Terms & Conditions

General Terms and Conditions of MARLOWE MELBOURNE

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

  • Withdrawal period: the period during which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with MARLOWE MELBOURNE;

  • Day: calendar day

  • Ongoing transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

  • Durable data carrier: any device that enables the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unaltered reproduction of the information stored;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;

  • Entrepreneur: MARLOWE MELBOURNE;

  • Distance contract: a contract concluded within the framework of a system organized by MARLOWE MELBOURNE for the distance sale of products and/or services, using only distance communication techniques until the contract is concluded;

  • Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;

  • General Terms and Conditions: these General Terms and Conditions of MARLOWE MELBOURNE.

Article 2 – Identity of MARLOWE MELBOURNE

Company name: MARLOWE MELBOURNE
Registered address: Zeeloodsenlaan 15, 1785BL Den Helder, The Netherlands
Email address: info@marlowe-melbourne.com
Contact form: Click here

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by MARLOWE MELBOURNE and to any distance contract and orders concluded between MARLOWE MELBOURNE 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, MARLOWE MELBOURNE will inform the consumer where the General Terms and Conditions can be reviewed electronically and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions will be made available electronically in such a way that the consumer can easily store it on a durable data carrier.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the consumer can always rely on the most favorable applicable provision.

If any provision of these General Terms and Conditions is null and void or annulled, the remaining provisions remain fully effective, and the invalid or annulled provision will be replaced by a provision that closely reflects the original intent.

Matters not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted "in the spirit" of these 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.

Offers from MARLOWE MELBOURNE are non-binding. MARLOWE MELBOURNE is entitled to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. Images and specifications are indicative and intended to present a true representation. Minor deviations in color or appearance are possible.

Obvious mistakes or errors in the offer are not binding for MARLOWE MELBOURNE.

Each offer contains information clarifying the rights and obligations involved, particularly regarding:

  • The price, excluding customs clearance fees and import VAT (which are the customer's responsibility);

  • Possible shipping costs;

  • The manner in which the contract is concluded;

  • Whether the right of withdrawal applies;

  • Terms of payment, delivery, and performance of the contract;

  • The deadline for accepting the offer;

  • If applicable, the cost of distance communication;

  • Whether the contract will be archived and if so, how it can be accessed;

  • The way the consumer can verify and, if desired, correct their provided information before the conclusion of the contract;

  • The languages available for concluding the contract;

  • Codes of conduct that MARLOWE MELBOURNE adheres to;

  • The minimum duration of the distance contract in the case of continuous services;

  • (Optional) available sizes, colors, materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the stipulated conditions.

If the consumer has accepted the offer electronically, MARLOWE MELBOURNE will confirm receipt of the acceptance electronically without delay. Until receipt is confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, MARLOWE MELBOURNE will take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure web environment.

MARLOWE MELBOURNE may, within the legal framework, investigate whether the consumer can meet their payment obligations and gather other relevant facts and factors necessary for a responsible distance contract. If MARLOWE MELBOURNE has good grounds not to conclude the contract, they are entitled to refuse an order or attach special conditions.

Upon delivery of the product or service, MARLOWE MELBOURNE will send the consumer:

  • The visiting address where complaints can be submitted;

  • The conditions and procedures for exercising the right of withdrawal;

  • Information on warranties and after-sales service;

  • The data referred to in Article 4, unless MARLOWE MELBOURNE has already provided them;

  • The conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In case of a continuous transaction, the previous paragraph applies only to the first delivery.

Each contract is concluded under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This cooling-off period commences the day after the product is received by the consumer or a third party designated by the consumer.

During the cooling-off period, the consumer shall treat the product and packaging carefully and only handle the product as necessary to establish its nature, characteristics, and functioning.

To exercise the right of withdrawal, the consumer must notify MARLOWE MELBOURNE in writing or via email within 14 days after receipt.

The consumer must return the product within 14 days after the notification, providing proof of timely dispatch.

If the consumer does not notify their intent to withdraw or fails to return the product within the designated period, the sale becomes binding.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.

If the consumer has paid any amount, MARLOWE MELBOURNE will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the returned product has been received or sufficient proof of return has been provided.

Article 8 – Exclusion of Right of Withdrawal

MARLOWE MELBOURNE may exclude the consumer's right of withdrawal for certain products and services, but only if clearly stated before the contract is concluded. Exclusions apply to products:

  • Made according to the consumer's specifications;

  • Clearly personalized;

  • Not suitable for return due to their nature;

  • Subject to rapid deterioration or expiration;

  • Priced based on fluctuations in the financial market beyond the entrepreneur's control;

  • Individual newspapers and magazines;

  • Audio and video recordings or computer software with broken seals;

  • Hygiene products with broken seals.

Exclusion for services is possible where:

  • The service involves accommodation, transport, restaurant business, or leisure activities for a specific date or period;

  • The provision of services has begun with the consumer's express consent before the withdrawal period has ended;

  • The service involves betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, prices will not be increased, except for price changes due to changes in VAT rates.

Prices for products/services that are subject to financial market fluctuations may vary, but this will be clearly stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if resulting from legislation or regulatory changes.

Price increases after 3 months may apply only if:

  • They are the result of legislation; or

  • The consumer can terminate the contract as of the day the price increase takes effect.

No VAT is charged by MARLOWE MELBOURNE due to non-EU delivery. Any VAT/import duties are the customer’s responsibility.

All prices are subject to printing and typing errors. No liability for such errors will be accepted.

Article 10 – Conformity and Warranty

MARLOWE MELBOURNE guarantees that the products/services conform to the contract, specifications listed in the offer, reasonable requirements of reliability/usability, and existing legal provisions.

MARLOWE MELBOURNE's warranty does not affect the consumer's statutory rights.

Defective or wrongly delivered products must be reported to MARLOWE MELBOURNE within 14 days after delivery, returned in original packaging and new condition.

Warranty is void if:

  • The consumer has repaired/altered the products themselves or had third parties do so;

  • The products have been exposed to abnormal conditions;

  • The defect results from regulations regarding the nature or quality of materials.

Article 11 – Delivery and Execution

Delivery will take place to the address provided by the consumer, located outside the EU.

Orders will be executed as soon as possible but no later than 30 days, unless otherwise agreed.

If delivery is delayed, the consumer has the right to dissolve the contract without cost and claim compensation.

In case of dissolution, any amounts paid will be refunded within 14 days.

If delivery of an ordered product proves impossible, MARLOWE MELBOURNE will endeavor to supply a replacement item.

The risk of product damage or loss lies with MARLOWE MELBOURNE until the product is delivered to the consumer.

Article 12 – Duration Transactions: Termination, Renewal, and Duration

For contracts of indefinite duration, the consumer can terminate with no more than one month's notice.

Fixed-term contracts can be terminated by the consumer at the end of the fixed period with a notice of no more than one month.

Fixed-term contracts for daily/weekly publications may be tacitly renewed for up to three months.

Article 13 – Payment

Amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period.

The consumer has a duty to report inaccuracies in provided payment details immediately.

In case of non-payment, MARLOWE MELBOURNE is entitled to charge the reasonable costs communicated beforehand to the consumer.

Article 14 – Complaints Procedure

Complaints must be submitted to MARLOWE MELBOURNE within 7 days after defects are discovered, clearly describing the issue.

Complaints will be answered within 14 days of receipt.

If resolution is not possible, the dispute will be subject to dispute resolution procedures.

Article 15 – Disputes

Contracts between MARLOWE MELBOURNE and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – Finality of Solutions for Refunds, Returns, and Reshipments

In the event of a product reshipment or voucher issued exceeding 75% of the original order value, the consumer agrees to accept this as a final settlement.

Upon acceptance, no further claims for refunds, returns, or reshipments will be honored.

Acceptance of a reshipment or voucher confirms that the consumer acknowledges the transaction as fully settled.