Terms and Conditions

General Terms and Conditions for Maxima-Melbourne

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  • Withdrawal Period: the period during which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person who does not act in a professional capacity and enters into a distance contract with the entrepreneur;
  • Day: January 25, 2024
  • Continuous Transaction: a distance contract concerning a series of products and/or services where the obligation of delivery and/or purchase is spread over time;
  • Durable Medium: any means that allows the consumer or entrepreneur to store information directed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
  • Right of Withdrawal: the consumer's ability to withdraw from the distance contract during the withdrawal period;
  • Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
  • Distance Contract: a contract concluded within the framework of an organized system for distance selling of products and/or services using only one or more means of remote communication;
  • Means of Remote Communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being physically present at the same place.

General Terms and Conditions: these general terms and conditions for the entrepreneur.

Article 2 - Entrepreneur's Identity

  • Company Name:
  • Chamber of Commerce (KVK) number:
  • Phone Number:
  • Address:
  • ABN (Australian Business Number):
  • Email Address: maxima.melbourne@gmail.com

Article 3 - Applicability These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders 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, it will be indicated before the distance contract is concluded that general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in a way that can be easily stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically, and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs will apply by analogy, and in the event of conflicts between general terms and conditions, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions will remain in force for the remainder, and the provision in question will be replaced by mutual agreement as soon as possible with a provision that comes as close as possible to the intent of the original.

Matters not covered by these general terms and conditions shall be assessed 'in spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions in our terms shall be interpreted 'in spirit' of these general terms and conditions.

Article 4 - The Offer If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products 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, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price, excluding customs and import taxes. These additional costs will be borne by the customer and at their risk. Postal and/or courier services will use the special scheme for postal and courier services with respect to import. This scheme applies when goods are imported into Australia. Postal and/or courier services will charge taxes (with or without invoiced customs clearance costs) from the recipient of the goods;
  • the possible costs of delivery;
  • how the agreement will be concluded and what actions are necessary for this;
  • whether the right of withdrawal applies or not;
  • the payment, delivery, and execution method of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the amount of the rate of remote communication, if the costs of using the remote communication technique are calculated on a basis other than the normal basic price of the communication means used;
  • whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • how the consumer, before concluding the agreement, can check the information provided by them in connection with the agreement and, if necessary, correct it;
  • the languages in which, in addition to English, the agreement can be concluded;
  • codes of conduct that the entrepreneur has submitted, and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes

Article 5 - The Agreement The agreement is concluded, subject to the provisions of paragraph 4, the moment the consumer accepts the offer and complies with the conditions set for this purpose.

If the consumer 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 by the entrepreneur, 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

Within the law, the entrepreneur can inquire whether the consumer can meet their payment obligations, as well as all the facts and factors important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they have the right to refuse an order or request with reasons or attach special conditions to the execution.

The entrepreneur shall send the following information in writing or in a way that can be easily stored by the consumer on a durable medium, together with the product or service to the consumer:

  1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  2. the conditions for how and in what way the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
  3. information about warranties and existing after-sales service;
  4. the information referred to in Article 4, paragraph 3, of these terms, unless the entrepreneur has already provided this information.

Article 6 - Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within a period of 14 days. This withdrawal period starts the day after the consumer receives the product, or an earlier designated representative made known to the entrepreneur.

During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they must return the product with all accessories included 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.

If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must notify this through a written message/email. After the consumer has notified that they wish to make use of their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of a shipping receipt.

If the customer has not made it known after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal If the consumer makes use of their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received by the online store, or that conclusive evidence of complete return can be provided.

Article 8 - Exclusion of Right of Withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer's specifications;
  2. that are clearly of a personal nature;
  3. that cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is linked to fluctuations in the financial market that the entrepreneur does not influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer programs where the consumer has broken the seal;
  8. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. if delivery has begun with the explicit consent of the consumer before the withdrawal period has expired;
  3. relating to betting and lotteries.

Article 9 - Price During the validity period 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.

In deviation from the previous paragraph, the entrepreneur can offer products or services where prices are linked to fluctuations in the financial market and which the entrepreneur does not influence, at variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:

  1. they are the result of statutory regulations or provisions; or
  2. the consumer has the authority to terminate the agreement from the day the price increase takes effect.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that exist on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses beyond normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period for the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer themselves has repaired the delivered products and/or has had them repaired by third parties;
  • the delivered products have been exposed to abnormal conditions or have been handled irresponsibly or contrary to the entrepreneur's instructions and/or have been handled by the packaging;
  • the defects are wholly or partially the result of rules that the government has or will establish regarding the nature or quality of the materials used.