Terms and Conditions

General Terms and Conditions

This website is operated by Mabel & Daughters Melbourne. Throughout the site, the terms “we”, “us” and “our” refer to Mabel & Daughters Melbourne. Mabel & Daughters Melbourne offers this website, including all information, tools and services available from this site, to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following General Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous performance contract: a distance contract relating to a series of deliveries of products and/or services, the obligation of which is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers by means of distance selling.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same place.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identification of the entrepreneur

Email address: support@mabelanddaughters.com
Company name: Mabel & Daughters Melbourne
Chamber of Commerce number: 96955651
Address: De Braken 55, 1713 GC Obdam

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the contract is concluded that the General Terms and Conditions are available for inspection and will be provided free of charge upon request.

If the contract is concluded electronically, the text of these General Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the consumer may always rely on the provision that is most favorable to them in the event of conflicting terms. If any provision of these General Terms and Conditions is wholly or partially void or invalid, the remaining provisions shall remain in force and the invalid provision shall be replaced by a provision that most closely reflects the intent of the original provision.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be clearly stated. The offer is non-binding. The entrepreneur reserves the right to modify or withdraw the offer. The offer shall include a complete and accurate description of the products and/or services offered, sufficient for the consumer to make a proper assessment. Images used shall be a true representation of the products and/or services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications and information are indicative and do not give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.

Each offer shall clearly state the rights and obligations associated with acceptance, including the price (excluding import VAT and customs clearance fees, which are borne by the customer), shipping costs, method of conclusion of the agreement, applicability of the right of withdrawal, payment and delivery methods, acceptance period, communication costs, archiving of the agreement, correction of entered data, available contract languages, applicable codes of conduct, and the minimum duration of the contract where applicable.

Article 5 – The agreement

The agreement is concluded when the consumer accepts the offer and fulfills the stated conditions. If acceptance occurs electronically, the entrepreneur shall promptly confirm receipt electronically. Until confirmation is received, the consumer may dissolve the agreement.

The entrepreneur shall take appropriate measures to secure electronic data transfer and payments. The entrepreneur may assess the consumer’s ability to meet payment obligations and may refuse or condition an order where justified.

The entrepreneur shall provide the consumer with the following information, in writing or on a durable data carrier:

  1. The business address where complaints can be submitted.

  2. The conditions and method for exercising the right of withdrawal, or a clear statement if this right does not apply.

  3. Information on guarantees and after-sales services.

  4. The information referred to in Article 4, unless already provided.

  5. The conditions for terminating the agreement if it has a duration exceeding one year or is indefinite.

For continuous performance contracts, this information is required only for the first delivery. All agreements are concluded subject to product availability.

Article 6 – Right of withdrawal

The consumer has the right to withdraw from the agreement within 14 days without giving any reason. This period begins on the day the consumer or a designated representative receives the product. The consumer must handle the product and packaging with care and may only use it to the extent necessary to assess it.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing within 14 days of receipt and return the product within a further 14 days. Proof of timely return may be required. Failure to act within these periods makes the purchase final.

Article 7 – Costs in case of withdrawal

The consumer bears the cost of returning the product. Paid amounts shall be refunded within 14 days after withdrawal, provided the product has been returned or proof of return has been supplied.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal may be excluded for custom-made, personal, perishable, sealed hygiene, unsealed audio/video/software products, newspapers and magazines, and products subject to financial market fluctuations. For services, exclusion applies to time-specific services, services begun with consumer consent, and betting or lottery services, provided this was clearly stated in advance.

Article 9 – The price

Prices remain unchanged during the stated validity period, except for VAT changes or legally required adjustments. Variable pricing may apply to market-sensitive products. Delivery is deemed to occur from outside the EU; import VAT and customs fees are payable by the customer. Prices are subject to typographical errors.

Article 10 – Conformity and warranty

Products and services must conform to the agreement and applicable laws. Manufacturer warranties do not affect statutory consumer rights. Defects must be reported within 14 days. Warranty does not apply in cases of misuse, unauthorized modification, or abnormal conditions.

Article 11 – Delivery and execution

Orders are executed with due care and delivered within 30 days unless otherwise agreed. Delays or partial deliveries entitle the consumer to terminate the agreement and receive a refund. Risk remains with the entrepreneur until delivery.

Article 12 – Continuous performance contracts

Indefinite contracts may be terminated with one month’s notice. Fixed-term contracts may be terminated at the end of the term. Tacit renewal is restricted as described, and long-term contracts may be terminated after one year with one month’s notice.

Article 13 – Payment

Payments must be made within 7 working days unless otherwise agreed. Incorrect payment details must be reported promptly. Reasonable costs may be charged in case of non-payment.

Article 14 – Complaints procedure

Complaints must be submitted within 7 days of discovery and will be answered within 14 days. Justified complaints will result in repair or replacement.

Article 15 – Disputes

All agreements are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – Contact information

Questions regarding these Terms and Conditions can be sent to:
support@mabelanddaughters.com