Terms and Conditions
Article 1. Definitions
Article 2. Identity of the Entrepreneur
Article 3. Applicability
Article 4. The offer, quotations and offers
Article 5. The Agreement
Article 6. Right of withdrawal – reflection period
Article 7. Costs in case of withdrawal
Article 8. Exclusion right of withdrawal
Article 9. The price
Article 10. Delivery / execution / transfer of risk
Article 11. Conformity and Warranty
Article 12. Return conditions
Article 13. Payment
Article 14. Liability & Indemnification
Article 15. Force majeure
Article 16. Complaints procedure
Article 17. Disputes
Article 18. Additional or different provisions
ARTICLE 1. DEFINITIONS
In these General Terms and Conditions, the following terms, both singular and plural, always indicated with a capital letter, have the following meaning:
General Terms and Conditions: these General Terms and Conditions;
Customer: Consumer and/or Business customer;
Reflection period: the period within which the Consumer can make use of his Right of Withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and who enters into an Agreement with the Entrepreneur;
Day: calendar day;
Durable data carrier: any means that enables the Consumer, Business Customer or Entrepreneur to store information that is addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the Consumer to dissolve the Agreement within the reflection period;
Entrepreneur: the natural person, trading under the name "Mariposa Butterflies" and/or "mariposabutterflies.com" who offers products and/or services (whether or not remotely) to Customers;
Distance Agreement: the agreement whereby, within the framework of a system for distance selling of products and/or services organized by the Entrepreneur, up to and including the conclusion of the Agreement, exclusive use is made of one or more Techniques for distance communication ;
Agreement: a Distance Agreement, or a separately drawn up Agreement regarding the sale of products and/or services between the Entrepreneur and the Buyer (not being a Distance Agreement), if one of these General Terms and Conditions (wholly or partially) applies to it. be declared;
Written: Any word or number entity that can be read, reproduced, and subsequently communicated, which may contain information transmitted or stored by electronic means;
Technique for distance communication: means that can be used for concluding an Agreement, without the Entrepreneur and the Customer meeting simultaneously in the same room;
Business customer: any natural and/or legal person who is registered with the trade register of the Chamber of Commerce and who, acting in the exercise of a profession or business, enters into an Agreement with the Entrepreneur or to whom makes an offer to the Entrepreneur;
ARTICLE 2. IDENTITY OF THE ENTREPRENEUR
trading under the name(s): Mariposa Butterflies and/or mariposabutterflies.com
Victorieuxstraat 37 - 3089PX - Rotterdam
24 hours a day 7 days a week via email: via this form
Chamber of Commerce number: 77027507
VAT identification number: NL003143358B95
ARTICLE 3. APPLICABILITY
3.1. These General Terms and Conditions apply to every offer from the Entrepreneur, every quotation and to every Agreement that has been concluded, insofar as the Entrepreneur and the Customer have not deviated from these General Terms and Conditions expressly and In Writing.
3.2. Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer. If this is not reasonably possible, it will be indicated before the Agreement is concluded that the General Terms and Conditions can be viewed at the Entrepreneur's office and they will be sent free of charge as soon as possible at the request of the Customer.
3.3. If the Distance Agreement is concluded electronically, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these General Terms and Conditions can be made available to the Customer electronically in such a way that the Customer can easily way can be stored on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge at the request of the Customer electronically or otherwise.
3.4. If there is a lack of clarity regarding the interpretation of one or more provisions of these General Terms and Conditions, the explanation must be in accordance with the spirit of these General Terms and Conditions.
3.5. The applicability of any purchase and/or other conditions of the Customer is expressly rejected.
3.6. If one or more provisions in these General Terms and Conditions are at any time wholly or partially invalid or should be annulled, the remainder of these General Terms and Conditions will remain fully applicable. The Entrepreneur and the Customer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose of the original provisions is taken into account as much as possible. The same applies if during the execution of the Agreement it appears that it is necessary for a proper execution to change and/or supplement the content of the Agreement.
3.7. If a situation arises between the Entrepreneur and the Customer that is not regulated in these General Terms and Conditions and/or the supplementary Agreement, this situation must be assessed in the spirit of these General Terms and Conditions.
3.8. If the Entrepreneur does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that the Entrepreneur would lose to any extent the right to still and/or in other cases ensure strict compliance with these General Terms and Conditions. desire.
ARTICLE 4. THE OFFER, OFFERS AND OFFERS
4.1. Any offer from Entrepreneur on the Entrepreneur's website (www.mariposabutterflies.com) is entirely without obligation.
4.2. If an offer has a limited period of validity and/or is subject to conditions, this will be explicitly stated by the Entrepreneur in the offer.
4.3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If the Entrepreneur uses images, these are a true representation of the products and/or services offered. No rights can be derived from the images themselves, because many articles are composed of natural materials, animals and/or have been created by hand. What makes each item in the range unique. And which means that there are (small) differences. Obvious mistakes or errors/misprints in the offer are not binding on the Entrepreneur.
4.4. Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer. This includes, but is not limited to, the following in particular:
• the price, including taxes, unless otherwise agreed;
• any costs of delivery/delivery and/or other work that the Entrepreneur performs for the Customer in connection with the Agreement (eg administration costs);
• the method of payment, delivery or performance of the Agreement;
• the term for acceptance of the offer or the term for keeping the price unconditional;
• whether or not the Right of Withdrawal applies;
• the rate for distance communication if the costs of using the Technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
4.5. A composite offer/quotation does not oblige the Entrepreneur to perform part of the Agreement for a corresponding part of the stated price. Offers and/or quotations do not automatically apply to future order orders/Agreements.
ARTICLE 5. THE AGREEMENT
5.1. Subject to the provisions of paragraphs 4 and 5, the Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfillment of the associated conditions.
5.2. If the Buyer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, both the Buyer and the Entrepreneur can dissolve the Agreement, without any obligation to pay compensation to the other party.
5.3. If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Customer can pay electronically, the Entrepreneur will observe appropriate security measures.
5.4. The Entrepreneur can - within legal frameworks - inquire whether the Purchaser can meet its payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the Agreement
, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.5. Each Agreement is entered into subject to the suspensive condition of (sufficient) availability of the relevant products and/or services.
5.6. The Entrepreneur always has the right to have certain activities performed by third parties in the context of the implementation of the Agreement, without the Customer's prior consent being required.
5.7. If the Entrepreneur requires information from the Customer for the execution of the Agreement, the execution period will not commence until after the Customer has made this information available to the Entrepreneur correctly and completely.
ARTICLE 6. RIGHT OF WITHDRAWAL – REVIEW TIME
6.1. When purchasing products, the Consumer has the option to dissolve the Agreement without stating reasons during a Reflection Period of 14 (fourteen) Days. This period starts on the day after receipt of the delivered product by the Consumer or a representative designated in advance by the Consumer and made known to the Entrepreneur. The Right of Withdrawal is only reserved for the Consumer and expressly does not belong to the Business customer.
6.2. During the Reflection Period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his Right of Withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur. It is also the responsibility of the Consumer that the product remains free of mould/moth/parasite/(dust) lice and/or other insect and/or other items that can damage the product during the Reflection Period, on pain of expiry of the Right of Withdrawal.
6.3. When providing services, the Consumer also has the option to dissolve the Distance Contract without stating reasons during 14 (fourteen) Days, commencing on the day of entering into the Agreement.
6.4. To make use of his Right of Withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Entrepreneur with the offer and/or at the latest when providing services.
6.5. The provisions of this article do not apply in a case where the provisions of article 8 apply.
ARTICLE 7. COSTS IN CASE OF WITHDRAWAL
7.1. If the Consumer makes use of his Right of Withdrawal, the maximum costs of return will be for his account.
7.2. If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 30 Days after receipt of the return or (if the product has not yet been delivered to the Consumer) cancellation.
7.3. The provisions of this article do not apply in a case where the provisions of article 8 apply.
ARTICLE 8. EXCLUSION RIGHT OF WITHDRAWAL
8.1. If the Consumer does not have a Right of Withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur has clearly stated this in the offer, at least in good time before the Agreement is concluded.
8.2. Exclusion of the Right of Withdrawal is only possible for products:
• which have been established in accordance with the Customer's specifications;
• which are not standard part of the range of www.mariposabutterflies.com, and have been ordered at the request of the Consumer;
• that are clearly personal in nature;
• which cannot be returned due to their nature;
• that can spoil or age quickly;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.
8.3. Exclusion of the Right of Withdrawal is only possible for services:
• concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
• the delivery of which has commenced with the express consent of the Consumer before the Reflection Period has expired;
• regarding betting and lotteries.
ARTICLE 9. THE PRICE
9.1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
9.2. Contrary to the previous paragraph, the Entrepreneur can 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 dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
9.3. Price increases after the conclusion of the Agreement
are only allowed if:
a. they are the result of statutory regulations or provisions; or
b. they are the result of a change in the Agreement;
c. the Consumer has the authority to terminate the Agreement on the day on which the price increase takes effect.
9.4. The prices stated on the Entrepreneur's website in the offer of products or services include VAT. The prices of products or services stated in a quotation to a Business customer are exclusive of VAT, unless explicitly stated otherwise.
9.5. The Entrepreneur is entitled to perform the Agreement in different phases and to invoice the part thus performed separately.
9.6. If the Agreement is executed in phases, the Entrepreneur can suspend the execution of those parts that belong to a following phase until the Customer has approved the results of the preceding phase In Writing.
ARTICLE 10. DELIVERY / PERFORMANCE / TRANSFER OF RISK
10.1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
10.2. The place of delivery is the (shipping/receiving) address that the Buyer has made known to the Entrepreneur.
10.3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than one month after placing the order. In that case, the Customer has the right to dissolve the Agreement without costs.
10.4. In the event of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount that the Customer has paid as soon as possible, but no later than 30 Days after the dissolution.
10.5. If delivery of an ordered product proves to be impossible, the Entrepreneur will make every effort to make a replacement item available.
10.6. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the address referred to in paragraph 2 or a representative designated in advance and made known to the Entrepreneur, unless expressly agreed otherwise.
10.7. At the time of the transfer of risk of the product from the Entrepreneur to the Buyer, any rings and/or permits/certificates and/or other documents required by the government (for example CITES) are also transferred to the Buyer, if and insofar as applicable, and the Buyer is from then on responsible for the correct administration and storage of the aforementioned data. From then on, the Entrepreneur can never be held liable for damage, fines from inspection, violation and/or loss of the aforementioned data, etc. If the Customer returns the product to the Entrepreneur on justifiable grounds as stated in Article 6 and/or 11, the Customer shall thereby also transferring any rings and/or permits/certificates and/or other documents required by the government as aforesaid to the Entrepreneur and he is obliged to hand these over to the Entrepreneur again.
ARTICLE 11. CONFORMITY AND WARRANTY
11.1. The Entrepreneur guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and /or government regulations.
11.2. The warranty referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Customer must verify whether its use is suitable/permitted for use there and whether it complies with the conditions and legal requirements set for it. The Entrepreneur can never be held liable for this and the Customer indemnifies the Entrepreneur against any damage, fines and/or other penalties that arise from such use by the Customer outside the Netherlands.
11.3. The warranty referred to in paragraph 1 of this article applies for a period of 7 (seven) days after delivery, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise. If the warranty provided by the Entrepreneur concerns an item that was produced by a third party, the warranty is limited to that provided by the producer of the item, unless stated otherwise. After expiry of the warranty period, all costs for repair, replacement or replacement, including administration, shipping and call-out costs, will be charged to the Customer.
g be brought.
11.4. Any form of guarantee will lapse if a defect has arisen as a result of or arises from injudicious or improper use thereof or use after the best-before date, incorrect storage or maintenance thereof by the Customer and/or by third parties when, without the written permission of the Entrepreneur, the Customer or third parties have made or attempted to make changes to the item, other items have been attached to it that should not be attached thereto, or if these have been processed or processed in a manner other than the prescribed one. The Buyer is also not entitled to a warranty if the defect is caused by or is the result of circumstances beyond the entrepreneur's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) damage / damage by mold / moth /parasite/(dust)lice and/or other insect and/or other items that can damage the product, the Buyer's insufficient and/or non-compliance with the return conditions (article 12), et cetera.
11.5. The Customer is obliged to inspect the delivered goods (or have them examined), immediately at the moment that the goods are made available to him or the relevant work has been carried out. In doing so, the Customer should investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any defects must be reported to the Entrepreneur in Writing within 7 days of discovery. The report must contain as detailed a description as possible of the defect, so that the Entrepreneur is able to respond adequately. The Buyer must give the Entrepreneur the opportunity to investigate a complaint or have it investigated.
11.6. If the Purchaser makes a timely complaint, this does not suspend its payment obligation. In that case, the Customer also remains obliged to purchase and pay for the otherwise ordered goods, unless they have no independent value.
11.7. If a defect is reported at a later date, the Customer is no longer entitled to repair, replacement or compensation, unless a longer term arises from the nature of the item or the other circumstances of the case.
11.8. If it is established that a good is defective and a complaint has been made in good time, then the Entrepreneur will return the defective good within a reasonable term after receipt thereof or, if return is not reasonably possible, written notification with regard to the defect by the Buyer, at the discretion of the Entrepreneur. , replace or arrange for its repair or pay replacement compensation for it to the Customer. In the event of replacement, the Customer is obliged to return the replaced item to the Entrepreneur and to transfer the ownership thereof to the Entrepreneur, unless the Entrepreneur indicates otherwise.
11.9. If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by the Entrepreneur as a result, will be fully borne by the Customer.
ARTICLE 12. RETURN CONDITIONS
12.1. Our products can be returned by post. The only condition we make is that the items you wish to exchange are in good condition and arrive intact. Shipping costs are for your own account. Articles can also be exchanged or returned to the visiting address by appointment. The shipping costs will not be reimbursed. Returning fragile items is not covered by the warranty in case of damage during return. The Other Party will decide on a case-by-case basis whether compensation will be given.
ARTICLE 13. PAYMENT
13.1. Insofar as not agreed later, the amounts owed by the Customer must be paid in advance. The Customer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made in full.
13.2. The Customer has the obligation to immediately report inaccuracies in the payment details provided or stated to the Entrepreneur.
13.3. If the Customer is in default or fails to fulfill its obligations (on time), then the Entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the Customer in advance. In this case, default interest of 1% per month will be charged on the outstanding amount, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the customer is in default until the moment of payment of the full amount owed.
13.4. The Buyer is never entitled to set off the amount owed by him to the Entrepreneur.
13.5. Objections to the amount of an invoice do not suspend the payment obligation.
ARTICLE 14. LIABILITY & INDEMNITY
14.1. If the Entrepreneur should be liable, this liability is limited to what has been arranged in these General Terms and Conditions (more specifically this article).
14.2. The Entrepreneur is not liable for damage, of whatever nature, that arises because the Entrepreneur relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
14.3. Entrepreneur is only liable for direct damage.
14.4. Direct damage is exclusively understood to mean:
- the reasonable costs to determine the cause and extent of the direct damage, insofar as the determination relates to direct damage within the meaning of these General Terms and Conditions;
- any reasonable costs incurred to have the defective performance of the Entrepreneur comply with the Agreement, insofar as these can be attributed to the Entrepreneur;
- reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in these General Terms and Conditions.
14.5. The entrepreneur is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business or other stagnation. This also applies to damage caused by moths, museum beetles, mold, carpet beetles and other damaging insects. etc.
14.6. The Buyer indemnifies the Entrepreneur against any claims from third parties who suffer damage in connection with the execution of the Agreement and the cause of which is attributable to others than the Entrepreneur.
14.7. If the Entrepreneur should be addressed by third parties for this reason, the Buyer is obliged to assist the Entrepreneur both in and out of court and to immediately do everything that may be expected of him in that case. If the Customer fails to take adequate measures, the Entrepreneur is entitled to do so himself, without notice of default. All costs and damage on the part of the Entrepreneur and third parties arising as a result will be entirely at the expense and risk of the Customer.
14.8. If the Entrepreneur is liable for any damage, then the liability of the Entrepreneur is limited to a maximum of three times the invoice value of the order, at least to that part of the order to which the liability relates.
14.9. The liability of the Entrepreneur is in any case always limited to the amount paid out by his insurer, where appropriate.
14.10. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Entrepreneur or his managerial subordinates.
ARTICLE 15. FORCE MAJEURE
15.1. The Entrepreneur is not obliged to fulfill any obligation towards the Buyer if he is prevented from doing so as a result of a circumstance that is not due to fault and is not for his account under the law, a legal act or generally accepted standards.
15.2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen and unforeseen, over which the Entrepreneur can exercise no influence, but as a result of which the Entrepreneur is unable to fulfill his obligations. (this also includes: food/rot in stuffed animals, and/or damage that cannot be attributed to the Entrepreneur). The Entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement
hinders, occurs after the Entrepreneur should have fulfilled his obligation.
15.3. Entrepreneur can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
15.4. Insofar as the Entrepreneur has partially fulfilled or will be able to fulfill his obligations under the Agreement at the time of the occurrence of force majeure, and the respective part to be fulfilled has independent value, the Entrepreneur is entitled to separately fulfill the part already fulfilled or to be fulfilled. to invoice. The Customer is obliged to pay this invoice as if it were a separate Agreement.
ARTICLE 16. COMPLAINTS PROCEDURE
16.1. Complaints about the implementation of the Agreement must be submitted within a reasonable time, fully and clearly described to the customer service of the Entrepreneur (whose contact details/visiting address are included under Article 2), after the Buyer has discovered the defects.
16.2. Complaints submitted to the Entrepreneur will be answered promptly.
16.3. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
ARTICLE 17. DISPUTES
17.1. Agreements between the Entrepreneur and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad. The applicability of the Vienna Sales Convention is excluded.
17.2. All disputes arising from offers or agreements, by whatever name, will in the first instance be subject to the judgment of the competent court in Zwolle.
17.3. Parties will only appeal to the court after they have done their utmost
make every effort to settle a dispute in mutual consultation.
ARTICLE 18. ADDITIONAL OR DIFFERENT PROVISIONS
18.1. The Entrepreneur reserves the right to unilaterally change these General Terms and Conditions.
18.2. The version applicable at the time of the establishment of the relevant legal relationship with the Customer is always applicable. The Customer is advised to regularly (but in any case prior to placing an order) to check the General Terms and Conditions for changes.