Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can
exercise their right of withdrawal;
Consumer: the natural person who is not acting in the
exercise of a profession or business and enters into a distance contract
with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to
a series of products and/or services, the delivery and/or
purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or
entrepreneur to store information addressed personally to them
in a way that allows for future consultation and
unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive
the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or
services to consumers remotely;
Distance contract: a contract whereby, within the framework
of a system organized by the entrepreneur for distance selling
of products and/or services, up to and including the conclusion of
the contract, only one or
more techniques for distance communication are used;
Distance communication technique: a means that can be used
to conclude a contract, without the consumer and entrepreneur being
simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions
of the entrepreneur.
Article 2 – Identity of the entrepreneur
Domain: Mamailike.nl
Company name: Mama I Like (M.I.L)
Schillingdreef 5, 3446 XK in Woerden (NO visiting/return address)
Email address: info@mamailike.nl
Chamber of Commerce number: 85995576
VAT identification number: NL004173395B52
Article 3 – Applicability
These general terms and conditions apply to every offer made by
the entrepreneur and to every concluded distance contract
and orders 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, before the
distance contract is concluded, it will be indicated that
the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer
as soon as possible free of charge upon request.
If the distance contract is concluded electronically, then,
notwithstanding the previous paragraph and before the distance contract is concluded,
the text of these general terms and conditions may be made available to the consumer
electronically in such a way that the consumer can store it
in a simple manner on a durable data carrier.
If this is not reasonably possible, before the distance contract is concluded, it will be indicated
where the general terms and conditions can be consulted electronically
and that they will be sent free of charge to the consumer by electronic means or otherwise upon 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 mutatis mutandis, and the
consumer can always invoke the applicable provision that is
most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions
are at any time wholly or partially null and void or are annulled,
the agreement and these terms and conditions will remain in force
for the remainder, and the relevant provision will be immediately
replaced by a provision that approximates the original intent as much as possible, through mutual consultation.
Situations not regulated in these general terms and conditions
should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more
provisions of our terms and conditions should be interpreted 'in the spirit'
of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made under
specific conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify
and adapt the offer.
The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficiently
detailed to allow the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or
obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative
and cannot give rise to compensation or dissolution
of the agreement.
Images accompanying products are a true representation
of the products offered.
The entrepreneur cannot guarantee
that the displayed colors exactly match the actual
colors of the products.
Every offer contains such information that it is clear to the consumer
what the rights and obligations are that are attached to the
acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what
actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period
within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the
costs of using the distance communication technique are
calculated on a different basis than the regular
basic tariff for the communication means used;
whether the agreement will be archived after conclusion, and if so, how
it can be consulted by the consumer;
the way in which the consumer, before concluding the
agreement, can check and, if desired, correct the data
provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the
agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself
and the way in which 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, colors, type of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4,
at the moment of acceptance by the consumer of the offer
and the fulfillment of the conditions set forth therein.
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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall
take appropriate technical and organizational measures to secure
the electronic transfer of data and shall ensure a secure web environment.
If the consumer can pay electronically, the entrepreneur shall
observe appropriate security measures.
The entrepreneur can – within legal frameworks – inquire whether
the consumer can meet their payment obligations, as well as
all facts and factors that are important for a responsible conclusion
of the distance contract. If, based on this investigation, the entrepreneur
has good reasons not to enter into the agreement, they are entitled
to refuse an order or request with reasons or to attach special
conditions to its execution.
The entrepreneur will provide the consumer with the following information
with the product or service, in writing or in such a way that it can be
stored by the consumer in an accessible manner
on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the
consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can
exercise the right of withdrawal, or a clear notification regarding the exclusion
of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms and conditions,
unless the entrepreneur has already provided this data to the consumer
before the execution of the agreement;
e. the requirements for termination of the agreement if the
agreement has a duration of more than one year or is for an
indefinite period.
In the case of a continuous transaction, the provision in the previous paragraph
applies only to the first delivery.
Every agreement is entered into under the suspensive conditions
of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to
dissolve the agreement without giving reasons for a period of 14 days.
This cooling-off period starts on the day after
receipt of the product by the consumer or a representative designated by the consumer
in advance and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and 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 exercise their
right of withdrawal, they will return the product with all
accessories supplied and – if reasonably possible – in its original
condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions
provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal,
they are obliged to notify the entrepreneur within 14 days of receiving the product.
Notification must be made by the consumer via a written message/
email. After the consumer has indicated their wish to exercise their
right of withdrawal, the customer must return the product within 14 days.
The consumer must prove that the delivered goods have been returned to the supplier in time,
for example by means of a proof of shipment including a track & trace code.
If, after the expiry of the periods mentioned in paragraphs 2 and 3,
the customer has not indicated that they wish to exercise their
right of withdrawal or has not returned the product to the entrepreneur,
the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs for
returning the products are for the consumer's account.
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. This is subject to the condition that the product has already been
received back by the web retailer or conclusive proof of complete return
can be provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal
for products as described in paragraphs 2 and 3. The exclusion
of the right of withdrawal only applies if the entrepreneur has
clearly stated this in the offer, or at least in good time before the conclusion
of the agreement.
Exclusion of the right of withdrawal is only possible for
products:
a. that have been created by the entrepreneur in accordance with
the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can quickly spoil or age;
e. whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software for which the
consumer has broken the seal.
h. for hygienic products for which the consumer has
broken the seal.
Exclusion of the right of withdrawal is only possible for
services:
a. concerning accommodation, transport, catering or leisure activities
to be performed on a specific date or during a specific
period;
b. the supply of which has begun with the express consent of the
consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the
offered products and/or services will not be increased, except for
price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer
products or services whose prices are subject to fluctuations in the
financial market and over which the entrepreneur has no influence,
at variable prices. This dependence on fluctuations and the fact that
any stated prices are indicative prices, will be mentioned in the offer.
Price increases within 3 months after the conclusion of the
agreement are only permitted if they are the result of
legal regulations or provisions.
Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement
effective from the day the price increase takes effect.
The prices stated in the offer of products or services are
inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability
is accepted for the consequences of printing and typesetting errors.
In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver
the product at the incorrect price.
Article 10 – Conformity 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 existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable
for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer
does not affect the legal rights and claims that the consumer can assert
against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing
within 14 days of delivery. Products must be returned in their original packaging
and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's
warranty period. However, the entrepreneur is never responsible
for the ultimate suitability of the products for each individual application
by the consumer, nor for any advice regarding the use or application of
the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;
The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care
when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in Article 4 of these
general terms and conditions, the company will execute accepted orders
with due speed, but no later than within 30 days,
unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be executed,
the consumer will receive notice of this no later than 30 days after
placing the order. In that case, the consumer has the right to dissolve the agreement
without costs and to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur
will refund the amount paid by the consumer as soon as possible,
but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the
entrepreneur will endeavor to provide a replacement item.
At the latest upon delivery, it will be clearly and comprehensibly stated
that a replacement item is being delivered. For replacement items,
the right of withdrawal cannot be excluded. The costs of any
return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the
entrepreneur until the moment of delivery to the consumer or a
previously designated representative known to the entrepreneur,
unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and renewal
Termination
A consumer may terminate an agreement entered into for an
indefinite period, which provides for the regular delivery of products
(including electricity) or services, at any time, subject to agreed
termination rules and a notice period of no more than one month.
A consumer may terminate an agreement entered into for a definite
period, which provides for the regular delivery of products
(including electricity) or services, at any time at the end of the
definite period, subject to agreed termination rules and a notice
period of no more than one month.
The consumer can terminate the agreements mentioned in the
previous paragraphs:
at any time and not be limited to termination at a specific time or
in a specific period;
at least in the same manner as they were entered into by him;
always with the same notice period as the entrepreneur has
stipulated for himself.
Renewal
An agreement entered into for a definite period, which provides for
the regular delivery of products (including electricity) or services,
may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement entered into
for a definite period, which provides for the regular delivery of daily,
news, and weekly newspapers and magazines, may be tacitly
renewed for a definite period of up to three months, if the consumer
can terminate this renewed agreement at the end of the renewal
with a notice period of no more than one month.
An agreement entered into for a definite period, which provides for
the regular delivery of products or services, may only be tacitly
extended for an indefinite period if the consumer may terminate at
any time with a notice period of no more than one month, and a
notice period of no more than three months in cases where the
agreement provides for the regular, but less than once a month,
delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily,
news, and weekly newspapers and magazines for introductory
purposes (trial or introductory subscription) will not be tacitly
continued and will automatically end after the trial or introductory
period.
Duration
If an agreement has a duration of more than one year, the consumer
may terminate the agreement at any time after one year with a
notice period of no more than one month, unless reasonableness
and fairness oppose termination before the end of the agreed
duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must
be paid within 7 working days after the commencement of the
cooling-off period as referred to in Article 6 paragraph 1. In the event
of an agreement for the provision of a service, this period starts after
the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in
provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has
the right, subject to legal limitations, to charge the reasonable costs
made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the implementation of the agreement must be
submitted to the entrepreneur fully and clearly described within 7
days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a
period of 14 days from the date of receipt. If a complaint requires a
foreseeably longer processing time, the entrepreneur will respond
within the 14-day period with an acknowledgment of receipt and an
indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute
will arise that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the
entrepreneur will, at its discretion, either replace or repair the
delivered products free of charge.
Article 15 – Disputes
Dutch law applies exclusively to agreements between the
entrepreneur and the consumer to which these general terms and
conditions relate, even if the consumer resides abroad.







