the order and meeting the corresponding conditions, a Purchase Agreement will be concluded between the Customer and MaximaVida. 
2. MaximaVida confirms the Purchase Agreement to the Customer. 
3. MaximaVida ensures a secure web environment and will take appropriate security measures regarding electronic payment. 
4. If MaximaVida sees reason to do so, it is at all times entitled to not processing certain Product orders from Customers, or to attach (additional) conditions to such orders. 
5. Within legal bounds, MaximaVida can enquire into whether the Customer can meet the payment obligations, as well as into all those facts and factors which are important for responsibly entering into a distance Purchase Agreement. If pursuant to this investigation MaximaVida has sufficient grounds not to enter into the Purchase Agreement, it is entitled to rejecting an order or request, or to add special conditions to its execution. 
6. MaximaVida will provide the following information to the customer no later than upon delivery of the product: 
a. the visiting address of the MaximaVida branch office where the Customer can go with any complaints; 
b. the conditions under and the manner in which the Customer can use the right of withdrawal, or a clear notification stating the exclusion of the right of withdrawal; 
c. the information regarding guarantees and continuing service after purchase; 
d. the price including all taxes on the Product; the cost of delivery as far as these are relevant; and the method of payment, delivery or execution of the distance Purchase Agreement; 
e. if the Customer has a right of withdrawal, the return form for withdrawal. 
7. The Customer is aware that MaximaVida determines the price setting and guarantees, if any. MaximaVida is responsible and liable for this. 
8. All prices mentioned on MaximaVida's Website are net incl VAT and excluding delivery and assembly. 
9. The statutory period of guarantee applies to all MaximaVida's Products. If a Customer makes a warranty claim, the purchase invoice is required. 
10. The Customer needs to directly contact MaximaVida in the event of any questions and/or complaints regarding the purchased Product. 

Article 6. Order and delivery
1. The Customer can purchase the offered Product using the ordering process on the Website of MaximaVida.

2. Upon request, the Customer receives an invoice from MaximaVida.

3. All Products remain the property of MaximaVida until the Customer has paid MaximaVida all amounts pertaining to the order.

4. MaximaVida will not deliver a Product until the payment has been made.

5. Upon ordering a Product, the Customer is obligated to read and accept these General Terms and Conditions.

6.All transport rates for the Netherlands are valid with the exception of theWaddenIslands. In the case of theWaddenIslands, deliveries are made up to the logistic point on the mainland. MaximaVida reserves the right to refuse delivery based on order size and/or geographical location.

7. All wooden Products are assembly kits, unless stated otherwise.

8. The Products are only delivered to the ground floor/next to thetruck / carunless a different agreement has been made with the Customer.

9. MaximaVida is only liable for damage to products during transportation when it personally manages delivery of the Product to the Customer. Transportation by the customer or by third parties is at the customer's own risk.

10. Any complaints after delivery need to be reported to MaximaVida within 48 hours by email. After signing the packing slip, the Customer signs to agree to the quality of the delivered Products. After the packing slip is signed, MaximaVida can no longer process complaints, unfortunately. If the Customer does not agree to the quality of the delivered Products, the Customer can note complaints on the packing slip. MaximaVida will then deal with these complaints as soon as possible.

11. All mentioned delivery times are“estimated delivery times”. In accordance with the Dutch Distance Selling Act, the Customer is entitled to terminate the Agreement if the delivery time exceeds 30 days.

12. Based on the Dutch Distance Selling Act, the Customer is entitled to a Reflection period; a "cooling down" period of 14 days after delivery of the product. Within this period, a product can be returned without stating a reason. After this cooling down period expires, the Purchase Agreement enters into force. In order to make use of the option of returning the purchased Product, the Customer needs to meet the following requirements:

a. The Customer needs to report the product return within 14 days by email

b. The Customer needs to return the Product properly packaged, including the return form

c. The Customer needs to return the Product in the state in which it was delivered, including the original packing material. Alreadybuilt-upproductscannotbe returned. Has the product been used or damaged, then MaximaVida will charge the Customer a fee of at least 15 % of the purchasing amount. This will be deduced from the purchasing amount which is to be returned. If the original packaging of the Product has been unnecessarily damaged, MaximaVida will also charge the Customer a fee of at least25 % of the purchasing amount.

d. During the cooling down period, the Customer can only look at the Product. This means that the Customer can verify that it is the Product as seen on the Website. The productcannot be installed or used. We are also unable to accept any complaints about articles that have been assembled.

e. These terms and conditions do not apply to Products which have been especially made/installed/spray-painted/assembled for the Customer. These Products do not have the cooling down period and cannot be returned.

f. Shipping costs for returning the Product will be at the Customer's expense.

13. MaximaVida cannot be held liable in case of injury by improper handling of the purchased products.

14. MaximaVida cannot be held liable for colour, grain and/or structure differences in the Product.

15.Due to the natural deterioration of wood, MaximaVida cannot give any guarantee for the paintlayer, under whatever circumstances, regarding thepainted and spray-painted products.

16. MaximaVida cannot be held liable for cracks and the natural deterioration of wood. Wood is a natural product, and mainly in periods when temperatures tend to fluctuate, this results in the natural expansion or shrinkage of wood. Often Customers feel that they have been cheated in some way, but this is just a natural phenomenon. A professional woodworker will declare that wood is a hygroscopic material which adapts to the environment's climate, so that also the humidity of the wood and the volume (of the wood) can change. MaximaVida has nearly 20 years of experience with wooden Products and asks Customers to understand this beautiful natural material.

Below you will see an example of the natural product of wood which are normal and not sufficient grounds for complaints or returns.

wood An example of wood; a hygroscopic material which adapts to the environment's climate, so that also the humidity of the wood and the volume (of the wood) can change

17. MaximaVida will return the payment to the Customer as soon as possible, if the Customer has already paid an amount and makes use of the right of withdrawal within the thirty (30) day term. However, the Customer can only claim repayment as soon as the Product has been received by MaximaVida. Payment is done using the same payment method as the Customer has used and no later than the statutory term of 14 days. 

Article 7. Information and use of data 
1. To enable MaximaVida to provide optimal service, it is necessary that during the order process, the Customer keeps a close eye on his/her email or any other communication channel provided by the Customer, so that he/she can timely receive information sent by MaximaVida to the Customer. 
2. When the Customer creates an account or places an order, MaximaVida will request personal information. The Customer agrees that his/her personal information (such as address information) are used as far as this is required for executing the Purchase Agreement. The Customer agrees that MaximaVida has the right to communicate the Customer's information to third parties, if MaximaVida is legally required to do so or considers it appropriate in order to fulfil any part of the Purchase Agreement, without being liable for the Customer. 
Article 8. Various 
1. MaximaVida is entitled to limiting, not granting or revoking certain privileges or blocking accounts, or to revoking the right of ordering Products on the Website, depending on the commercial history of a customer, which is exclusively at the discretion of MaximaVida. 
2. If MaximaVida, during either a short or longer period, has tacitly allowed any deviations from these General Terms and Conditions, this will be without prejudice to its right to require an immediate and strict observation of these General Terms and Conditions. The Customer can never derive any rights from the fact that MaximaVida is lenient with the application of these General Terms and Conditions at any time. 
3. If a provision of the General Terms and Conditions is deemed invalid, void, or for any reason unenforceable by the competent court pursuant to applicable law, the General Terms and Conditions concerning that which is invalid, void, or for any reason unenforceable will be deemed dissolvable and the other provisions of the General Terms and Conditions will remain in force. 
4. MaximaVida is at all times entitled to no longer providing the functionalities serving for the offering on the Website, without stating reasons. 
5. MaximaVida is entitled to grant its rights and obligations pursuant to these General Terms and Conditions to third parties. MaximaVida will timely notify the customer of this. 
6. MaximaVida may change these General Terms and Conditions and will reasonably and timely announce such changes before the enter into force. Announcement can also occur digitally. Of that which has been determined in these General Terms and Conditions, can only be deviated in writing, in which case the other provisions will remain in force. 

Article 9. Applicable law 
The Purchase Agreement, these General Terms and Conditions and the pursuant rights and obligations between MaximaVida and the Customer are subject to Dutch law and all disputes arising from them or relating to them, will in the first instance exclusively be handled by the competent authorities. 

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