By Max: By Max B.V., established at Rooseindsestraat 54, 5705 BV Helmond.
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Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an agreement with By Max.
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Trader: By Max B.V.
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Agreement: any agreement between By Max and the consumer relating to the purchase of products or the use of services.
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Distance agreement: an agreement concluded via the By Max webshop without the consumer and trader being physically present at the same time.
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Right of withdrawal: the consumer's option to withdraw from the agreement within the statutory cooling-off period.
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Durable medium: any tool with which information can be addressed personally to the consumer and stored in such a way that it can be consulted later and reproduced unchanged.
These general terms and conditions apply to every offer made by By Max and to every agreement between By Max and the consumer.
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These general terms and conditions are made available to the consumer before the conclusion of a distance agreement in such a way that they can easily be stored on a durable medium.
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If, in addition to these general terms and conditions, supplementary terms and conditions apply, these will be made available to the consumer before the agreement is concluded.
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If one or more provisions of these general terms and conditions prove at any time to be wholly or partially void or voidable, the remaining provisions will remain in full force. In that case, the parties will consult with each other about a replacement provision that reflects the intention of the original provision as closely as possible.
By Max describes its products and services as fully and accurately as possible.
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Images of products are intended as a true-to-life representation of the item offered. With natural materials, colour, structure, shape and appearance may be perceived differently on a screen than in reality.
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At By Max, the item shown in the product photos is the actual item being offered. Unless expressly stated otherwise, the consumer will therefore not receive a random item from stock, but the item shown on the product page.
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Each item made from natural materials may display unique characteristics, small variations or natural imperfections. These characteristics form part of the character of the product in question.
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Obvious mistakes or obvious errors in the offer are not binding on By Max.
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Where applicable, the offer states the price including VAT, any shipping costs, the method of payment and delivery and whether the right of withdrawal applies.
The agreement is concluded as soon as the consumer accepts the offer and meets the conditions set for it.
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If the consumer accepts the offer electronically, By Max will confirm receipt thereof electronically as soon as possible.
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By Max reserves the right to refuse an order where there are valid reasons for doing so.
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Every agreement is entered into subject to the condition that the product in question is actually available.
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By Max provides the consumer with the legally required information about, among other things, the agreement, payment, delivery, warranty and any right of withdrawal.
When purchasing products, the consumer has the right, insofar as provided for by law and no statutory exception applies, to withdraw from the agreement without giving reasons within 14 days.
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The cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.
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During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only use and unpack the product to the extent necessary to assess its nature, characteristics and functioning, insofar as permitted by law.
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If the consumer wishes to exercise the right of withdrawal, they must inform By Max of this within the statutory cooling-off period by means of an unequivocal statement.
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After giving notice of withdrawal, the consumer must return the product to By Max within the statutory period.
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The consumer bears the risk of the return shipment until the product has been received by By Max.
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The consumer is responsible for any reduction in the value of the product resulting from use that goes beyond what is necessary to establish the nature, characteristics and functioning of the product, insofar as permitted by law.
The direct costs of returning a product are borne by the consumer, unless the law provides that By Max must bear these costs.
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For large, heavy, fragile or otherwise special products, the actual return costs may be significantly higher than the costs of a regular parcel shipment. In that case, the actual return costs are borne by the consumer, insofar as permitted by law.
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If the consumer withdraws the entire order, By Max will refund the purchase amount paid by the consumer, including the costs of the standard outbound delivery offered by By Max, insofar as legally required.
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Within 7 days of receiving the return shipment, By Max will refund the amounts that must be repaid to the consumer via the same payment method used for the original payment, unless the consumer has expressly agreed to a different payment method.
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If there is a reduction in value as referred to in Article 6, By Max may charge this reduction in value in accordance with the statutory rules.
The right of withdrawal does not apply where a statutory exception to the right of withdrawal applies.
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Products that have been adapted, modified or otherwise specifically manufactured or adapted at the consumer's request according to their wishes cannot be returned, insofar as this exception applies by law.
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Where a statutory exception applies to a specific product or specific service, this will be clearly stated with the offer before the agreement is concluded.
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The mere fact that a product is unique, rare or second-hand does not automatically mean that the right of withdrawal is excluded.
The stated prices include VAT, unless the product in question falls under the margin scheme. In that case, no separate VAT amount will be stated on the invoice, insofar as the statutory rules require this.
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Any shipping or other additional costs will be clearly stated before the agreement is concluded.
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By Max reserves the right to change prices and offers. A price change does not affect an agreement that has already been concluded.
By Max guarantees that the products supplied comply with the agreement, the specifications stated in the offer and the statutory requirements applicable at the time of purchase.
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The consumer retains all statutory rights relating to conformity and warranty.
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Any defects or incorrectly delivered products must be reported to By Max as soon as possible after discovery.
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A warranty provided by By Max, the manufacturer or the importer does not affect the consumer's statutory rights.
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Warranty or statutory claims cannot be limited where the cause of the problem falls under By Max's statutory responsibility.
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Damage caused by improper use, careless maintenance or circumstances that cannot reasonably be attributed to By Max may fall outside the warranty, insofar as permitted by law.
By Max sells, among other things, taxidermy animals, animal hides, skulls, skeletons, butterfly domes and other products that consist wholly or partly of natural materials.
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These products require appropriate maintenance and a suitable environment in order to remain in good condition for a longer period of time.
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By Max recommends, among other things:
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carefully dusting products regularly;
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avoiding direct and prolonged sunlight as much as possible;
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avoiding damp conditions;
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treating taxidermy animals where necessary with a suitable anti-insect spray;
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not moving products unnecessarily or holding them by fragile parts.
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Damage caused by insufficient or improper maintenance, pests, moisture, prolonged exposure to direct sunlight or other improper use does not fall under the responsibility of By Max, insofar as permitted by law.
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Natural materials may change over time. Changes that are the normal result of ageing, natural properties or environmental factors do not in themselves constitute a defect.
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Due to the use of natural materials, differences in colour, structure, shape and appearance may occur between items. These natural characteristics make each item unique.
Important
The maintenance advice is intended to preserve the lifespan and condition of natural products as well as possible. Consumers' statutory rights remain fully applicable.
By Max will carry out accepted orders with the greatest possible care.
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The place of delivery is the address provided by the consumer to By Max.
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By Max endeavours to dispatch orders within the stated delivery period. Stated delivery times are indicative, unless a fixed delivery period has been expressly agreed.
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If an order cannot be delivered, or cannot be delivered on time, the consumer will be informed of this as soon as possible.
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If delivery proves to be permanently impossible, the consumer has the statutory rights that apply in that case.
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The risk of damage to or loss of products rests with By Max until the moment the product has been delivered to the consumer or a third party designated in advance, unless otherwise provided by law.
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At By Max, an order generally concerns a specific and unique item. If, after the agreement has been concluded, an ordered item unexpectedly can no longer be delivered, By Max will inform the consumer of this as soon as possible. If no suitable solution can be agreed, the amount already paid will be refunded in accordance with the statutory rules.
The consumer must pay for the order using the payment method made available during the ordering process.
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The consumer is obliged to report inaccuracies in payment details provided to By Max as soon as possible.
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If the consumer does not pay on time, By Max may charge statutory interest and reasonable extrajudicial collection costs, insofar as permitted by law and in accordance with the statutory rules.
By Max advises the consumer to describe a complaint fully and clearly as soon as possible after discovering the problem.
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By Max endeavours to provide a substantive response to a complaint within 14 days of receipt. If more time is needed, the consumer will receive an acknowledgement of receipt and an indication of further handling within this period.
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If a complaint cannot be resolved by mutual agreement, both parties retain their statutory rights with regard to further dispute resolution.
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By Max is affiliated with Trusted Shops. Trusted Shops offers, among other things, reviews and, depending on the relevant service and terms and conditions, buyer protection and support with problems relating to online purchases. The terms and conditions of Trusted Shops apply separately.
All agreements between By Max and the consumer are governed by Dutch law, even if the consumer resides outside the Netherlands.
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Insofar as certain provisions of the law of the country where the consumer has their habitual residence remain applicable on the basis of mandatory provisions of international or European law, the choice of Dutch law does not affect this protection.
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Disputes will, insofar as permitted by law, be submitted to the competent court in the Netherlands.
Additional provisions or provisions deviating from these general terms and conditions may not derogate from mandatory law to the detriment of the consumer.
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Deviating agreements are recorded in writing or on another durable medium.
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