Terms & Conditions
Article 1. Applicability
- These Terms and Conditions MAAII (hereinafter also to be referred to as: these Terms) apply to all offers and agreements for which Shaear International B.V. (hereinafter: MAAII) delivers products and/or services, of whatever nature and under whatever name, to the Consumer.
- By placing an order on the Website, you are entering into a binding Agreement with MAAII, subject to these Terms and Conditions MAAII.
- Under applicable law, the Consumer may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.
- If any provision of these Terms is null and void or is voided, the other provisions of the Terms shall remain fully in effect. MAAII and the Consumer shall in such case consult each other for the purpose of agreeing new provisions to replace the null and void or voided provisions.
- MAAII may make amendments to these Terms at any time. Any new version of the Terms and Conditions can be consulted via the Website. In case of significant amendments, MAAII will give Consumer notice thereof.
Article 2. Definitions
- In these Terms the following terms shall apply in the following meaning:
- Agreement: means the agreement between MAAII and the Consumer for the purchase of Product(s), and/or all other related services, whereto these Terms and Conditions MAAII apply;
- MAAII: Shaear International B.V., also trading under the names MAAII SARAH ANGIUS and MAAII, established under Dutch Law and registered with the Dutch Chamber of Commerce under number 82861625, registered at Stationsplein 1, (3331 LL) Zwijndrecht, The Netherlands and in these terms referred to as “MAAII”;
- Consumer: means the natural person not acting for purposes connected with their trading, business, craft, and/or professional activities;
- Product(s): MAAII’s beauty products as offered on the Website;
- Website: MAAII’s website.
Article 3. Products on the Website
- MAAII will make best effort to use images and other content of the Products that reflect the Products as good as possible. However, the images and other content of the Products on the Website are for illustrative purposes only. Therefore MAAII is not liable for any deviations between the colour, style or other externals of the Product as delivered and the externals of the Product as displayed on the Website.
- All content, prices and other information on the Website is composed with the most possible care. MAAII can however not guarantee that all information on the Website is correctly and/or is complete at all times. Obvious mistakes or obvious errors in the Product and/or service description and/or offer do not bind MAAII.
- The pricing, Product and/or service description and availability of the Products may change at any time without further notice.
Article 4. Conclusion of the Agreement
1. The Product descriptions displayed on the Website do not constitute a binding offer by MAAII, but serve to invite the Consumer to make a binding offer.
2. If an offer on MAAII’s Website has a limited period of validity or is made subject to conditions, this will be explicitly stated in MAAII’s offer.
3. The Consumer can make the offer via the online order form integrated in MAAII’s Website. Thereby, after the Consumer has placed the selected Products and/or services in the virtual shopping basket and completed the digital ordering process, by clicking the order completion button, the Consumer makes a binding offer to conclude an Agreement regarding the Products and/or services in the shopping basket. The offer can only be sent if the Consumer, by ticking the box for "I have read and agree to the Terms and Conditions", accepts these Terms.
4. After the Consumer has sent the offer by electronic means, MAAII will send a confirmation of the offer within 24 hours. If MAAII does not accept the Consumer’s offer within this period, this shall be deemed as a rejection of the offer.
5. MAAII is entitled at all times to reject an offer of a Consumer without stating reasons.
6. MAAII prohibits the sale of Products and/or other services by resellers and does not sell or supply Products and/or other services to (potential) resellers. If, in MAAII’s reasonable opinion, MAAII suspects an offer is placed by a Consumer and/or legal entity that will sell or supply the Products and/or other services for commercial purposes, MAAII will reject the offer without stating reasons and is entitled to exclude the concerning Consumer/legal entity from the Website.
7. The process of ordering and contact usually takes place by e-mail and automatic order processing. The Consumer must ensure that the e-mail address provided is correct, so messages sent by MAAII can be received. In particular, the Consumer must ensure that any filters do not block messages sent by MAAII or by third parties in charge of order and shipping processing.
Article 5. Shipping and delivery
1. As soon as MAAII has received Consumers offer and has confirmed the acceptance thereof, it will hand over the Product(s) to a third party for shipping and delivery. The Consumer will be informed by this third party about the shipping status. MAAII will not be liable for any incorrect and/or delayed delivery by any third party.
2. The delivery of the Product(s), if nothing else has been agreed, takes place via shipment to the address indicated by the Consumer. The address indicated by the Consumer during the order shall be decisive.
3. If the third party returns the shipped Products to MAAII because delivery to the Consumer was not possible, the Consumer shall bear the costs for the unsuccessful shipment. This does not apply if the Consumer is not to blame for the unsuccessful delivery or if he was temporarily prevented from taking delivery, unless MAAII and/or the third party has announced the delivery within a period of time deemed reasonable.
4. The Consumer will find information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Consumer on the Website.
5. If and insofar MAAII is unable to deliver the ordered Product(s) within thirty (30) days after the confirmation of acceptance of the order, MAAII will notify the Consumer accordingly by e-mail. In such event, the Consumer has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. The Consumer will in that case receive a refund for any Product(s) paid for but not received.
6. The risk of loss, theft, misappropriation or damage of Product(s), pass to the Consumer at the moment the Product(s) are under the actual control of the Consumer.
7. The Consumer needs to inspect the Product(s) upon receipt and has to report any defects within a reasonable period of time after discovering the defect to MAAII by e-mail.
8. If and insofar the Product(s) ordered by the Consumer can no longer be supplied, for whatever reason, MAAII is entitled to cancel the order or deliver a Product that is comparable to the ordered Product. In that latter case, the Consumer is entitled to terminate the Agreement without incurring any costs and return the comparable Product free of charge within fourteen (14) days from the date the Product has been delivered to the Consumer.
Article 6. Price and Payment
- The prices of the Products and other relates services are determined on MAAII’s Website, unless agreed otherwise between MAAII and the Consumer. If and insofar shipping costs are charged, the Consumer will be informed clearly before the Agreement is concluded.
- All prices determined on the Website and on other information, such as newsletters from MAAII, apply to orders within the European Union and include VAT and any other taxes and levies imposed by authorities, unless stated otherwise on the Website.
- On orders outside of the European Union, additional costs such as customs duties, VAT or any other fees, levies or taxes may apply. These additional costs are expressly not included in the prices as mentioned on the Website and will be fully borne by the Consumer.
- MAAII will make best effort to inform the Consumer adequately but cannot be held responsible for any additional costs, including but not limited to customs duties, VAT and/or any other fees, levies or taxes imposed by authorities.
- The Consumer shall pay the amounts due to MAAII according to the Agreement. Various payment options are available to the Consumer, which are indicated on the Website. Refunds will be provided by the same payment method as used by the Consumer for payment of the Product.
Article 7. Right of Withdrawal
- The Consumer has the right to return the Product(s) within fourteen (14) days after the Product has been delivered to the Consumer, without giving any reason.
- Shipping costs for returning the Products to MAAII should be borne by the Consumer. The Consumer outside the European Union, should also take into account and pay for additional costs, such as (including but not limited to) customs duties, VAT and any other fees, levies or taxes.
- To exercise the right of withdrawal, the Consumer must inform MAAII of the decision to withdraw from the Agreement by informing MAAII by e-mail. The Consumer may also use the attached model withdrawal form for this purpose, but is not obliged to do so. The notification must include the following: order number, name of the Consumer, phone number, e-mail address and address of delivery.
- For returning the Product(s), the Consumer can use this form with MAAII’s address details. Please print this form and attach it to the package.
- The returned Products must be sealed, unused, undamaged and returned in its original unopened packaging, unless this can not reasonably be askes from the Consumer. MAAII has the right to not accept returned Products, due to health and hygiene reasons.
- The Consumer bears the risk of the chosen shipping method for returning the Product. MAAII is not responsible for the lost and/or damage of the Product during the shipping process.
Article 8. Non-conformity
- MAAII stands for that the Products and/or services comply with the Agreement, the specifications mentioned on the Website and the reasonable requirements of usability. If and insofar a Product fails to comply with the Agreement, the Consumer must notify MAAII by e-mail as soon as possible, but not later than eight (8) days after the Product is delivered to the Consumer.
- The notice of default must describe the failure(s) of the Product(s) as comprehensively and in as much detail as possible so that MAAII has the opportunity to respond adequately.
- If and insofar a Product fails to comply with the Agreement and the Consumer has notified MAAII therefore in a correct manner as set fort in article 8.1 and 8.2, MAAII will repair, replace, or refund the Product. In case of non-conformity of a Product, the costs for returning the Product and other shipping costs will be borne by MAAII.
Article 9. Liability
- MAAII’s total liability for an imputable failure in the performance of the Agreement or arising from any other legal basis whatsoever, explicitly including each and every failure to meet a guarantee or indemnification obligation agreed on with Consumer, is limited to direct damage with a maximum of the price stipulated for the Agreement in question. MAAII is not liable for indirect damages.
- The Consumer must report the defect in the purchased Product(s) to MAAII within eight (8) days of discovering the damage. The notice of default must describe the failure(s) of the Product(s) as comprehensively and in as much detail as possible.
- Consumer may have rights under applicable local laws that cannot be excluded, limited or modified. These rights take precedence over anything in this article 9. The Terms and Conditions do not affect any statutory warranties the Consumer may have under applicable local law, or do not constitute in any way a limitation and/or exclusion of MAAII’s liability, unless permitted under the local law applicable to Consumer.
Article 10. Varia
- MAAII’s Products are produced with the greatest care and passion. More information about the Product and additional terms can be found in the user manual included with the Product itself. For questions contact MAAII by e-mail.
- MAAII is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
Article 11. Complaints and disputes
1. Complaints concerning the performance of the Agreement must be submitted to MAAII, fully and clearly described, within a reasonable period after Consumer has ascertained the defects.
2. Complaints submitted to MAAII will be replied to within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, MAAII will reply within the period of 14 days with a confirmation of receipt and an indication of when the Consumer can expect a more extensive reply.
3. If the dispute is not resolved through the complaints procedure in article 11.1 and 11.2, or any other dispute that may arise on the basis of these Terms or as a result of further agreements between MAAII and the Consumer, shall be resolved by the Court of Rotterdam, The Netherlands, unless mandatory consumer law dictates otherwise.
Article 12. Applicable law
1. These Terms and Conditions and any further agreements between MAAII and the Consumer shall be governed by Dutch law. The Consumer also enjoys the protection of the mandatory provisions of the law of Consumer’s usual place of residence.