Maziya BV

1. Definitions
1.1. In these general terms and conditions, Maziya BV uses the following terms with the meanings specified below:

Order: the order you place through Maziya's website;
You/your: the natural person (consumer) using the website and/or purchasing products through the website;
Giftcard(s): gift cards issued by Maziya;
Agreement: the agreement through which you purchase products via the website;
Product(s): Maziya brand products offered on its website;
Maziya/we/us/our: the private company with limited liability Maziya BV, located at Bargelaan 200, 2333 CW Leiden. Registered with the Chamber of Commerce under number 92217524, reachable by email at info@maziya.eu, by phone at +31 6 12283115;
Conditions: these general terms and conditions;
Website: Maziya's website www.maziya.eu and its variants.

2. Agreement between you and Maziya

2.1. These conditions apply to your use of Maziya's website, any offer from Maziya, and any concluded agreement.

2.2. Before the agreement is concluded, the text of these conditions is made available to you via the website, and the conditions can be downloaded from the website at any time.

2.3. All offers from Maziya, whether oral, written, or by phone, are non-binding unless Maziya expressly includes an acceptance period. The website does not contain binding offers unless stated otherwise.

2.4. Maziya's offers are based on information provided by you, and you guarantee the accuracy of this information. An agreement is concluded by a written or electronic confirmation from Maziya.

2.5. Maziya collects and processes your personal data in accordance with our privacy and cookie statement.

2.6. Maziya is allowed to unilaterally modify these conditions. The modified conditions also apply to existing agreements between you and Maziya. If the modification of essential conditions is to your disadvantage, you have the right to terminate the agreement with Maziya without cost or compensation within 14 days after Maziya has informed you of the new general terms and conditions, observing a notice period of 14 days.

3. Orders

3.1. By placing an order on the website, you agree to these conditions. Normally, you will receive an order confirmation immediately after placing the order. Subsequently, you will receive an email (except for pre-orders) when your order is in production and when your order is shipped.

3.2. To place an order, you must have an email address. It is possible to order as an existing customer or as a guest.

a) Once you have received a confirmation email, you have 4 hours during working hours (9:00 am to 5:00 pm) to cancel or modify your order by contacting our customer service. Cancellation and modification options may vary in the case of (temporary) promotions. Refer to our website for specific cases. After that, the order cannot be modified.

3.3. Maziya reserves the right to modify an order, for example, if the requested specification, combination, or engraving is not possible.

3.4. If an order cannot be delivered unexpectedly, you will be informed as soon as possible. If the order has already been paid, an attempt will be made to refund the payment through the payment method you used. If a different method is required for the refund, Maziya will inform you and ask you to contact customer service, which will handle the refund.

3.5. The order confirmation shows your total price, including taxes and shipping costs. At that moment, the agreement is concluded.

3.6. Whether an order can be delivered depends on availability. We may cancel the order if: the product is unavailable, materials or raw materials are unavailable, the (invoice) details you provided are incorrect or unverifiable, an unusual order is placed, you are under 16 years old, payment is not made on time, or due to events or circumstances beyond our control.

3.7. Maziya reserves the right to suspend the performance of its obligations in case of force majeure. Force majeure includes circumstances or events that reasonably make it impossible (anymore) for Maziya to fulfill its obligation(s), even if those circumstances were foreseeable at the conclusion of the agreement. Force majeure includes (but is not limited to): storm damage and other natural disasters, strikes, call to war, illness of irreplaceable employees, force majeure and/or non-compliance (on time) by Maziya's supplier(s), fire, and other accidents in the company, as well as all government measures and regulations and, in general, all circumstances beyond Maziya's control.

3.8. The dimensions of the products are indicative only and may vary, especially as the products are often handmade and/or made to order. Maziya reserves the right to a margin of 1cm for necklaces, a whole size for bracelets, and 1/4 size for rings. In addition, the displayed color and material of the products depend on various factors, such as screen quality, the use of a phone, desktop, or tablet, and various environmental factors. Obvious errors or mistakes in the website's offer do not bind Maziya.

4. Payment and prices

4.1. Prices and rates communicated by Maziya through the website or in any other way include VAT, packaging costs, and other taxes or levies that may be imposed on the products but exclude delivery and transport costs and import and export costs related to the delivery of products outside the EU.

4.2. If one or more cost price factors increase after the start date of the agreement, Maziya may increase the agreed price. This is the case, for example, when taxes are increased or purchase prices for Maziya significantly rise. If there is a price increase, you can terminate the agreement.

5. Delivery and retention of title

5.1. All deadlines communicated by Maziya for the delivery of its products are indicative. These are not strict deadlines. If the communicated (delivery) deadline is exceeded, Maziya will inform you as soon as possible. If the deadline is exceeded by more than 4 weeks from the moment you received the email that the product is in production, you have the right to cancel the purchase and receive a refund.

5.2. Shipment and transport of products to you are at the risk of Maziya. The risk passes to you or a designated third party at the moment you or a designated third party takes receipt of the order. This means that Maziya is no longer responsible for the products once you have received them. Circumstances that occur after the products are delivered—such as damage due to an accident, loss, or theft of the products—are solely at your risk. Maziya may deliver the order in different parts.

5.3. You are obliged to accept the products when they are made available to you.

5.4. If you do not pay the due amounts to Maziya (on time), Maziya reserves the right to refuse delivery of the products until you have paid all amounts due, without prejudice to (and not in place of) other rights under the law or the agreement.

5.5. All products delivered by Maziya remain

Maziya's property until you have fulfilled all your obligations under the agreement(s) concluded with Maziya.

5.6. You undertake to take care of the delivered products with due care and, in the event of an event that qualifies for the right to terminate the agreement, to return the products undamaged in their original packaging to Maziya, or otherwise in accordance with the instructions provided by Maziya.

6. Right of withdrawal

6.1. You have the right to dissolve the agreement, without giving reasons, within 14 days after receiving the product, unless you purchase the product for your business. This is the cooling-off period.

6.2. The cooling-off period starts on the day after you, or a third party designated by you (not the carrier), has received the product, or:
a) If you have ordered multiple products in the same order: the day on which you, or a third party designated by you, received the last product. Maziya may refuse a combined order of multiple products with different delivery times, provided it clearly informed you of this before the order process.
b) If the delivery of a product consists of different shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part.
c) With contracts for the regular delivery of products over a certain period: the day on which you, or a third party designated by you, received the first product.

6.3. If Maziya has not provided you with information about your right of withdrawal or has not provided the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6.4. You have the right to dissolve the agreement by notifying Maziya of your decision (model withdrawal form) within the cooling-off period, and you have an additional 14 days to return the product(s).

6.5. During the cooling-off period, you will handle the product and its packaging with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product. Returned products may be viewed and tested to determine whether you have exercised your right of withdrawal in a careful and considered manner, as required by law.

6.6. If you make use of your right of withdrawal, you must return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Maziya.

6.7. If you dissolve the agreement, you will receive all payments you have made up to that point, including the shipping costs (with the exception of any additional costs resulting from your choice of a different delivery method than the cheapest standard delivery offered by Maziya), immediately and in any case no later than 14 days after Maziya has been informed of your decision to dissolve the agreement. Maziya will reimburse you using the same payment method with which you made the original transaction, unless you have expressly agreed otherwise. You will not be charged any fees for such reimbursement.

6.8. You must return or hand over the product to Maziya immediately, but in any case no later than 14 days after the day on which you have notified Maziya of your decision to dissolve the agreement. You are on time if you return the product before the 14-day period has expired.

6.9. The direct costs of returning the product are at your expense.

6.10. You are only liable for the depreciation of the product resulting from the use of the product that goes beyond what is necessary to determine the nature, characteristics, and functioning of the product.

7. Warranty and conformity

7.1. Maziya guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability, and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement.

7.2. A guarantee provided by Maziya, manufacturer, or importer does not affect the legal rights and claims you can assert against Maziya under the agreement.

7.3. If the delivered product does not comply with the agreement, you must report this to Maziya within 7 days time after you have discovered the defect. You must inform Maziya of the defect in writing and clearly describe the defect.

7.4. If Maziya considers your complaint justified, the products will be replaced, repaired, or reimbursed after consultation with you. In consultation with you, the delivery time of the new product will be determined. If a product cannot be delivered, you will receive a credit note.

7.5. The warranty does not apply if the defect is due to:
a) normal wear and tear;
b) deliberate damage or negligence;
c) failure to follow the operating instructions or using the product for a purpose for which it was not intended;
d) improper installation or use;
e) modifications or repairs by you or third parties;
f) negligence.

8. Liability

8.1. Maziya's liability for loss or damage caused by an attributable shortcoming in the performance of the agreement or by an unlawful act is limited to compensation for direct loss or damage up to the amount of the price stipulated for that agreement, including VAT.

8.2. Maziya is not liable for indirect loss or damage, including consequential loss, loss of profit, lost savings, and loss due to business interruption.

8.3. Maziya's liability is excluded in the case of force majeure.

8.4. These limitations of liability do not apply if and insofar as the loss or damage is the result of willful intent or gross negligence by Maziya.

8.5. If Maziya is liable for any loss or damage, it is only liable for direct loss or damage resulting from or relating to the execution of an agreement.

8.6. Maziya is not liable for the actions or negligence of third parties engaged by Maziya for the execution of the agreement.

8.7. Any liability of Maziya for any form of indirect loss or damage is excluded.

9. Complaints

9.1. If you have a complaint about the performance of the agreement, you can submit your complaint to Maziya via the contact form on the website or by email.

9.2. Maziya will respond to your complaint as soon as possible but no later than 14 days after receipt of your complaint. If it is not possible to provide a substantive or definitive response to your complaint within 14 days, Maziya will confirm receipt of your complaint within 14 days and indicate when you can expect a substantive or definitive response.

10. Disputes and applicable law

10.1. The legal relationship between you and Maziya is exclusively governed by Dutch law.

10.2. If a provision in these conditions proves to be invalid, this does not affect the validity of the entire conditions. The parties will in that case adopt (a) new provision(s) to replace the invalid provision(s) as much as legally possible, taking into account the purpose and scope of the original provision(s).

10.3. If you reside outside the EU, you are obligated to first consult Maziya before you submit a dispute to a dispute resolution body. If the dispute cannot be resolved, the legal relationship between you and Maziya is exclusively governed by Dutch law.

10.4. Before placing an Order, you will be informed about the expected delivery time. After placing an Order, you will receive a confirmation email containing the expected delivery date, which is only an indication. After the Product has left the studio you will receive an email with the Track & Trace code.

10.5. If your order does not arrive on the scheduled date, please contact customer service at info@maziya.eu.

11. Payment methods

11.1 You can pay for your items in different ways. For more information about the payment options, please refer to our Website.

12. Disputes and applicable law

12.1 If you have a complaint, Maziya asks you to first contact us at info@maziya.eu. If your complaint is not dealt with to your satisfaction, you can use the ODR platform (https://ec.europa.eu/consumers/odr), but this is not an obligation.

12.2 Agreements between you and Maziya to which these Terms and Conditions relate shall be governed exclusively by Dutch law. The Vienna Sales Convention (CISG) shall not apply.