General Terms and Conditions

TABLE OF CONTENTS
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Continuing transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 19 – Additional provisions specific to interior design, exterior design, garden design, lighting design and custom services

ARTICLE 1 – DEFINITIONS
• Additional agreement: an agreement by which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.
• Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
• Consumer: the natural person not acting for purposes related to trade, business, craft or profession.
• Day: calendar day.
• Digital content: data produced and supplied in digital form.
• Continuing performance agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period.
• Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period that matches the purpose of the information, and which allows unchanged reproduction of the stored information.
• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services remotely to consumers.
• Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication until the conclusion of the agreement.
• Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with respect to their order.
• Technique for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name: MAKU Interior
For the business address and Chamber of Commerce number, please contact us via the contact form on this webpage.
Availability: Monday to Friday, 09:00 AM – 5:00 PM
Email: info@maku-interior.nl

ARTICLE 3 – APPLICABILITY
• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be reviewed and that they will be sent free of charge at the consumer’s request.
• If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the consumer can review them electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
• In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision most favorable to them.

ARTICLE 4 – THE OFFER
• If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
• The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• Every offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer.

ARTICLE 5 – THE AGREEMENT
• Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions.
• If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as receipt of acceptance has not been confirmed, the consumer may dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
• Within the limits of the law, the entrepreneur may obtain information on whether the consumer can meet payment obligations, as well as on facts and factors important for responsible conclusion of the distance contract. If the entrepreneur has good grounds, based on this research, not to enter into the agreement, they are entitled to refuse an order or attach special conditions to performance.
• The entrepreneur will provide the consumer, at the latest upon delivery of the product, service or digital content, the following information in writing or in a way that the consumer can store in an accessible form on a durable data carrier: conditions and procedures for exercising the right of withdrawal, or a clear statement of exclusion of the right of withdrawal; information about guarantees and existing after-sales services; the total price including all taxes, delivery costs where applicable, and the method of payment, delivery, or execution of the contract; requirements for terminating the contract if it has a duration of more than one year or indefinite; and, if applicable, the model withdrawal form. In the case of a continuing performance contract, this information only applies to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL
For products:
• The consumer may dissolve an agreement relating to the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require them to state this reason.
• For products purchased with a discount greater than 25%, returns will always be compensated in the form of a store credit for the MAKU Interior webshop. Refunds in cash or to a bank account will not be issued.
• The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
– If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer before the order process, refuse an order of multiple products with different delivery times.
– If delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the final shipment or part.
– For agreements for regular delivery of products over a set period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a physical medium:
• The consumer may dissolve a service agreement or an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but may not require it.
• The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
• During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product as necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.
• The consumer is liable for any decrease in value of the product resulting from handling the product in a way beyond what is permitted in paragraph 1.
• The consumer is not liable for any decrease in value of the product if the entrepreneur has failed to provide all legally required information about the right of withdrawal before or at the conclusion of the contract.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS THEREOF
• If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the cooling-off period. This does not apply to custom-made products or services.
• As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This is not necessary if the entrepreneur has offered to collect the product. The consumer has met the deadline if they send the product back before the cooling-off period has expired.
• The consumer must return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
• The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
• The consumer bears the direct costs of returning the product unless the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur has stated they will cover the costs themselves.
• If the consumer withdraws after expressly requesting that the performance of a service or delivery of energy begin during the cooling-off period, the consumer is liable to the entrepreneur for an amount proportionate to the part of the obligation fulfilled at the time of withdrawal, compared to full performance of the obligation.
• The consumer does not bear costs for the full or partial delivery of services, energy, or digital content if:
– The entrepreneur has failed to provide the legally required information on withdrawal rights, costs in case of withdrawal, or the model withdrawal form, or
– The consumer has not expressly requested the start of performance during the cooling-off period.
• The consumer does not bear costs for the delivery of digital content not supplied on a tangible medium if:
– They have not expressly agreed to the start of performance before the end of the cooling-off period, or
– They have not acknowledged losing their right of withdrawal upon consent, or
– The entrepreneur has failed to confirm this acknowledgement.
• If the consumer exercises the right of withdrawal, any additional agreements are automatically dissolved.
• Consumers have the right to cancel their order within 14 days of receipt without giving a reason. After cancellation, they have another 14 days to return the product. The full order amount including standard shipping costs will be refunded. Only the return costs from the consumer’s home to the webshop are at the consumer’s own expense (approx. €7.25 per package, please check your carrier’s website for exact rates). If the right of withdrawal is exercised, the product must be returned with all supplied accessories and – if reasonably possible – in its original condition and packaging. If the product or packaging is damaged beyond what is necessary to inspect it, any decrease in value may be charged to the consumer. Treat the product with care and ensure it is well packaged for return. To exercise this right, please contact us at info@maku-interior.nl. Refunds will be processed within 14 days of the withdrawal notification, provided the product has been returned in good order.
• For physical products, a return period of 14 days applies, provided they are unused and in the original packaging. For custom-made services, the right of withdrawal only applies as long as execution has not yet started.

ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
• If the entrepreneur enables the consumer to submit the withdrawal electronically, the entrepreneur shall immediately send a confirmation of receipt after receiving this notification.
• The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur has offered to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer provides proof of return shipment, whichever comes first.
• The entrepreneur shall use the same payment method for reimbursement as the consumer used for the original transaction, unless the consumer agrees otherwise. The reimbursement is free of charge for the consumer.
• If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer, or at least in good time before conclusion of the contract:
• Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control, which may occur during the withdrawal period.
• Agreements concluded during a public auction. A public auction refers to a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present in person under the supervision of an auctioneer, and where the successful bidder is obliged to purchase them.
• Service agreements, after full performance of the service, but only if: the performance began with the consumer’s explicit prior consent, and the consumer declared that they lose the right of withdrawal once the entrepreneur has fully performed the agreement.
• Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements.
• Service agreements for the provision of accommodation, if the contract provides for a specific date or period of performance, and other than for residential purposes, goods transport, car rental services, and catering.
• Agreements relating to leisure activities, if the contract provides for a specific date or period of performance.
• Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision, or which are clearly intended for a specific person.
• Products that spoil quickly or have a limited shelf life.
• Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.
• Products that, due to their nature, are inseparably mixed with other products after delivery.
• Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market beyond the entrepreneur’s control.
• Sealed audio, video recordings and computer software, once the seal has been broken after delivery.
• Newspapers, magazines, or journals, except for subscriptions.
• The delivery of digital content other than on a tangible medium, but only if: the performance began with the consumer’s explicit prior consent, and the consumer acknowledged that they lose the right of withdrawal once performance has started.
• Paint products, wallpaper, and samples that are specially mixed, customized, or batch-specific are excluded from the right of withdrawal due to their limited shelf life or unique composition.
• Products ordered on the basis of a quotation or shopping list within a realization package are excluded from the right of withdrawal, insofar as they involve customized orders based on individual selection or measurements.
• Returns of standard products are only possible if the product is in original, unopened condition and reported for return within 14 days. Openings or damage may result in depreciation or refusal of the return.

ARTICLE 11 – PRICE
• During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
• In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and beyond the entrepreneur’s control at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
• Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
• Price increases from three months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
– They are the result of statutory regulations or provisions, or
– The consumer has the right to terminate the contract on the day the price increase takes effect.
• The prices stated in offers of products or services include VAT.

ARTICLE 12 – PERFORMANCE OF THE AGREEMENT AND ADDITIONAL WARRANTY
• The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
• An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer may assert against the entrepreneur on the basis of the contract if the entrepreneur fails to fulfill their part of the agreement.
• Additional warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims beyond what they are legally required to do if they fail to comply with their part of the agreement.

ARTICLE 13 – DELIVERY AND EXECUTION
• The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing requests for services.
• The place of delivery is the address that the consumer has provided to the entrepreneur.
• Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and may be entitled to compensation.
• After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
• The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.
• For consultancy and custom design projects, individual schedules apply as agreed in the quotation or confirmation email. The stated delivery times are indicative.

ARTICLE 14 – CONTINUING TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
This provision does not apply, as MAKU Interior does not offer subscriptions or automatic renewals.

ARTICLE 15 – PAYMENT
• Unless otherwise stated in the contract or additional conditions, amounts owed by the consumer must be paid immediately upon ordering the products.
• In the sale of products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) until the advance payment has been made.
• The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
• If the consumer fails to meet their payment obligation(s) on time, and has been reminded by the entrepreneur of the late payment and given a 14-day period to still fulfill the payment obligations, then after failure to pay within this period, the consumer owes statutory interest on the outstanding amount. The entrepreneur is also entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

ARTICLE 16 – COMPLAINTS PROCEDURE
• The entrepreneur has a well-publicized complaints procedure and will handle complaints in accordance with this procedure.
• Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
• Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
• A complaint about a product, service, or the entrepreneur’s service may also be submitted via a complaint form on the consumer page of Thuiswinkel.org (www.thuiswinkel.org). The complaint will then be sent both to the entrepreneur and to Thuiswinkel.org.
• The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
• If something does not go as planned, we advise you to first submit your complaint to us by emailing info@maku-interior.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.
From 15 February 2016, it has also been possible for consumers in the EU to submit complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint has not yet been dealt with elsewhere, you are free to file it through the European Union platform.

ARTICLE 17 – DISPUTES
• Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.
• Disputes between the consumer and the entrepreneur regarding the conclusion or performance of contracts for products and services to be supplied or already supplied by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP, The Hague (www.sgc.nl).
• The Disputes Committee will only deal with a dispute if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
• If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
• If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer informs the entrepreneur first.
• If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request by the entrepreneur whether they also wish this, or whether they prefer the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer’s choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
• The Disputes Committee makes decisions under the conditions set out in its regulations (www.degeschillencommissie.nl). The Committee’s decisions are binding.
• The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually ceased business activities before the dispute has been dealt with at a hearing and a final decision has been made.
• If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then for disputes mainly concerning distance selling or service provision, the Thuiswinkel Disputes Committee is preferably competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.

ARTICLE 19 – ADDITIONAL PROVISIONS SPECIFIC TO INTERIOR, EXTERIOR, GARDEN, LIGHTING DESIGN AND CUSTOM SERVICES
• These provisions apply to all services of MAKU Interior relating to consultancy, custom visualizations, 2D/3D designs, and realization proposals, whether delivered digitally or physically.
• When entering into an agreement for interior or exterior design services, MAKU Interior reserves a specific period in the schedule. During this reserved period, no other assignment will be accepted for the same timeframe. Cancellation fees for custom services are as follows: cancellation up to 21 days before the start of the design period – 50% of the agreed amount will be charged; cancellation within 21 days before or during the design period – 100% of the agreed amount will be charged.
• In accordance with Article 10 of these conditions, the right of withdrawal is excluded for services relating to consultancy with a specific execution period, custom designs, or visualizations, as these services are personal and made to measure (Art. 10, paragraphs 6 and 7). By agreeing to the offer, the consumer explicitly acknowledges that the right of withdrawal lapses once MAKU Interior schedules the service in the agenda.
• For proper and timely execution of the consultancy, the consumer is obliged to provide all necessary information and documents. This includes, but is not limited to: floor plans, the completed intake form, dimensions, photos, technical drawings (if available), preferences for living style, colors, and existing elements to be incorporated.
• All required input must be provided to MAKU Interior no later than 7 days before the agreed start date of the project.
• Consequences of late or incomplete submission: MAKU Interior reserves the right to postpone the delivery date; charge an administrative fee of €150 per incomplete or repeated submission; and if the project requires substantially more time as a result, charge additional design hours at the hourly rate of €95 excluding VAT.
• MAKU Interior is not liable for errors or delays in execution caused by external parties (such as interior builders or furniture manufacturers).
• MAKU Interior reserves the right to use (parts of) the design, including 2D/3D visualizations or mood boards, anonymously for portfolio or marketing purposes, unless the client expressly objects in advance.