Terms and Conditions Maison Marone Paris
1. Definitions
In these General Terms and Conditions, the following definitions apply:
1.1 Aw: The Dutch Copyright Act 1912, Auteurswet 1912.
1.2 Designer: Maison Marone Paris, as represented by Michiel de Bruin, established at Kamilleveld 18, 2492 KG in Den Haag (Netherlands), registered under Chamber of Commerce number 27340373. Maison Marone Paris is defined as the user within the meaning of Article 231 of book 6 of the Dutch Civil Code. Hereafter referred to as: Maison Marone.
1.3 Client: The (legal) person who personally or acting in a profession or company gives the assignment to Maison Marone. This is the other party within the meaning of art. 6:231 CC.
1.4 Design: all works and designs in the broad sense of the word as referred to in Article 10, paragraph 1, sub 6,9 and 11 Aw, or other works within the meaning of the Aw, which can be equated with the works referred to. Maison Marone supplies handmade/customized designs on its own products and materials or on products from third parties, such as shoes, clothing and textiles. This hand/custom design can be ordered via an order form, unless Maison Marone has offered otherwise. A selection of the products can also be ordered in the webshop and settled in the payment procedure in the webshop (i.e. the shopping cart).
1.5 Image carrier: the carrier on which the designs and designs are recorded, such as a print, photo or digital recordings, as well as the physical effect thereof on, among other things, but not limited to shoes, clothing and/or textiles.
1.6 Services: all services relating to design and all related services, both online and offline, as well as the extra service in the broad sense of the word, both business to business and business to consumer.
1.7 Use: duplication and/or publication within the meaning of Article 1 in conjunction with 12 and 13 Aw.
1.8 General terms and conditions: the General Terms and Conditions apply to all legal relationships between Maison Marone and a client, including quotations, order confirmations and oral or written agreements, also after the termination of an agreement, unless the parties have expressly deviated from these terms and conditions in writing. These terms and conditions apply to the trademarks or trade names Maison Marone and Maison Marone Paris.
2. Offers
2.1 The offers as displayed on the website concern handmade products. For customization, including large print runs and items that are not published on the website, a quote will be drawn up at the request of the client. This quotation is provided in writing (by e-mail). All services offered are manual work, as a result the offer may differ from the (image) material shown on the website and social media.
2.2 The offer in the quotation is valid for 1 month.
2.3 A composite offer does not oblige Maison Marone to perform part of the assignment for a corresponding part of the stated price, unless expressly agreed in writing prior to the conclusion of the agreement. The offer does not automatically apply to future assignments.
2.4 Offers and promotions other than quotations are only valid for the period and under the conditions indicated in the offer and/or promotion.
2.5 Upon acceptance of the quotation, offer or promotion, an assignment agreement is concluded between Maison Marone and the client.
2.6 The promotion of the products can, among other things, but not exclusively take place on Instagram, Facebook, LinkedIn and other social media and at trade fairs, events, Marktplaats and/or third-party promotion channels. These will refer to the website www.maisonmarone.com unless Maison Marone offers otherwise, including but not limited to by means of an order form. The offer concerns handicrafts and/or customization and for this reason may differ from the (visual) material shown on social media. What is stipulated above in art. 2.1 to 2.5 shall apply mutatis mutandis.
3. Use of images by Maison Marone
3.1 Created images can be used by Maison Marone for promotional online and offline purposes, for example by means of placement on its own website, portfolio, printed matter or as an entry for professional awards. If the client objects to this, the client must notify Maison Marone in writing.
4. Intellectual Property, Copyright and License
4.1 Maison Marone reserves the copyright to the delivered designs and products. The designs and products may therefore not be used for commercial purposes without the express written permission of Maison Marone.
4.2 Any use of a photo, digital recording and/or print of the design that has not been agreed upon is considered an infringement of copyright. In the event of infringement, Maison Marone will be entitled to compensation amounting to at least three times the compensation normally charged by Maison Marone for all direct and indirect damage and all actual judicial and extrajudicial costs, without losing any right, including the right to compensation for all direct and indirect damage. such use, with a minimum of € 300 per violation.
4.3 The license for the images and/or materials remains with Maison Marone. Maison Marone only provides a right to use the images and materials created. When used in violation of the rights of Maison Marone and/or with the law and morality, Maison Marone is at all times entitled to revoke the use of the license and designs, photos, images and materials.
5. Use designs, photos, images, products and materials
5.1 Forwarding designs, photos, images, products and materials to commercial parties, such as suppliers, is not permitted without express written permission from Maison Marone.
5.2 Publishing/disclosing the images on, for example, personal websites as well as social media (such as Facebook, Twitter, blog, etc.) is permitted with an attribution. When publishing/making it public, the client must clearly mention the name and/or mention the Maison Marone website.
5.3 Adjusting designs, products, photos, images and/or materials is not allowed in connection with. copyright. Other cutouts, collages and/or other edits are therefore not allowed. Maison Marone can hereby invoke its intellectual property and copyright. Maison Marone manufactures some of its products using products from other manufacturers and third parties, including but not limited to shoes, clothing and textiles. Maison Marone purchases these products from parties that are established in the European Union and of which Maison Marone can reasonably and fairly verify that the products have been placed on the European market with the consent of the trademark owner. This refers to the so-called freely tradable products under European law and European trademark law and/or parallel imports. Maison Marone has no intention of becoming an official point of sale or “official dealer” of the brand or trademark of the (original) product.
5.4 Maison Marone does not have a return option for the agreement, since every design is custom made. Maison Marone reserves the right to accept new assignments without further notice before the date on which the client wanted the assignment to be carried out.
6. Invoice and payment
6.1 A product, including personalized shoes and clothing, can be ordered through an order form. If the client does not cancel the invoice within 24 hours, the order is deemed to have been approved and the right to complaint has expired. Maison Marone will then contact the client and/or send the invoice. Payment must be made on the basis of the invoice.
6.2 Maison Marone is reasonably entitled to pass on price increases if the rates, products and/or material costs have increased by more than 5% between the time of offer and delivery. This is the case if, during the performance of the work, the costs increase to such an extent that Maison Marone cannot reasonably be expected to perform the agreed work for the originally agreed amount.
6.3 In the event of non-compliance with the payment obligation, Maison Marone will inform the client of this by sending a written message (by e-mail) that payment has not been made. This message is considered a cancellation of the order. If the client does not pay the invoice in full, the order will not be put into production. Payment of part of the invoice at the initiative of the client does not count as a full payment. Maison Marone does not offer the option of payment in installments.
6.4 Custom made products can only be ordered via an order form, unless Maison Marone has offered otherwise. A selection of products can be ordered directly in the webshop and will be settled in the payment procedure in the webshop (i.e. the shopping cart). After full payment and production, the product will be shipped by Maison Marone.
7. Cancellation
7.1 Cancellation of the order is possible no later than 24 hours before the start of production, but no later than 24 hours after ordering the product (via the order form on the website). A deposit made outside this period is a non-refundable deposit. In the event of cancellation and dissolution of this agreement, the deposit below one third of the total price will not be refunded unless Maison Marone decides otherwise out of leniency. For the costs and efforts made for the purpose of the assignment, one third of the total price of the assignment will therefore be charged in the event of cancellation.
7.2 If there is a refund, this will reasonably be made within 14 working days.
8. Liability
8.1 Maison Marone is not liable for any damage that has arisen for the client, unless there is gross negligence or intent on the part of Maison Marone or persons engaged by it. The liability is in any case limited to the amount of the invoice or, if and insofar as there is an insured damage, to the amount actually paid out under the insurance. Maison Marone is not liable for indirect damage, including consequential damage and damage due to business interruption.
8.2 Maison Marone is not liable for any damage caused by third parties. The client indemnifies Maison Marone against all claims from third parties as a result of the execution of the assignment.
8.3 Maison Marone produces some of its products using products from other manufacturers and third parties, including but not limited to shoes, clothing and textiles. Maison Marone purchases these products from parties that are established in the European Union and of which Maison Marone can reasonably and fairly verify that the products have been placed on the European market with the consent of the trademark owner. This refers to the so-called freely tradable goods and products under European law and European trademark and copyright law and and/or parallel imports. Maison Marone purchases products for which the consent of the producer for the marketing of the products is deemed to have been given in reasonableness and fairness. Maison Marone does not intend to become an official point of sale or “official dealer” of the brand or trademark of the (original) product. The traceability of the permission of the trademark owner remains with the (official) supplier and/or importer, Maison Marone is not liable for the traceability of this permission.
8.4 The Client will take all reasonable measures to prevent and limit damage. The client will take all necessary measures and precautions, so that Maison Marone does not suffer injury and/or damage to Maison Marone and its equipment and resources when carrying out the assignment and all associated activities and activities.
9. Delivery
9.1 Maison Marone wants to keep the quality of designs, photos, images, products and materials high and only the products that are of high quality are supplied.
9.2 Delivery of the designs, photos, images, products and materials takes place on the date agreed in advance. Delivery is made via delivery by the designated delivery services. Maison Marone uses, but not exclusively, the services of Post NL, DHL and UPS.
9.3 Maison Marone is dependent on producers of shoes, clothing and textiles for the delivery of the designs, products and materials.
9.4 If a (postal) delivery service is used for delivery, including but not limited to PostNL, DHL and UPS, Maison Marone is neither responsible nor liable for lost products and postal items. Maison Marone is not liable for late delivery by a (postal) delivery service. In situations, including but not limited to Lockdowns, health and government measures, Maison Marone is not liable for late delivery. For delivery information, consult the website and/or track and trace of the relevant (postal) delivery service for delivery and delivery times.
10. End of agreement
10.1 The agreement is terminated by the delivery of the ordered products.
10.2 If one of the parties to this agreement wishes to terminate the agreement due to a complaint or dispute, article 12 of these General Terms and Conditions will apply.
10.3 In the event of a moratorium or bankruptcy of Maison Marone or Maison Marone Paris within the meaning of these General Terms and Conditions, the agreement will end as well as the refund of outstanding payments.
11. Application, Privacy and Confidentiality
11.1 The General Terms and Conditions apply to all legal relationships between Maison Marone and a client, including quotations, order confirmations and oral or written agreements, also after the termination of an agreement, unless the parties have expressly deviated from these conditions in writing.
11.2 The General Terms and Conditions apply to all products and services under development and future. This also applies to the development and improvement of the webshop, access to the webshop and all associated services.
11.3 By using the services of Maison Marone you automatically agree to these terms and conditions.
11.4 Maison Marone is not responsible if the other party for whatever reason has not read the general terms and conditions or has not read them sufficiently. Maison Marone can at all times rely on the General Terms and Conditions drawn up.
11.5 The General Terms and Conditions are published by Maison Marone on the website. In the event of an amendment to the General Terms and Conditions, the terms and conditions that were in force at the time of entering into the contract for services apply.
11.6 Both parties will also treat confidential information confidentially, which also applies to third parties involved in the assignment. The client cannot transfer rights under the agreement concluded with Maison Marone to third parties, only through the order and power of attorney of the company represented by the client. Maison Marone adheres to the best of its ability to the Personal Data Protection Act as well as the applicable privacy laws and regulations when handling confidential information and personal data.
12. Applicable Law and Disputes
12.1 Complaints regarding the delivered product must be communicated in writing by email as soon as possible, but in any case within five working days after delivery. This complaint will be assessed in all reasonableness and a well-founded complaint will be resolved within a reasonable period of time.
12.2 Maison Marone and the client will strive to reach a joint solution to a complaint and/or dispute in good consultation. Legal action can only be taken if Maison Marone and the client, after making efforts to reach a joint reasonable solution, do not succeed.
12.3 When one of the provisions of the general terms and conditions is declared inoperative by the court, the other provisions remain applicable. The provision declared inoperative will be filled in as much as possible in the light and wording of these General Terms and Conditions. The most recent version of these Terms and Conditions is valid, Maison Marone reserves the right to change the Terms and Conditions. These Terms and Conditions were drawn up on September 21, 2021. In case of discrepancy and/or discrepancy in application between the English Terms and Conditions and the Dutch Terms and Conditions version prevails.
12.4 Dutch law applies. The Dutch court has jurisdiction in the case of the dispute.