General Terms and Conditions Maxaro
On this page you will find the General Terms and Conditions of Maxaro B.V. The document is available in PDF format and can be opened with Adobe Acrobat Reader. The General Terms and Conditions apply to every quotation, order and agreement with Maxaro B.V. and are, in addition to the digital version on this page, also available for inspection in the showroom. Furthermore, in email correspondence from Maxaro B.V. there is a link to the document on this page and the General Terms and Conditions are also deposited and available for inspection at the Chamber of Commerce in Breda, under K.v.K. number 20147769. The VAT number of Maxaro B.V. is NL820486620B04.
ARTICLE 1: Definitions
This article will explain a number of terms that recur regularly in this document.
Maxaro
The company trading under the name Maxaro.
Website
The website of Maxaro and all underlying pages. This does not include websites and/or web pages that are referred to and/or linked from the Maxaro website that do not directly or indirectly form part of the Maxaro website.
Customer
The natural person or legal entity entering into an Agreement with Maxaro.
Consumer
The natural person who does not act in the exercise of a profession or business and enters into an Agreement with Maxaro.
Agreement
The Agreement for the sale of products that is established between the Customer and Maxaro, any amendment or addition to it, as well as all (legal) acts in preparation for and execution of the Agreement.
Distance Agreement
An Agreement for the sale of products where up to and including the conclusion of the Agreement, only technology for remote communication is used.
Technology for remote communication
The communication means that can be used to conclude a Distance Agreement; such as via the internet, by telephone, etc.
Distance Purchase
A Distance Agreement concluded between Maxaro and a Consumer.
Product(s)
The item or items that are delivered to the Customer by concluding the Agreement between Maxaro and the Customer within an agreed period.
Day
Calendar day
ARTICLE 2: Identity of the entrepreneur
Name
Nooren Import BV, trading as Maxaro
Head Office
Ettenseweg 74 4706 PB Roosendaal
Telephone number
(+31) (0)88 205 4700
Chamber of Commerce number
20147769
VAT number
NL820486620B04
ARTICLE 3: Applicability
These terms and conditions apply to every offer and/or quotation from Maxaro and to every Agreement between Maxaro and the Customer, including the execution of the Agreement.
Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer. The General Terms and Conditions can be found on the Maxaro website and are available for inspection in the showroom.
ARTICLE 4: Offers, quotations and orders
All offers displayed on the website are valid as long as they are shown on the website and the relevant product can be delivered by the supplier.
Unless expressly stated otherwise, products such as baths, sinks, shower cabins, toilets, tiles, etc. are delivered without accessories such as taps, connectors, etc.; even if these are shown in the photo and/or drawing on the product page.
Product characteristics, sizes and weights, images, (technical) drawings and displayed and provided samples are represented as accurately as possible. Maxaro is not liable for the consequences of errors and/or deviations therein.
The prices in the mentioned offers, quotations and/or orders are inclusive of VAT, exclusive of the statutory disposal contributions and exclusive of shipping costs, unless stated otherwise.
When an offer has a limited validity period or takes place under conditions, this will be explicitly stated in the offer.
Maxaro guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
ARTICLE 5: Agreement
A Distance Agreement is only established when the Customer has placed an order using Technology for remote communication and Maxaro has sent an order confirmation to the Customer by email.
An Agreement in the showroom is established when the Customer has signed the invoice and/or order confirmation, confirming that the General Terms and Conditions have been made available for inspection and accepting the content of the General Terms and Conditions.
Note: for an Agreement in the showroom, the same rules regarding the right of withdrawal, cancellations and returns do not apply. More information about the right of withdrawal, cancellations and returns can be found in Articles 10, 11 and 12 of this document.
When a quotation has been provided by Maxaro at the request of the Customer, the Agreement is established as soon as the Customer has received an order confirmation by email and has confirmed this order confirmation for approval by email to Maxaro.
For orders and/or quotations for a total amount of more than € 7,500, no Distance Agreement will be established in any case, even if Maxaro mistakenly sends an order confirmation. In that case, an order will be sent to the Customer for signature. Only after receipt by Maxaro of the signed order by the Customer will the Agreement be established.
The content of this article also applies to orders and/or quotations relating to products that are specially ordered and/or made to measure for the Customer.
ARTICLE 6: Delivery
Although Maxaro will make every effort to deliver within the specified timeframes, the delivery times mentioned on the website or in the order shall in no case be considered as fatal deadlines, even if they are ultimate deadlines. Maxaro is not liable for any exceeding of a delivery time.
Maxaro is also not liable for consequential damages and costs arising from any delays resulting from a delayed delivery, delays by a carrier commissioned by Maxaro, or the submission of a return request.
If a delivery time indicated on the website or in the order is exceeded by more than one month, the Customer has the right to cancel the order by means of a registered letter. The Customer must allow Maxaro the opportunity to deliver the relevant order within 10 days after receiving the registered letter.
The Customer has the option to pick up the ordered products at Maxaro's warehouse or to have the ordered products delivered by a carrier engaged by Maxaro to the agreed delivery address.
Ordered products that concern showroom models must be picked up from Maxaro's warehouse within 3 months of the order date or be delivered by a carrier engaged by Maxaro to the agreed address.
In case of exceeding the deadline for showroom models, as described above, costs may be charged of €2,- including VAT per day by which the deadline is exceeded. Showroom models cannot be returned and warranty claims on showroom models are limited. The exclusions will be recorded per showroom model in the order.
Maxaro delivers your order free of charge from €200,-. For an order amount lower than €200,-, a delivery charge between €9.95 and €19.95 will be applied, depending on the ordered product. No more shipping costs will ever be charged per order than the shipping costs calculated for the product with the highest shipping rate.
Note: If a showroom model is not picked up from Maxaro's warehouse or cannot be delivered to the agreed address within 3 months of the order date, Maxaro is no longer liable for any defects or damages to the product and/or associated parts, and the order and/or delivery of the product can no longer be cancelled.
If the Customer is not present at the agreed delivery address on the agreed day and time, the purchased product or products will be offered again at a later time. For this, redelivery costs will be charged between €9.95 and €19.95, depending on the ordered product.
If the Customer refuses to cooperate with a delivery on a normal working day between 07:00 and 19:00, Maxaro will send the Customer a written reminder. If the Customer has not responded within 14 days after the date of the written reminder and/or has not cooperated with the delivery, Maxaro has the right to terminate the Agreement extrajudicially. The Customer then owes Maxaro compensation amounting to 50% of the total purchase price of the relevant delivery, with statutory interest added from the day of termination of the Agreement.
Note: Maxaro uses various transport companies, whereby Maxaro's service is limited to the services offered by these transport companies. If the Customer requests assistance at delivery that goes beyond what the carrier is obliged to provide - and the carrier provides this assistance - Maxaro is no longer responsible for any defects and (consequential) damages. In this case, the responsibility for defects, damages, and/or consequential damages rests entirely with the Customer.
Delivery takes place on a pallet and as close as possible to the (first) front door on the ground floor of the delivery address, with the Customer being responsible for disposing of all packaging materials, including the pallet. Products that take up little space may also be transported without a pallet; these will be delivered to the (first) threshold.
Both deliveries with and without a pallet will be delivered to (or as close as possible to) the (first) front door on the ground floor of the agreed delivery address, as long as this can reasonably be reached by the carrier. This will be assessed by the carrier prior to delivery or during transport on site.
The relocation of the delivered product or products to the desired space - including any vertical transport, both indoors and outdoors - will be the responsibility of the Customer.
ARTICLE 7: Deposits
For deliveries with a total sales value of more than €750,-, which are delivered or picked up more than two weeks after the order date, the Customer must make a deposit of 20% of the total sales value of the relevant order. The remaining amount can be paid via a Paylink.
If the remaining amount is paid via a Paylink, it must be received in Maxaro's account at least 3 working days before delivery and/or collection. When the order is picked up at Maxaro's warehouse, the remaining amount can be settled via card or cash in the showroom.
ARTICLE 8: Payments
Maxaro accepts the following payment methods:
- iDeal
- PayPal
- Credit card
- Bancontact
- Bank transfer
- Riverty
- in3
- SprayPay
- PIN
- Cash
Note: If the Customer pays in cash, Maxaro only accepts notes up to and including €100,-. Cash payments over €3,000,- are not accepted. This maximum applies to both individual payments and composite transactions.
Good to know: When the Customer opts for payment via Riverty, Riverty conducts a data check to verify whether the Customer is authorised for this payment method. Note: for security reasons, Riverty carefully checks the order. As a result, the order will be shipped a maximum of 24 hours later.
ARTICLE 9: Complaints
The Customer must check the product or products for visible defects within 48 hours after delivery and verify whether the delivered items correspond with the invoice and/or order confirmation.
Any complaints about visible defects and/or delivered products that do not correspond with the order confirmation must be reported in writing to Maxaro within 48 hours after delivery, with the complaint being fully and clearly described. Reports outside this period will not be processed.
Complaints submitted to Maxaro will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Maxaro will respond within the 14-day period with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed response.
ARTICLE 10: Right of Withdrawal
In the case of a Distance Purchase, the Consumer has a maximum of 14 days to dissolve this without stating a reason. This period begins on the day of delivery of the product or products. During this period, the Consumer must handle the product or products and the associated packaging(s) with care, unpacking the product or products only to the extent necessary to assess whether they will be accepted.
The right of withdrawal applies only when there is a Distance Purchase. If the Consumer wishes to exercise the right of withdrawal, the Consumer must fill out the return request form on the website. Once the return request form has been received by Maxaro, the Consumer will receive confirmation within 2 working days whether the return request is conditionally accepted (including any instructions).
Note: Returns are checked for completeness and undamaged condition of the product or products, any accompanying parts, and the packaging. Based on this check, Maxaro will be able to make a final decision regarding the acceptance or rejection of a return.
ARTICLE 11: Cancellation
If there is a distance purchase and the Consumer wishes to change or cancel it, the Consumer must inform Maxaro by email within 7 working days after placing the order and before the order has been delivered to the Consumer. After this period, a distance Agreement can no longer be changed or cancelled.
When the Customer has entered into a distance Agreement and wishes to change or cancel it, the Customer must notify Maxaro within 24 hours after placing the order and confirm this by email. After this period, orders can no longer be changed or cancelled.
When the Customer has entered into an Agreement in the showroom and wishes to change or cancel it, this is only possible if the delivery has not yet taken place.
In this case, the Customer must inform Maxaro by email of the intended change(s) or cancellation(s). Maxaro has the right to charge cancellation fees of up to a maximum of 40% of the total value of the agreement in this case.
ARTICLE 12: Returns
Products can be returned within 365 days. This period starts on the day of delivery of the product.
Maxaro is only obliged to accept returned products if the following conditions are met:
- You must submit the return request to us within 365 days of delivery.
- The products must be in their original, clean, and undamaged packaging.
- The products must not have been assembled or installed and must be complete, including loose parts.
- If you choose to return the items yourself, this is only possible at our warehouse in Roosendaal during opening hours.
- We will check your return shipment.
- Return shipping costs are at your own expense.
- Within 10 working days after receipt and approval of the returned product, the purchase amount will be transferred to you.
Returns are not possible for the following items:
- Samples;
- Showroom models;
- Products that have been specially ordered and/or produced for you;
- Fewer than 2 packs of tiles of the same tile.
Return shipping costs are the responsibility of the Customer. Maxaro will deduct the return shipping costs from the purchase amount. The return costs are €9.95 for parcel service and €19.95 for large transport.
If the Customer returns the entire order, both the purchase amount and any paid delivery costs will be refunded. If the Customer only returns part of the order, only the purchase amount will be refunded. Any delivery costs are the responsibility of the Customer.
When the Customer wishes to return a product or products for reasons unrelated to the defects or shortcomings described in this document, and Maxaro nevertheless, entirely voluntarily, accepts this return, Maxaro has the right to charge administration costs amounting to 15% of the total value of the products to be returned, with a minimum of €25.
Returns will only be accepted if the Customer has agreed this with Maxaro before the product or products are offered back to Maxaro. It is not possible to return a product that has been specially ordered, produced, and/or customised for the Consumer; this applies to both tiles and all other products. Additionally, acceptable or reasonable deviations regarding, among other things, colour, wear resistance, structure, and weathering do not constitute a valid reason for return.
Any damage that occurs during the return shipment is the responsibility of the Consumer. If the Consumer has already paid an amount, for example through a deposit, Maxaro will refund the paid amount to the Consumer within 10 working days after receiving the returned product or products.
Note: Only when the return request has been accepted and the product or products are undamaged and can be resold as new without issues, will Maxaro refund the full amount. Missing parts and damage to products and/or packaging will be deducted from the amount to be refunded.
Good to know: When the Consumer has chosen a payment via Riverty, the Consumer will not receive the purchase amount directly back from Maxaro; in this case, the purchase amount will be cancelled by Maxaro with Riverty or refunded by Riverty.
ARTICLE 13: Warranty
A warranty of 2 to 10 years is provided on the products supplied by Maxaro, depending on the product, for manufacturing, material, and construction defects that arise with proper and careful handling of the product and associated parts.
When a shorter warranty period is used by suppliers or manufacturers of the products supplied by Maxaro, the relevant shorter period applies as the warranty period for the Customer. The Customer can in no case invoke the warranty if the defect has arisen due to incorrect and/or careless assembly, installation, use, and/or maintenance. The warranty also lapses if the Customer has made changes to the product.
Note: Documents with warranty conditions and maintenance advice can be found on Maxaro's website for each product category. We advise our customers to carefully review these documents before proceeding to move, unpack, assemble, install, and/or use the relevant product or products.
The obligations arising from the warranty will never extend beyond what the supplier or manufacturer must adhere to according to the applicable warranty conditions.
ARTICLE 14: Liability
If the product supplied by Maxaro is defective, the liability towards the Customer is limited to what is stipulated in these conditions; whereby the obligation to provide any compensation is at all times limited to a maximum amount of twice the purchase price of the product that caused the damage.
Maxaro is in no case liable for damage caused by a defect in the sense of the Product Liability Act (Book 6, Title 3, Section 3 of the Civil Code).
Maxaro is also not liable when the damage to the delivered product is due to intent, gross negligence, culpable conduct, or incorrect and/or careless assembly, installation, use, and/or maintenance.
ARTICLE 15: Force Majeure
Maxaro is not bound to fulfil obligations arising from these conditions when Maxaro is hindered in fulfilling these obligations.
This is the case in circumstances that are not attributable to Maxaro's fault and circumstances that do not fall under the law or prevailing traffic views for the account of Maxaro or should come; this also includes all external causes over which Maxaro has no influence - foreseen, unforeseen, or unforeseeable. Strikes in the company of Maxaro and shortcomings of third parties, including suppliers, are included.
Maxaro also has the right to invoke force majeure as described in this article when that force majeure arises after Maxaro should have fulfilled its obligations. If the force majeure lasts longer than two months, both parties have the right to invoke the dissolution of the Agreement.
Maxaro is in no case liable for damages or defects, of any nature or extent, arising from force majeure, as described in this article.
ARTICLE 16: Disputes
All disputes - even when a dispute is perceived as such by only one of the parties involved - must be exclusively submitted to the competent court in the location of Maxaro, unless the relevant sub-district court is competent. However, Maxaro is free to submit the dispute to the legally competent court.
Only Dutch law applies to every Agreement between Maxaro and the Customer, to the exclusion of any other law. In the event of arbitration, only jointly appointed independent expertise will be recognised by Maxaro.
ARTICLE 17: Email Disclaimer
The information sent by email, including any attachments, is confidential and intended solely for the addressee(s). Use or distribution of the information by anyone other than the addressee(s) is not permitted.
If a message is received in error, the sender must be notified immediately. The message, including any attachments, must be deleted from the recipient's system. Maxaro points out that email messages may be subject to change.
Furthermore, Maxaro is not liable for the incorrect or incomplete transmission of the information sent with an email message, nor for any delay in the receipt of the email message.
Maxaro does not guarantee that the integrity of messages has been maintained, nor that a message has not been intercepted, has not been subject to interference by third parties, or is free from viruses. An email message should therefore be checked for viruses before opening.
Apart from the conditions mentioned in this document, the Customer retains the rights it has under the law. Maxaro reserves the right to make changes and amendments.
Note: These general terms and conditions have been translated into English for convenience. Dutch law applies to the agreement.